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Being involved in a truck accident can put you and your loved ones in a state of hopelessness and despair. Recovering from a devastating crash can prevent you from returning to work and provide for your family, all while medical bills keep piling up. However, you do not have to go through this situation on your own.
For over 25 years, the experienced, skilled, and knowledgeable truck accident attorneys at the Law Office of Robert E. Mielnicki have been helping truck accident injury victims get the compensation they deserve for their losses. Do not give up hope before talking to our compassionate and attentive lawyers. To learn more about your case in a free, confidential consultation, call our law offices today at 412-288-0300.
What to Do After Being Involved in a Truck Accident in Pittsburgh, PA
During an accident, the sheer power of large trucks can leave behind nothing but devastation. After a truck accident, you may feel lost and overwhelmed. We strongly recommend that you contact an experienced truck accident lawyer who understands how to hold the liable parties accountable for all your losses.
For more than 25 years, Pittsburgh Truck Accident Attorney Robert E. Mielnicki has represented countless truck accidents victims and their families. We understand the difficulties that stem from accidents involving commercial trucks, trailers, 18-wheelers, and other large trucks. That is why we can help you recover the compensation you deserve for your losses. To learn more about your potential claim in a free, confidential consultation, call our law offices at 412-288-0300 today.
Leading Causes of Truck Accidents in Pennsylvania
Truck accidents can happen for many different reasons. However, like other vehicular accidents, truck crashes occur due to driver error. Some of the most common driver errors that can lead to devastating truck accidents include:
Distracted driving has become a significant concern when it comes to vehicular accidents. This is especially true for truck drivers who may get distracted by things inside or outside their truck. Typical examples of internal and external distractions include GPS, smartphone, tablets, billboards, and many other distractions on the road.
Many times, truck drivers have to travel for extended periods to meet their employer’s delivery deadlines. Despite laws limiting the number of hours a truck driver can safely drive behind the wheel, many disregard the statute and drive over the permitted driving limit. This can cause a driver to feel tired and sleepy while driving. A careful investigation can reveal whether a truck driver was on the road for too long a period of time.
Drunk driving is another cause of truck accidents. Usually, trucking companies perform background checks as part of their hiring process to prevent people with a history of alcohol abuse from operating their vehicles. However, not every trucking company follows this rule which can lead to a potential crash caused by a drunk driver. Unfortunately, most of these accidents can lead to devastating consequences.
Trucking companies must make sure every truck can take on the road. This means every truck must undergo regular check-ups to make sure they are safe for driving. Lack of proper maintenance can lead to preventable accidents caused by things such as broken breaks, tire blowouts, faulty transmissions, and other mechanical issues.
Who is Liable for My Losses After a Truck Accident?
Every truck accident case is different and should be analyzed according to its specific circumstances. Depending on the nature of your accident, you may be able to file a claim against one or more liable parties. There are certain circumstances where you can file a claim against the truck driver, their employer or the truck manufacturer.
Suing the Truck Driver
Every truck driver has to operate their vehicles safely. Additionally, they must follow through with state laws and regulations regarding truck driving. However, not every driver behaves according to law putting themselves and others at risk of suffering a devastating accident. If the negligent actions of a truck driver caused you harm, you can obtain compensation for your losses by filing a lawsuit against them.
Filing a Claim Against the Trucking Company
You may be able to file a claim against the trucking company if their negligence led to your injuries. For instance, if the trucking company failed to provide proper maintenance to their trucks, they can be liable for any injuries and property damage caused by their vehicles. Keep in mind that, many times, these companies will try to avoid going to court by making you an offer and settle the case. No matter how tempted you may feel after your truck accident, we recommend you not to take any offer made by the trucking companies and their insurance. Many times you can obtain better compensation for your losses by taking your case to court.
Filing a Lawsuit Against the Truck Manufacturer
You may be able to file a product liability claim against the truck’s manufacturer for any damage their vehicle may have caused. This type of claim arises in cases where an error in a product’s design or manufacturing process, harms an unsuspected user. If you or a loved one was injured by a defective truck, you can file a lawsuit against the manufacturer for your losses.
Most of these cases are based on negligence. This means the negligent actions or omissions of the defendant caused your injuries. In such situations, you, as a plaintiff, have the burden to show the defendant’s negligence lead to your losses. You will need to prove the following elements in court:
- The defendant owed you a duty of care
- The defendant breached their duty of care
- The breach of duty caused you harm
- You suffered damages
In product liability cases, the courts will look at two specific standards: consumer expectation standard and risk-utility standard. Through these two legal precepts, the court will analyze whether the product was more dangerous than expected by the consumer and whether the consumer could have taken precautionary methods to avoid any danger. Our knowledgeable and experienced lawyers can help you decide the best course of action following your truck accident.
Pittsburgh, Pennsylvania Truck Accident Lawyers Offering Free Consultations
Experiencing a truck accident can be incredibly overwhelming. The physical and emotional scars can take a long time to heal. These moments can be difficult not only for the victims but also their family and loved ones. At the Law Office of Robert E. Mielnicki, we understand how difficult it can be to get back on your feet following a devastating accident. That is why we dedicate ourselves to aggressively pursuing the compensation you deserve for your injuries. To learn more about your case in a free, confidential consultation, call our law offices today at 412-288-0300.