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Damages can be impacted by vicarious liability after Fed-Ex truck accident in Pennsylvania.

Pennsylvania – December 27, 2021

A former employee of an independent company under contract with Fed-Ex was charged with vehicle homicide and related counts after the Fed-Ex delivery truck he was driving in June of 2020 crossed into oncoming traffic resulting in a head-on crash with a motorcycle leaving both riders with fatal injury.  According to law enforcement, as the driver negotiated a curve to the left, the truck’s tires went off the west side of the road into the asphalt and gravel shoulder, he then crossed the double yellow line and subsequently crashed into the couple on the motorcycle.

When catastrophic injuries result from multi-vehicle collisions with commercial trucks, experienced Pennsylvania accident attorneys can assist with building a case after reviewing the extent of damages caused by the distinct size differences between a tractor trailer and a motorcycle.  In the case of a multi-vehicle wreck, multiple attorneys will have to work with insurance companies and research case specifics to place a value on the loss occurred because of catastrophic injury, or wrongful death claims for each accident victim.

Vicarious liability.

Vicariously liability is the legal doctrine that assigns liability for an injury to a person who did not cause the injury, but who had a particular legal relationship to the negligent entity.  This may be a factor in this case as “operating with unsafe equipment” was cited in the arraignment proceedings.  Talk to a truck accident lawyer about the impacts of vicarious liability on a lawsuit.

Injury types.

Insurance companies recognize certain types of injuries in accident claims as catastrophic when they cause lasting damage to a person’s life, or are above a certain financial threshold. often limiting the ability: to work and secure wages, to assist with home and family, and to pay for measurable expenses related to medical treatment and renovations to living space to account for life changes. They often include injury to the spinal cord, the brain, the limbs, or internal organs.  Consult with a Pennsylvania truck accident attorney who understands industry laws pertaining to commercial carriers and independent contractors working for them.

Insurance matters. 

A truck accident attorney can explain Pennsylvania’s  “modified comparative negligence” rule, where an individual can still recover damages in a personal injury lawsuit, but the amount of compensation will be reduced by an amount that is equal to their percentage of fault.  An accident victim can only seek damages from the truck driver if they are less than 51 percent at fault. Full and limited tort are options that individuals can choose under their auto insurance policies in accordance with Pennsylvania motor vehicle financial responsibility laws. Personal injury legal action needs to be initiated within the two year statute of limitations in Pennsylvania.

Seek legal counsel.

Contact an experienced accident attorney for a consultation, as they can research specific case facts and interpret accident reports, and utilize state, and federal law to support a case’s best outcome toward the compensation of damages.  Scanlon & Wojton will fight for comprehensive damage awards for wrongful death claims, or catastrophic injury damages after a multi-vehicle crash.

Scanlon & Wojton, Attorneys at Law

The Mitchell Building
304 Ross Street, Suite 510
Pittsburgh, Pa 15219

 

Phone:  (412) 918-1241

Fax: (412) 235-7275

 

Sources.

https://www.lehighvalleylive.com/news/2020/06/man-wife-identified-as-pair-who-died-after-truck-crosses-into-path-of-motorcycle-authorities-say.html

https://www.pennlive.com/news/2021/12/ex-truck-driver-out-on-bond-for-fatal-dui-crash-in-pa-charged-in-another-crash-that-killed-husband-and-wife.html

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.085.053.000..HTM

https://www.dot.state.pa.us/Public/DVSPubsForms/BMV/BMV%20Forms/AA-600.pdf

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.055.024.000..HTM

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