Commercial trucks allow companies to transport products across Pennsylvania efficiently and cost-effectively. However, when truck drivers fail to exercise due care while driving, it can lead to catastrophic accidents that cause life-altering injuries. If you suffered injuries in a truck accident, it is critical to consult an attorney to discuss the compensation that you may be able to pursue in a civil lawsuit. The Scranton truck accident lawyers of Lenahan & Dempsey, P.C. can assist you in pursuing claims against the parties responsible for your harm, and we will work diligently to help you strive for the best outcome possible under the circumstances surrounding your accident.Regulations Pertaining to Commercial Trucks
Commercial truck drivers must abide by the Federal Motor Carrier Safety Administration Regulations, which aim to ensure that commercial truck drivers operate their trucks safely. For example, the FMCSA regulations require drivers to undergo additional training and obtain licensure not required for drivers of standard vehicles to make sure that they possess adequate skills to operate a truck. The FMCSA regulations also limit the amount of time that drivers can operate trucks per day and per week to prevent accidents caused by driver fatigue. They require drivers to conduct pre-trip and post-trip truck inspections to reduce the risk of accidents caused by a truck defect. The FMCSA regulations also prohibit drivers from operating overweight trucks, due in part to the risk of rollover accidents. The truck accident attorneys at our Scranton firm are familiar with these and other regulations.
In addition to the FMCSA regulations, truck drivers are required to abide by the laws imposed on all Pennsylvania motorists, such as complying with posted speed limits and refraining from driving while intoxicated. If a truck driver fails to comply with the duties imposed by applicable laws and regulations, it can lead to a devastating accident.Liability for a Truck Accident
Since truck accidents typically arise out of the careless operation of a truck, many lawsuits seeking damages for harm caused by a truck accident assert a negligence claim against the truck driver. Under Pennsylvania law, a plaintiff alleging harm caused by negligence must prove each element of negligence to recover damages. Specifically, the plaintiff must show a duty owed by the defendant, a breach of the duty, and measurable harm caused by the breach. Although the breach does not need to be the sole cause of the plaintiff’s harm for the plaintiff to prove liability, it must be a substantial factor in bringing about the harm. If the truck driver violated the FMCSA regulations, the plaintiff and a Scranton truck accident attorney can introduce evidence of the violation in support of the argument that the driver acted negligently.
Usually, truck drivers do not own the trucks that they drive but instead drive them as employees of trucking companies. As a result, in many truck accident cases, the plaintiff may be able to pursue claims not only against the truck driver but also against the driver’s employer. Specifically, if the accident occurred while the truck driver was in the course and scope of his or her employment, the driver’s employer may be vicariously liable for the driver’s negligence. Additionally, if the employer knew or should have known that the driver posed a risk of harm to others, the employer may be held directly liable for any harm caused by the driver.Meet with a Trusted Personal Injury Attorney
At Lenahan & Dempsey, P.C., our personal injury lawyers are adept at navigating the complexities of lawsuits arising out of truck accidents, and we can set forth compelling arguments in support of a claim for damages. We represent people in truck accident lawsuits in Scranton and other cities throughout Lackawanna, Luzerne, Monroe, Lycoming, Columbia, and Montour Counties, and we have offices in Scranton, New Berwick, Tunkhannock, and the Poconos Mountains region. We can be reached at 888-536-2426 or through our form online to set up a confidential and free meeting with a truck accident lawyer in the Scranton area to discuss your case.