If you have been involved in a large truck accident, you have likely suffered serious injuries and incurred significant losses including medical bills, lost income, pain and suffering, and more. An experienced Philadelphia truck accident lawyer can help you receive proper compensation for your losses.
While all traffic-related accidents can potentially cause serious accidents and injuries, accidents involving large commercial trucks can cause devastating damage.
Commercial trucks are much larger than regular passenger vehicles and can weigh as much as 80,000 pounds, unlike an average car that weighs around 3,500 pounds.
The US Department of Transportation along with the National Safety Administration (NHTSA) released a joint report presenting evidence that crashes involving large trucks has increased 13 percent and truck accident fatalities have increased 5 percent.
If you have been involved in a serious trucking accident read on to learn more about your legal compensation from the skilled personal injury attorneys at The Levin Firm Personal Injury Lawyers.
Why You Need The Levin Firm Fighting for You After a Truck Accident
The Levin Firm has over 20 years of experience handling a wide range of truck accident cases, including blind spot, rollover, and jackknife accidents. Commercial truck collisions often leave victims with catastrophic injuries, impacting their ability to work and leaving them with significant medical bills, which is why it’s crucial to have a highly qualified lawyer on your side. Here are some of the most important reasons you should consider hiring The Levin Firm:
Recent Verdicts and Settlements We’re Proud Of
We’ve recovered millions for our clients through successfully negotiating settlements and obtaining trial awards. Some of the recent cases we’re proud of include:
- Winning $10,500,000 for a client who sustained severe injuries in a delivery truck accident
- Securing $2,400,000 for a client injured in a collision with a tractor-trailer truck
The best way to maximize your compensation following a truck accident is to let an experienced lawyer handle your case while you focus on recovering from your injuries.
Honors and Professional Achievements
Our lawyers’ hard work and dedication to our clients have resulted in our firm receiving honors and professional achievements from various legal organizations, including Super Lawyers, Avvo, and The National Trial Lawyers.
Attorney Gabriel Levin has received recognition from Super Lawyers for 15 consecutive years. Our firm was designated among both the Top 100 Trial Lawyers and the Top 40 Under 40 by The National Trial Lawyers. We’ve also received a 10.0 Superb rating from Avvo for being among the top attorneys for car accident cases.
Client Testimonials and Reviews
We recommend checking out our client testimonials to get a real-life perspective on what it’s like to work with our firm. Our past clients consistently leave positive reviews, detailing their experiences working with our lawyers and how we assisted them during one of the most difficult times in their lives.
One of these reviews we’d like to highlight for you comes from former client Erin W.:
“If you are ever in an accident you should call this firm. You will be happy you did. Highly recommend!! Answered all of my questions and put my mind at ease. Made me feel that I was not just another case.”
Our Step-by-Step Approach to Your Case
We start every case by talking directly to you to learn your side of the story and explain your options for seeking compensation.
Then, we conduct a thorough investigation into the accident, identifying the at-fault parties and gathering the evidence needed to hold them financially accountable. Next, we calculate the value of your case and submit demand letters to the relevant insurance companies.
Finally, we negotiate with the insurance companies for a fair settlement. If a settlement can’t be reached, we take your case to trial to seek the maximum compensation you deserve.
Meet the Lawyers Who Will Handle Your Case
- Gabriel Levin is a compassionate and responsive attorney with more than two decades of trial experience.
- James Stinsman previously served as an Assistant District Attorney in Philadelphia and brings that experience and knowledge into the service of his clients.
- Ashley Oakey uses her experience as a former insurance defense attorney to help clients seek fair insurance settlements.
- Joseph J. LoRusso is an experienced personal injury lawyer operating out of a satellite office in Orlando, Florida.
What Causes Truck Accidents?
Truck accidents are often devastating, and in many cases, they are preventable. The leading cause of these crashes is driver error.
According to the Federal Motor Carrier Safety Administration (FMCSA), truck accidents are significantly more likely to occur due to driver-related factors than any other cause.
The Role of Truck Driver Responsibility
Commercial truck drivers are required to undergo specialized training and obtain a commercial driver’s license (CDL). Because of the size and danger of semi-trucks, they are held to a higher safety standard than regular drivers.
However, when drivers fail to meet these standards, the consequences can be severe.
Common Examples of Truck Driver Negligence
Truck accidents frequently result from unsafe driving behaviors, including:
- Driving under the influence of drugs or alcohol
- Driver fatigue, including violations of FMCSA hours-of-service rules
- Operating a truck with a serious medical condition that impairs driving ability
- Distracted driving, such as using a phone, eating, or grooming
- Failing to perform required pre-trip inspections
- Aggressive driving, including speeding or following too closely
- Taking turns too quickly or losing control of the vehicle
- Failing to check or account for large blind spots
- Driving without the proper license or training
- Improperly handling vehicle systems, such as braking mechanisms
- Violating traffic laws or federal trucking regulations
Why Driver Negligence Is So Dangerous
Because commercial trucks are significantly larger and heavier than passenger vehicles, even a small mistake can lead to:
- Catastrophic injuries
- Multi-vehicle collisions
- Fatal accidents
This is why strict regulations are in place—and why violations can have serious consequences.
Holding Negligent Truck Drivers Accountable
When a truck driver’s negligence causes an accident, they—and potentially other responsible parties—should be held accountable for the harm caused.
Victims may be entitled to compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Other accident-related losses
Because drivers will not often simply admit to making an error, identifying driver negligence may often be complicated.
An experienced Philadelphia truck accident attorney has the knowledge and tools to investigate the driver’s actions to identify negligence to help victims recover.
Why Are Truck Accidents So Dangerous?
The main thing that causes truck accidents to be among the most severe motor vehicle accidents on the roadway is the truck’s size. Trucks can weigh up to 20 to 30 times more than a passenger car.
Large trucks are much taller and have a higher ground clearance. Some of the ways this impacts the driver’s ability to maneuver the truck are:
- Increased stopping distance: Loaded tractor-trailers take up to 40 percent more distance to stop on dry roads and under safe speeds. This distance increases with speed and on wet or icy roads.
- High center of gravity: The truck’s higher center of gravity makes it prone to rollovers when approaching corners at high speeds or during accident avoidance maneuvers.
- Wide turns: The length of the truck requires a lot of space to complete a turn. This poses a risk to others in adjacent travel and turn lanes.
- Blind spots: Trucks have significant blind spots on all four sides. Passenger cars that linger in these blind spots are at risk of getting struck because the driver cannot see them when he or she attempts to change lanes. Tow Trucks have similar blind spots.
- Underride: The high ground clearance of a tractor-trailer poses a risk of passenger cars slipping underneath it during an accident.
I’m not even out of the hospital yet, and I already have insurance representatives contacting me. What should I say?
Insurance companies are in the business to make money for themselves. One of the ways that they do this is by offering quick, lowball settlements to accident victims. The problem with this is that these low settlements rarely take into consideration the full picture of the medical treatments you will need in the future as well as the impact that the injuries will have on your life.
Another way insurance companies make money is to get the injured party to say something that could be construed as admitting fault, therefore nullifying or reducing any potential settlement.
If the truck driver’s or trucking company’s insurance carrier contacted you, speak to an attorney before accepting any settlement or making any statement.
Your attorney will communicate with these representatives for you and will also work to establish a value to your case that is based on medical expenses you are facing currently, as well as future injury-related expenses that you will likely incur in the future; property damage to your car from the accident; expenses that will be required for permanent disability; lost wages and loss of future income potential; and the profound emotional and psychological impacts that your injuries may have.
Can I Settle My Truck Accident Case Without an Attorney?
While truck accident victims can technically settle a legal claim without the use of an attorney, this is almost always a bad idea. Your attorney can provide you with a wealth of legal knowledge and experience in truck accident cases that will generally result in a much higher settlement than you can obtain on your own.
Additionally, your lawyer is aware of the court requirements for filing and the time limits involved and has access to other experts—including those with knowledge of medical conditions and accident reconstruction—that can greatly help your case.
You can bet that the truck driver and the company he or she is employed by will rely on their attorneys, as will the insurance carrier. Why wouldn’t you rely on an attorney to guide you through the process and fight on your behalf?
If I Hire an Attorney, Does That Mean My Case Will Go to Court?
No. Many personal injury cases are settled before they ever reach the courtroom. However, your attorney’s services are always provided with the expectation that the case will go to court, including the notion of facing off against high-powered corporate lawyers that trucking companies often hire.
Your attorney should also be comfortable with the notion of aggressively negotiating the best settlement possible on your behalf.
What Compensation Can I Recover Through a Truck Accident Lawsuit?
Pennsylvania law allows the recovery of both economic and non-economic expenses from liable parties in the event of a motor vehicle accident that results in injury. These expenses, also known as damages, include the following:
- Economic damages: Medical expenses, including ambulance transport, emergency department treatment, hospitalization, diagnostic tests, labs, surgery, physical therapy, and medication; the cost to repair and replace your vehicle; the cost of handicap accessible features added to your home in the event your injuries require them; the cost of mobility equipment, including wheelchairs, handicap modifications on your vehicle, and prosthetics; missed wages due to being too injured to work or being required to miss work for injury-related appointments; the loss of future earning capacity or business opportunities; other out-of-pocket expenses, such as the cost of renting a car while yours is being repaired, transport to and from medical appointments, or the cost of hiring someone to complete household services that you’re no longer able to do because of the severity of your injuries.
- Non-economic damages: Pain and suffering, embarrassment or humiliation, loss of the ability to enjoy the pleasures of life, and disfigurement
It is hard to pinpoint an exact dollar amount for non-economic damages.
The jury determines this amount based on your age at the time of injury, the severity and permanence of the injury, how the injury has impacted your ability to enjoy your life and the activities you participated in before the accident, the severity of disfigurement involved with the injury, and the amount of physical pain and emotional anguish you have experienced.
In addition to economic and non-economic damages, punitive damages, which are designed to punish the defendant for particularly egregious behavior, may also be awarded.
The truck driver who caused the accident was arrested for DUI and is facing jail time. Can I still file a personal injury claim?
Yes. DUI is a criminal charge that will be prosecuted in criminal court. A personal injury lawsuit is a civil claim completely separate from criminal charges.
A successful outcome in a civil case does not result in the defendant’s conviction but rather the award of damages to the plaintiff.
Personal injury lawsuits may be filed whether or not the driver is arrested, convicted, or acquitted of the criminal charge.
One thing to note is that a conviction in criminal court is a powerful piece of evidence that may be used to prove liability in personal injury proceedings.
My husband died in a truck accident. Am I able to receive compensation?
Yes. When someone is involved in a fatal truck accident that was caused by another person or entity’s negligence, Pennsylvania law allows for the recovery of damages on behalf of the deceased’s family through a wrongful death claim. A personal representative may file a claim on behalf of:
- The decedent’s spouse
- The decedent’s minor children
- The decedent’s adult children who were dependent on the decedent for financial and emotional support
- The decedent’s parents
If a personal representative does not file a wrongful death claim within six months from the date of the death, then the beneficiaries have the right to file a claim on their own behalf. The damages that may be awarded from a wrongful death lawsuit include:
- Funeral and burial expenses
- Loss of future income
- Pain and suffering
- Loss of consortium (this refers to the loss of physical contact and intimacy for the spouse due to the decedent’s death)
- Punitive damages, if applicable
For more information and guidance as to your legal options regarding a Philadelphia truck accident, contact our experienced truck accident attorneys online or by calling (215) 486-0608.
A legal settlement is usually reached when the parties are able to arrive at an agreement outside of court. There are several methods that can be used by an attorney to settle your truck accident case. These methods include:
