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Understanding the Complexities of Truck Accident Litigation

truck accident lawyers in pittsburgh

Unlike typical auto accident litigation, a lawsuit arising from truck accidents can be significantly more complicated, lengthy and expensive. This is due to a number of factors, ranging from the size and weight of these vehicles, the greater bodily harm that is often inflicted and the multiplicity of parties who may share in the fault.

A tractor-trailer can weigh 35,000 pounds when empty and as much as 80,000 pounds fully loaded. When these vehicles collide with passenger cars, it can result in catastrophic injuries for the occupants of the smaller vehicles. Traumatic brain injuries, spinal cord damage and severe burns are just a few of the potential consequences, leading to extensive medical treatment, rehabilitation and long-term care. The significant costs associated with these injuries naturally translate into higher claim amounts, making settlements more difficult to reach.

Truck accident cases can involve a web of potentially liable parties. These can include the truck driver, the driver’s employer, the owner of the truck (which might be a separate entity), the manufacturer of the truck or its parts, the company responsible for loading the cargo and any mechanics or repair shops that serviced the truck. Each party will have its own legal representation, creating a complex web of interests and legal claims and defenses. This necessitates a more involved investigation by multiple attorneys, which further drives up the cost of litigation.

Trucking companies carry significantly more insurance coverage than private auto insurers. While this might seem beneficial, it often leads to a more adversarial environment. Insurance companies are aware of the potentially high payouts in these cases and will aggressively fight claims, aiming to minimize their financial exposure. They might employ tactics like shifting blame to the injured party or other involved entities, further complicating the case. These other parties will have their own insurance providers and attorneys with their own interests to defend, adding another layer of complexity.

The trucking industry operates under a strict set of federal motor carrier safety regulations. These govern everything from driver qualifications and drug testing to hours of service, mandatory rest breaks, vehicle maintenance and weight limits. Drivers are also required to maintain detailed logs documenting their activities. A violation of any of these regulations can significantly impact the question of liability. 

Securing evidence is paramount in any accident case and even more so in truck accident litigation. Key pieces of evidence might include dash cam footage from surrounding vehicles, the truck's maintenance records and drivers’ logs detailing their activity before the accident. In addition, many modern commercial trucks are equipped with electronic control modules, often referred to as "black boxes." These devices record vital data about the truck's operation in the moments leading up to an accident, including speed, braking application, and engine performance, all of which can be instrumental in pinpointing the cause of the crash. Accident reconstruction experts might be needed to analyze the specifics of the data, further adding to the length and cost of litigation.

Effective handling of truck accident litigation requires experienced legal representation. Phil DiLucente & Associates, LLC in Pittsburgh advocates on behalf of western Pennsylvanians who have been injured in collisions with trucks and other commercial vehicles. To set up a free consultation, please call 1.800.GET.PHIL or contact us online.

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