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Frederick J. Brynn, P.C.

Truck Accident Lawyer

While any accident is at least somewhat traumatic, a collision with a big commercial truck or semi is devastating, especially if you are only driving a compact sedan or another small economy vehicle. These types of accidents often occur and often take the life of pedestrians or motorists. Though you are lucky to be alive, you may need considerable medical intervention to return to your life and day-to-day routine. However, the financial strain caused by the accident and your injury may make such a return unlikely. Therefore, how do you seek restitution? Who is ultimately responsible?

Driver’s Education and Certification

Some people may blame the lack of preparation drivers receive as a reason for the number of accidents within a year. Although, every commercial driver undergoes training and testing before applying and being approved for a CDL license. Also, the leading reasons for commercial truck accidents are poor brakes and unfamiliar routes, meaning that a driver’s education level is not reason enough for the increase in semi collisions. Although, it does not exonerate them from the responsibility of the accident either.

Company Responsibility

Companies have greater control over the equipment/rig and the routes of a driver. Also, they likely insure the driver. Therefore, as maintaining the trucks and designating the routes for the drivers is the company’s responsibility, it stands to reason that they are more responsible if a collision occurs. Sure, they are not operating the vehicle at the moment of impact, but they are scheduling the drivers, designing their routes and maintaining their rigs – unless the driver is an owner-operator.

Liability

While arguing over the company’s liability is possible, it is also possible that the driver was not operating the vehicle as directed. For instance, a driver may have driven for 12 hours when the company stipulates only eight with intermittent breaks. Also, the driver may have continued to drive the truck after the company told them to return for maintenance. Therefore, when determining who’s at fault, the company or the driver, it is best to leave the answer to the professionals, police and other investigators. Once they provide an official report stipulating blame, then you can seek counsel and restitution.

Truck driving accidents are often severe and result in several injuries or worse. As a victim, you have a right to restitution, but you must be able to prove liability. If you believe you have a claim, then contact a Philadelphia, PA personal injury lawyer and find out your next steps.

Thanks to Wieand Law Firm, LLC for their insight into personal injury claims and who to blame in a truck accident.

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