Accidents between small passenger cars and massive commercial trucks are some of the most catastrophic, resulting in debilitating and sometimes fatal injuries to victims.
One of the most common areas for truck accidents in Lancaster is Route 10, a popular route for commercial truck drivers transporting goods through the area. If injured on Route 10 or elsewhere in Lancaster, immediately call 911 so you can report the accident to law enforcement. Then, our lawyers can take the appropriate steps to prepare your claim and file it before the statute of limitations runs out, like preserving evidence and interviewing witnesses. We can take your case to court to help you recover all losses from the accident, both economic and non-economic, so that you can move forward from this traumatic experience with the compensation you need.
For a free and confidential case assessment from our truck accident lawyers, call The Reiff Law Firm at (215) 709-6940.
Why Truck Accidents Happen on Route 10 in Lancaster, PA
Pennsylvania roads are frequently the site of accidents between motorists and other drivers. Out of all the accident types on the road, some of the most difficult to see and hear are those involving tractor-trailers and other large vehicles. These accidents often occur on popular highways, like Route 10 in Lancaster, which runs for nearly 45 miles through southeastern Pennsylvania. Serving Chester, Lancaster, and Berks counties, this road is mostly comprised of a two-lane highway which means drivers will be sharing the road with trucks and other motorists coming towards them.
At any time of the day along Route 10, you might see large trucks transporting goods throughout Pennsylvania and the surrounding states. Truck drivers sharing the road with smaller passenger cars must uphold their duty of care and carefully check blind spots, especially when merging on and off highways and into other lanes. The bigger the vehicle is, the bigger its blind spot and many truck accidents happen because drivers fail to check blind spots for smaller cars.
Highways like Route 10 have higher speed limits than residential roads, increasing the risk of accidents due to speeding and reckless driving. Because of their weight and size, trucks often require more space to slow down and might run into passenger cars in front of them if they follow too closely and operate over the speed limit.
Truck accidents on highways like Route 10 might happen more often at night, when drivers might be tired from driving long hours, increasing the risk of collisions due to drowsy driving or falling asleep behind the wheel.
What to Do Right After a Truck Driver Hits You in Lancaster
After you get to a safe area away from the road, you should immediately call the police. Accident reporting is paramount, as it helps victims document scenes and preserve evidence.
When you call 911, tell the operator if you are injured and need attention from paramedics at the scene. While you wait for law enforcement, keep your conversations with the at-fault driver minimal, though you can ask for their insurance information. If they are giving you a hard time, wait for the police to obtain their details.
When officers arrive, give them an accurate account of what happened to the best of your ability. If you are in shock or too badly hurt to talk to law enforcement, go to the hospital with paramedics, and officers can contact you if they need additional information to complete their report.
Officers can help you take pictures of the property damage to your vehicle, your injuries, and any debris on the road, which will aid accident reconstruction experts when piecing together what happened.
Go directly from the accident location to the hospital. Emergency rooms have the equipment, medical professionals, and resources necessary to treat traumatic injuries, which are common in truck accidents.
Conducting Eyewitness Interviews After Lancaster Truck Accidents
Anyone who witnessed your recent accident might offer useful statements or testimony during your case. To confirm this, our lawyers can promptly interview eyewitnesses soon after a collision.
Victims who are physically able to talk to witnesses after accidents can ask for their names and contact information and then give those details to our lawyers. It is not uncommon for victims not to notice eyewitnesses or have the time to talk to them. In these situations, our truck accident lawyers can read the corresponding accident report from law enforcement, as police officers might talk to witnesses who remain on the scene. The sooner we schedule interviews, the better, as we want to avoid any chance of witnesses forgetting what they saw.
How Long Do You Have to File a Truck Accident Lawsuit in Lancaster County?
If you have been injured in an accident involving a truck or other large vehicle, it is important that you file your claim quickly, or you may be denied compensation for your various damages.
According to 42 Pa.C.S. § 5524(2), Pennsylvania gives auto accident victims two years to prepare and file lawsuits in court. There are several reasons why the court may toll the statute of limitations, giving victims more time to sue, but these exceptions rarely apply to truck accident lawsuits, and victims should confer with our lawyers before assuming they have extra time on the clock.
Victims might face various roadblocks to filing on time, namely issues preserving evidence. The time after a collision is the most important for evidence preservation, and our lawyers can prioritize interviewing eyewitnesses and reconstructing the accident with experts so that you do not have to wait to file your claim or get compensatory damages.
Attempts to file lawsuits outside the statute of limitations are often futile, even if there is glaring evidence of a truck driver or trucking company being negligent. If it has been several months since your accident, you still have time to file your case and should not hesitate to start the preparation process with our attorneys.
The two-year limitation restricts how long victims have to file lawsuits, not how long those cases must take to complete in Lancaster. Settlement negotiations for truck accidents might drag on for a long time, especially if trucking companies refuse to pay fair settlements to victims. That is why our lawyers often take claims to court, where we can present our evidence to juries, who can decide liability and damages.
Identifying Who is Liable for Truck Accidents and Injuries in Lancaster
Multiple parties may share fault for your truck accident injuries, whether because of their direct involvement or because they employ the liable driver. Our lawyers can identify these individuals or companies and hold them accountable in a lawsuit.
For many victims, the most obvious person to hold responsible is the truck driver whose negligent act caused an accident. For example, if you were hit by a truck driver who was speeding, they would be responsible. However, they might not be the only one who shares financial liability for your injuries and losses, like medical expenses, missed wages, and intangible damages.
Vicarious liability allows us to include employers in compensation claims since they are responsible for their employees’ actions while working. A commercial truck driver’s job is to operate a vehicle and transport goods from one location to another, meaning, if a truck driver hits you, they are most likely on the clock.
If the accident happened because of a vehicle issue, like the brakes failing, the driver might not be liable at all, provided the trucking company was responsible for inspecting and maintaining the vehicle. The trucking company, the part manufacturer, or both may be liable for your losses in these situations.
Compensation Available After a Truck Accident in Lancaster
If you have been injured in a truck accident, then you know all too well the number of bills and expenses you have been forced to take on because of the collision. However, you may not be aware of all the damages you may be entitled to, such as compensation for lost wages and emotional distress.
Current and Future Medical Damages
Depending on the type of accident and the harm and injuries you have suffered, you may be entitled to compensation for medical bills for treatment related to your injuries, which can be some of the most expensive bills connected to a truck accident. Compensable damages include any medical costs associated with the accident, such as diagnostic tests, emergency room visits, surgeries, and follow-up appointments.
Unfortunately, many accidents involving a truck or other large vehicle result in permanent disabilities. Victims may need years-long physical therapy to regain mobility in affected areas, especially after suffering spinal cord injuries or severe fractures. If medical experts agree that you will need additional treatment after your lawsuit ends, our truck accident lawyers can use their statements to argue for compensation for future medical expenses.
Past and Future Lost Wages
If you are injured in an accident and cannot work, you may be entitled to compensation for the income you miss out on. Alternatively, suppose you were injured in an accident and cannot operate at the same earning capacity. In that case, you may be entitled to compensation for the difference in earning capacity since your inability to earn your previous income is due to the truck driver’s negligence.
Estimating lost wages typically requires our truck accident lawyers to review paystubs, tax returns, and other information that can confirm a victim’s previous income. We may also need medical experts to testify in court and explain why victims cannot return to their previous level of employment because of their injuries due to negligence.
Pain and Suffering
Not only can a truck accident result in harmful physical injuries and property damage, but it can also leave severe emotional scars as well. Victims with the limited right-to-sue option for personal injury protection insurance, which is the most common option in Pennsylvania because of its affordability, may only file claims for pain and suffering after sustaining serious injuries in an accident. According to 75 Pa.C.S. § 1702, a serious injury is one that causes death, serious impairment of a body function, or permanent serious disfigurement. If you have the unlimited right-to-sue option, you can file a lawsuit for non-economic damages, no matter how serious your injuries are.
Examples of injuries that commonly pass the serious injury threshold include disfiguring burn injuries, limb loss, traumatic brain injuries, paralyzing spinal cord injuries, and severe internal organ damage.
When assigning a monetary value to your pain and suffering, our lawyers may consider multiple factors, including your age at the time of injury, whether your injuries are permanent, the extensive medical treatment you need, and input from mental health professionals who may also testify in court if your case goes to trial.
Property Damage
Even if no injuries are sustained in an accident, the victim’s car will likely suffer significant property damage. This is because of the sheer size differential between a truck and a car. Large semi trucks might cause catastrophic damage during typically minor accidents, like rear-enders, potentially throwing victims from their vehicles and causing them life-altering injuries.
Getting and Using Medical Records for Your Truck Accident Compensation Claim in Lancaster
Countless medical records might build up throughout your recovery from truck accident injuries, and our lawyers can keep that information organized so we can offer a clear timeline of your injuries and medical expenses.
We may have to get medical records from multiple sources, such as the emergency room you went to for treatment immediately after the crash and any specialists you have seen since. We may not only use these resulting medical records to show you pass the serious injury threshold but to prove that the negligent driver injured you during the crash, making them, and possibly their employer, liable.
If you need ongoing medical care throughout your compensation claim, do not pause it. This could negatively affect your case, leading to insufficient proof of damages. Appealing uncommitted to your physical recovery by letting gaps form in your medical records could undermine compensation requests for lost wages and non-economic damages as well.
Collecting Punitive Damages if Gross Negligence Caused Your Truck Accident in Lancaster
Unlike economic and non-economic damages, which are meant to compensate victims for their losses and make them whole again after accidents, punitive damages punish defendants for their gross negligence.
In Pennsylvania, gross negligence goes beyond ordinary negligence and is characterized by malicious motives or reckless disregard for the safety of others. Trucking companies that force drivers to work overtime and ignore federal limits on driving commercial vehicles without rest may be made to pay punitive damages to a victim injured by their recklessness.
Victims may only get punitive damages if they go to court, as juries award these damages to punish defendants, meaning they are unavailable in settlements for truck accidents in Lancaster. When initially reviewing your case, our lawyers can explain whether or not we believe getting punitive damages is possible and proceed accordingly.
Call Our Lawyers for Help with Your Compensation Claim in Lancaster Today
Call The Reiff Law Firm at (215) 709-6940 to discuss your case for free with our truck accident lawyers.
