The Importance of Having a Truck Accident Lawyer in Lancaster for Complex Liability Issues
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Truck accidents are among the most devastating types of motor vehicle collisions due to the size and weight of commercial trucks. When these accidents occur, the injuries are often severe, and the process of recovering compensation can be highly complex. One of the most challenging aspects of truck accidents is the determination of liability. Unlike car accidents, which generally involve one driver, truck accidents often include multiple parties, complicating the process of figuring out who is responsible for the crash.
If you’ve been injured in a truck accident in Lancaster, Pennsylvania, you need a skilled truck accident lawyer who can navigate the complexities of liability and ensure you are fairly compensated for your injuries and losses. Metzger Wickersham (MWKE) has extensive experience in handling complex truck accident cases and can help you every step of the way. In this blog post, we’ll discuss how a truck accident lawyer in Lancaster handles the intricacies of liability issues, particularly in multi-party truck crashes.
1. The Complex Nature of Truck Accident Liability
In a typical car accident, liability is often straightforward: the at-fault driver is held responsible for the damages. However, in truck accident cases, determining responsibility can be much more complicated due to the multiple parties involved. There may be various contributing factors and entities responsible for the crash. Here are some of the parties that could be held liable in a truck accident:- The Truck Driver: If the driver was negligent—such as being distracted, speeding, or driving under the influence—they could be held liable for the accident.
- The Trucking Company: The company that owns the truck may share liability if the accident was caused by poor maintenance, improper training, or failure to adhere to regulations regarding hours of service (how long a driver can legally operate a vehicle without rest).
- The Truck Manufacturer: If a mechanical failure, such as faulty brakes or a defective tire, caused the accident, the manufacturer of the truck or its parts may be liable.
- Cargo Loaders: If the truck was improperly loaded, causing the truck to become unbalanced or unstable, the company responsible for loading the truck could be at fault.
2. How a Truck Accident Lawyer Investigates Liability
One of the most important roles of a truck accident lawyer is conducting a thorough investigation into the crash. Investigating a truck accident requires an experienced knowledge of both trucking regulations and the technology behind commercial vehicles. A lawyer from Metzger Wickersham will take the following steps to gather evidence and determine liability:- Reviewing the Police Report: The first step in any accident investigation is reviewing the police report. It can provide initial insights into the crash, including the condition of the truck, any citations issued to the driver, and any potential criminal violations.
- Examining Driver Logs: Truck drivers are required to maintain a log of their driving hours. These logs are vital in determining if the driver was fatigued or violated hours of service regulations, which could be a major factor in the accident.
- Inspecting the Truck and Its Equipment: A skilled truck accident lawyer will ensure that the truck is inspected by experts to determine if mechanical failure played a role in the crash. This includes examining the brakes, tires, lights, and other critical components.
- Interviewing Witnesses and Gathering Surveillance Footage: If there are any witnesses to the accident, their testimony can help build a stronger case. Additionally, cameras along the roadway or from nearby businesses may have captured important footage that can help establish fault.
- Consulting Experts: In cases involving complex liability issues, lawyers often work with accident reconstruction experts, engineers, and trucking safety experts. These professionals can help recreate the accident scene and provide valuable insights into the factors that contributed to the crash.
3. The Role of Comparative Negligence in Truck Accident Cases
In some truck accident cases, multiple parties may share responsibility for the accident. Pennsylvania follows a comparative negligence rule, meaning that each party’s level of fault will be considered when determining damages. For example, if the truck driver is found to be 60% at fault and the trucking company 40% at fault, the driver will be responsible for 60% of the damages, and the company will be responsible for 40%. This rule is especially important in multi-party truck accidents, where different factors may contribute to the crash. A truck accident lawyer will work to ensure that you receive the maximum compensation possible based on the percentage of fault assigned to each party involved.4. Negotiating with Multiple Insurance Companies
One of the most challenging aspects of multi-party truck accidents is dealing with the numerous insurance companies involved. Each party may have its own insurance policy, and each insurance company may try to minimize their payout to you. A truck accident lawyer in Lancaster will handle all communications with the insurance companies, ensuring that your rights are protected throughout the process.- Trucking Company Insurance: The trucking company’s insurance policy may cover the driver’s negligence, but the company may try to shift blame to the driver or another party to reduce its liability.
- Truck Manufacturer Insurance: If a defect or mechanical failure caused the accident, the manufacturer’s insurance policy may come into play. Your lawyer will investigate to determine if a product defect was responsible for the crash.
- Other Drivers’ Insurance: If multiple vehicles were involved in the accident, the other drivers’ insurance companies may also be involved in the negotiations.