Commercial trucks are essential for moving products efficiently across Pennsylvania. While they support our economy, their size and weight make accidents catastrophic, often resulting in life-altering injuries for those in smaller vehicles. If you have been injured in a truck accident in Chester County, you may be entitled to compensation through a civil lawsuit.
Filing a truck accident claim, however, is far more complex than a typical car accident case. It involves navigating a web of state and federal regulations, dealing with large corporations and their aggressive insurance companies, and meeting strict legal deadlines. Understanding the process is the first step toward protecting your rights and securing the compensation you deserve. Lenahan & Dempsey will walk you through what to expect when filing a truck accident claim in Chester County.
Immediate Steps to Take After a Truck Accident
What you do in the moments, days, and weeks following a truck accident can significantly impact the outcome of your claim. Taking the right steps can help preserve crucial evidence and strengthen your case.
1. Call the Police and File a Report
Your first priority after ensuring everyone is safe is to call 911. In Pennsylvania, you are required to report any accident that results in injury or significant property damage. A police report is an official document that serves as critical evidence. It will contain important details about the accident, including the date, time, location, parties involved, and the officer’s initial observations.
2. Document the Scene and Collect Evidence
If you are physically able, gather as much evidence as you can at the scene. Use your smartphone to take photos and videos of the vehicles involved, your injuries, road conditions, and any relevant traffic signs.Â
It is also helpful to get the names and contact information of any witnesses. Their statements can provide an objective account of what happened. Do not rely on law enforcement to collect all the necessary evidence for your civil claim.
3. Seek Medical Attention
Seek medical attention immediately, even if you feel fine. Some serious injuries, like internal bleeding or concussions, may not have immediate symptoms. A medical record creates an official link between the accident and your injuries, which is essential for proving damages. Follow your doctor’s treatment plan and attend all follow-up appointments.
4. Contact a Truck Accident Lawyer
Trucking companies and their insurers often dispatch investigators to the scene of an accident within hours. Their goal is to gather evidence that minimizes their liability. To level the playing field, you should contact a Chester County truck accident lawyer as soon as possible.Â
An experienced attorney can begin their own investigation, preserve critical evidence like the truck’s black box data, and handle all communications with the insurance companies on your behalf. Avoid giving any recorded statements to insurance adjusters before speaking with your lawyer.
Understanding the Claims Process
Filing a truck accident claim is a multi-step process that can be lengthy and challenging. Knowing what to expect can help you prepare for the road ahead.
Investigation and Evidence Collection
A thorough investigation is the foundation of a strong truck accident claim. Your lawyer will gather and analyze evidence to establish fault. This often includes:
- The official police report
- The truck’s electronic logging device (ELD) or “black box” data
- The driver’s hours of service records
- The trucking company’s hiring and training records
- Vehicle maintenance and inspection logs
- Your medical records and bills
Truck accident cases often involve multiple liable parties, including the driver, the trucking company, the vehicle manufacturer, or a maintenance provider. An experienced attorney will identify all potentially responsible parties to maximize your chances of a fair recovery.
Negotiation with Insurance Companies
Once we have enough evidence to build a case, your lawyer from Lenahan & Dempsey will send a demand letter to the at-fault party’s insurance company. This letter outlines your case and details the damages you are seeking.Â
Most personal injury claims are resolved through negotiations. However, insurance companies for large trucking corporations are known for offering low settlements. Your lawyer will handle these negotiations to fight for the full compensation you deserve.
Filing a Lawsuit
If a fair settlement cannot be reached through negotiation, your attorney may recommend filing a lawsuit. This initiates the formal litigation process, which can involve discovery, depositions, and eventually a trial. While many cases still settle before reaching a courtroom, having a lawyer who is prepared to take your case to trial is a powerful advantage.
Damages You Can Recover
Victims of truck accidents can suffer devastating physical, emotional, and financial losses. A successful claim can help you recover compensation for these damages.
- Medical Expenses: This includes all past and future medical costs related to the accident, such as hospital stays, surgeries, medication, physical therapy, and assistive devices.
- Lost Wages: If your injuries prevent you from working, you can claim compensation for lost income and diminished future earning capacity.
- Pain and Suffering: This covers the non-economic impact of the accident, including physical pain, emotional distress, and loss of enjoyment of life.
Why You Need a Truck Accident Lawyer
Navigating the aftermath of a truck accident is not something you should do alone. Our skilled truck accident lawyers in Chester County can provide invaluable assistance.
Navigating Complex Regulations
Trucking is a highly regulated industry governed by both federal and state laws. Our experienced lawyers understand these complex regulations and know how to identify violations that may have contributed to the accident, such as a driver exceeding their legal hours of service.
Maximizing Your Compensation
Insurance companies have teams of lawyers dedicated to minimizing payouts. A personal injury lawyer will fight to ensure you receive fair compensation for all of your damages. They will accurately calculate the full extent of your losses and negotiate aggressively on your behalf.
Meeting the Statute of Limitations
In Pennsylvania, you generally have two years from the date of the accident to file a personal injury lawsuit. This is known as the statute of limitations. If you miss this deadline, you will lose your right to pursue a claim forever. A lawyer will ensure all legal deadlines are met.
Take the Next Step Today With Lenahan & Dempsey, P.C.
If you or a loved one has been injured in a truck accident, it is critical to consult an attorney to protect your rights. The Scranton truck accident lawyers at Lenahan & Dempsey, P.C. know how to navigate the complexities of lawsuits arising from truck accidents. We will work diligently to help you pursue the best possible outcome.
We represent people in truck accident lawsuits in Scranton, Chester County, and other cities throughout Lackawanna, Luzerne, and Monroe counties. We have offices conveniently located in Scranton, Berwick, Tunkhannock, and the Pocono Mountains region. Contact us at 570.356.0497 or through our online form to schedule a free, confidential consultation with a truck accident lawyer to discuss your case.
