Pennsylvania – February 11, 2021

Maryland State Police reported a fatal crash in Washington County near Hagerstown along eastbound Interstate 70 near I-81, where a Mack Truck Tractor pulling two trailers began to swerve back and forth along the highway, struck a guardrail and overturned causing the driver to be fatally injured at the scene.   Wrongful death losses can have devastating emotional and financial impacts on surviving loved ones.  It is important to determine the cause of a truck driver’s death in a Pennsylvania big rig accident as it is significant to the determination of damage allocation to the survivors.  Victims of  harmful losses should speak to a truck accident attorney who can guide their actions toward damage recovery.

Trucking company responsibility.

Trucking companies are still liable for their actions, despite work relationships with independent contractors.  If an accident occurs during the course of employment, meaning that if a driver was on a route determined by the hiring company and acting within the scope of their employment when an accident occurred, the company may share some liability. Every case is specific and lawyers will need to build a case for negligence based on the evidence provided.  When a company is not found to be liable, then a driver’s loved ones may have to turn to the driver’s policy for insurance compensation for the harmful loss of life.  A truck accident attorney can be instrumental in claims processing with the insurer.

Commercial driver restrictions.

Restrictions are enforced on drivers of commercial vehicles and large trucks to reduce dangers already posed by the size, weight, height, type of cargo load and braking distances of a commercial truck. When commercial trucking accidents occur, truck accident attorneys can navigate any necessary action toward compensation for damages. Federal and Pennsylvania State impose mandatory regulations for truck drivers, and if a trucking company is pushing driver actions to violate those regulations, they may be found at fault, along with other negligent acts to include providing a truck that has a poor maintenance history, or is not properly loaded by persons other than the driver.  Mileage logs, bills of lading, and cargo shipment reports will be useful documents to support company imposed infractions that may pose dangers to a truck driver.

Insurance.

An 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. The state also has a “no-fault” component where victims can access payment from their own insurance companies to cover certain expenses related to the accident.  An experienced accident attorney  can answer most victim’s questions on the necessity of legal action toward financial recovery.

Hire legal counsel.

Experienced truck accident attorneys can build strong cases with supporting evidence, and objectively speak on a victim’s behalf in court, or with an insurance company’s legal team to yield a positive result.  Call an accident attorney in the Pittsburgh area to assist with the determination of  “fault” and move forward with a wrongful death action after the loss of a loved one.  An experienced accident lawyer at Scanlon & Wojton will fight for accident victim’s rights.

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.wfmd.com/2021/02/11/pa-truck-driver-killed-in-crash-near-hagerstown/

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

https://www.truckinfo.net/trucking/stats.htm

https://www.fmcsa.dot.gov/regulations/title49/b/5/3/list

https://www.dot.state.pa.us/public/PubsForms/Publications/PUB%20194.pdf

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