Pennsylvania – January 22, 2022
Trucking companies tend to pay based on mileage, but drivers are only allowed to drive for 11 hours each day and some big rig drivers think that the widely used electronic device records are too restrictive. Converse to the purpose of keeping drivers and other roadway commuters safe, hourly limits can put truck drivers in harms’ way when they are stranded from home with just a short amount of time to arrive, or if they are forced to stop in high-crime areas to rest. The Department of Transportation ditched the use of paper logs written by truckers and mandated electronic logging devices (E-logs) that track when drivers should drive and take time to break. While most drivers favor hours-of-service regulations, they believe that E-logs may cause danger to drivers when they are stranded fairly close to home, or a safe truck stop. Hours-of-service violations lead to fines and may cause problems with a trucker’s license. Some truck companies deliberately buy older modeled trucks manufactured in 2000 or before to avoid E-logs. A truck accident attorney can explain when hours-of-services have an impact on a claim for damages or wrongful death action in Pennsylvania.
Harms caused by violations.
Hours-of-service violations are a common reason for fatigued driving, and slow reaction times that can lead to catastrophic injuries for other roadway drivers. Some truckers admit that before e-logs came into play they would go over the approved 11-hour driving time to a destination, usually adding an hour or so, but in their opinion, not enough additional time on the road to reach a dangerous level.
Individuals and family members who have suffered harmful loss after a truck accident near Pittsburgh should speak with an experienced truck accident lawyer who can assist with damage compensation and timely access to insurance funds to pay for funeral and burial services in fatal accidents. The State of Pennsylvania uses both a “no-fault” system and a 3rd party liability system. Under Pennsylvania’s no-fault system, after a motor vehicle accident, a driver may turn to his or her own insurance company for compensation for injuries up to the personal injury protection, or “PIP” limit regardless of fault. Drivers also have the right to circumvent Pennsylvania’s no-fault law and proceed directly against the at-fault driver under certain circumstances that result in serious injury. Accident attorneys can review insurance policies to ascertain access to an accidental death benefit that could cover the immediate costs related to funeral and burial expenses for a family. Federal regulations require tractor-trailer trucks to carry various levels of insurance coverage, based on the transported cargo. The state of Pennsylvania requires a tractor trailer truck to carry a much higher minimum liability insurance policy than a typical automobile. The coverage amount needed depends on what freight is being hauled and where it is going. Pennsylvania utilizes the 51% rule, and accident parties can be 50% responsible for an accident and still collect damages in a personal injury claim. A truck accident attorney will review the case and identify parties who may be negligent for catastrophic loss caused in an accident with a tanker which may include a driver, maintenance personnel, cargo loaders, or trucking companies.
Compensation for any loss sustained as a result of a tractor trailer accident, due to partial, or full negligence of another party, is in a victim’s reach and will assist in the payment of any significant medical expenses, loss of wages, funeral expenses, and wrongful death claims.
Seek legal counsel.
If you have been injured or lost a loved one in a truck accident in the Pittsburgh area, it is important to contact an experienced personal injury attorney at the Law Offices of Scanlon & Wojton for assistance with a damage claim.
Scanlon & Wojton, Attorneys at Law
The Mitchell Building
304 Ross Street, Suite 510
Pittsburgh, Pa 15219
Phone: (412) 918-1241
Fax: (412) 235-7275
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