West Chester Truck Accident Lawyer
Commercial truck accidents can be devastating and leave victims with lifelong injuries, overwhelming medical bills, and property damages. Some truck accidents are fatal, and families must face the loss of a loved one. If you suffered truck accident injuries or lost someone you love to a truck accident, call Wilk Law for a complimentary claim consultation.
The attorneys at Wilk Law help victims of truck accidents seek compensation and justice for their losses. Our truck accident attorneys are compassionate and understand the challenges presented by truck accidents and the injuries they cause.
Wilk Law offers truck accident victims:
- Personalized strategies for recovery;
- Referrals to specialized medical care and other injury services; and
- Prompt and honest legal advice.
Contact Wilk Law today at (855) 946-3678, or contact us online, to meet with one of our truck accident attorneys. We will gladly meet you in our office or another location where you are comfortable. There are no upfront fees for representation, and we only get paid when we collect compensation for you.
Why Choose Wilk Law for a Truck Accident Claim?
- At Wilk Law, we provide attorneys who are passionate about what they do, and we have no problem standing up to aggressive insurance carriers to ensure you are fairly compensated.
- We do not believe that a person’s wealth or intelligence should ever dictate their right to justice after sustaining an injury caused by someone else.
- We are dedicated to handling only personal injury cases on behalf of those who have been harmed by others, and we will stand by your side throughout the entirety of your case.
How Can a West Chester Truck Accident Attorney Help?
Commercial truck accidents are not simple cases to research, negotiate, or litigate. Pursuing a truck accident claim takes a great deal of legal knowledge, resources, and workforce. Wilk Law’s truck accident attorneys have the skills and experience needed to build, settle, and litigate a truck accident claim in court.
When you retain Wilk Law, our attorneys handle every aspect of your truck accident claim. This includes, but is not limited to:
- Handling all insurance company correspondence;
- Investigating and collecting evidence from your accident;
- Reviewing truck driver and company records like the truck’s black box, driver cell phone records, truck maintenance and safety records, driver logs, and company training records;
- Determining liability for the accident;
- Hiring expert witnesses in the accident and medical fields;
- Interviewing witnesses;
- Assessing your total medical and financial losses;
- Calculating an appropriate settlement amount for your current and future accident-related needs; and
- Settling your claim in negotiations or proceeding with a lawsuit.
Let the truck accident attorneys at Wilk Law build your truck accident claim so you can focus on healing. Contact our office to learn more about the truck accident claims process and have your questions answered by a professional.
What is a Commercial Truck?
A commercial truck is any truck with a gross vehicle weight greater than 10,000 pounds. A fully loaded commercial truck can weigh as much as 80,000 pounds. In contrast, the average weight of a passenger car is 3,000 pounds.
Common commercial trucks include:
- Construction vehicles;
- Tanker trucks;
- Garbage trucks;
- Flatbed trucks;
- Larger delivery trucks; and
- Box trucks.
Rules and Regulations Governing the Trucking Industry
Both the state and federal governments regulate the trucking industry. The federal agency that establishes commercial truck rules and regulations is the Federal Motor Carrier Safety Administration (FMCSA).
The FMCSA sets guidelines that include, but are not limited to:
- Driver breaks and overnights;
- Routine vehicle maintenance;
- Cargo loading and safety rules; and
- Driver training and standards.
When companies and drivers neglect to follow these rules, they place everyone on the road at risk of preventable accidents, injuries, and fatalities.
Causes of Commercial Truck Accidents in West Chester
Causes of truck accidents vary in the West Chester area. Trucking companies and drivers must maintain tight schedules to stay profitable. This pressures drivers to the point where they may neglect necessary stops for rest and maintenance.
Other reasons for truck accidents are:
- Driver fatigue;
- Distracted driving;
- Driving under the influence of drugs or alcohol;
- Failure to follow traffic signs and signals;
- Failure to check blind spots;
- Improper cargo loading;
- Overweight cargo;
- Inadequate truck maintenance;
- Defective trucks or truck parts; and
- Poor driver training.
Truck Accident Injuries
The size, weight, and cargo of a commercial truck significantly increase the risk of accident fatalities and severe injuries.
Truck accident injuries may include any of the following:
- Head injuries and traumatic brain injury (TBI);
- Neck and spinal cord injuries, including paralysis;
- Broken bones and fractures;
- Internal organ damage;
- Serious burns;
- Disfigurement and scarring; and
Liable Parties in a West Chester Truck Accident
Putting a commercial truck on the road takes the cooperation of many parties. While truck drivers and their companies are obvious choices for liability, other parties may play a part in a truck accident.
Liability for a truck accident may rest with one or more of the following:
- The driver;
- The trucking company;
- The truck owner;
- The trailer owner;
- The cargo loader;
- The maintenance provider;
- The truck manufacturer; and
- The truck parts manufacturer.
Any truck accident needs a thorough investigation to determine the at-fault parties. A skilled truck accident attorney will pursue accident claims against all liable parties and their insurance companies.
Truck Accident Compensation in West Chester, PA
When multiple parties are liable for a truck accident, they often blame the accident on one another to avoid responsibility and a large claim payout. Claim amounts for a truck accident depend on the type and severity of the victim’s injuries, the accident’s overall impact on the victim’s life, and the victim’s prognosis for recovery.
Generally, truck accident claim compensation is composed of:
- Current and future medical expenses;
- Lost wages;
- Loss of earning capacity;
- Accessibility modifications to a home or vehicle;
- Physical therapy;
- Pain and suffering;
- Mental and emotional trauma;
- Loss of consortium; and
- Wrongful death.
Additional types of damages may be available to truck accident victims. To receive damages for a truck accident in Pennsylvania, the victim must file their claim within two years of the accident.
Time Limit to File a West Chester Truck Accident Claim
The vast majority of commercial truck accidents in West Chester will be resolved through settlements with insurance carriers. However, it is important to understand that insurance carriers have a very strict reporting deadline for these claims. Failing to report a truck accident within a day or two after the incident occurs could result in the insurance carrier delaying or denying the claim altogether.
Additionally, the Pennsylvania personal injury statute of limitations is two years from the date an injury occurs. This means that a West Chester truck accident victim has a two-year window with which to file a lawsuit against the alleged and negligent truck driver or trucking company. Failing to do so within this time frame will result in the victim being unable to recover any compensation at all.
Steps to Take Following a Truck Accident in West Chester
There are various steps that truck accident victims can take to help ensure that they recover maximum compensation for their losses. Some of these steps begin immediately following a crash, while others take place in the days and weeks that follow the incident:
- Seek medical care. The number one priority after a truck accident is seeking medical care. The signs and symptoms of some truck accident injuries do not appear until hours or even days following an incident. Delaying medical care could result in the insurance carrier delaying or denying the claim. It is crucial to seek medical care immediately following a truck accident.
- Involve the police. Anytime an accident involving a commercial truck occurs, the police need to come to the scene and conduct an investigation. The accident report provided by the police is going to be needed by the insurance carriers involved in these cases. The police will conduct a preliminary investigation, and this could include determining who caused the crash.
- Gather evidence. If it is safe to do so at the scene of a truck crash in West Chester, those involved can begin gathering evidence. This can include using a phone to take photographs of vehicle damage, debris, skid marks, traffic and weather conditions, injuries, and more. The names and contact information of any eyewitnesses need to be written down so these individuals can be contacted later.
- Contact an attorney. It is crucial to work with a skilled West Chester truck accident lawyer as soon as possible. When an attorney gets involved early, they can handle every aspect of the claim on behalf of an injury victim. This will include gathering additional evidence, handling all communication with other parties, and vigorously negotiating to recover maximum compensation for their client.
Continue all medical care. It is important for a truck crash victim to continue all medical care until their doctor says they have reached maximum medical improvement. If a person discontinues their care before their doctor advises them to do so, this could be used as evidence by the insurance carriers involved that they did not sustain a severe injury and they do not need compensation.
Contact a West Chester Truck Accident Lawyer Today
If you would like to know the approximate value of your truck accident claim, consult an experienced attorney like ours at Wilk Law. Our truck accident attorneys will meet with you and go over your case’s facts at no cost.
Do not face your truck accident claim alone. The attorneys at Wilk Law can answer your most pressing legal questions and tailor a legal plan to fit your needs. Contact us in West Chester at (855) 946-3678, or contact us online.