The Complexities of Tractor-Trailer Accidents: Lessons from a $1.25 Million Settlement Case

Truck accidents are the most dangerous and deadly type of motor vehicle accident. The weight and size difference between tractor-trailers and passenger vehicles results in catastrophic, life-altering injuries. Unfortunately, only three percent of passenger car occupants survive these deadly crashes.

In one recent case, Galfand Berger LLP recovered a $1.25 million settlement on behalf of a client severely injured in a tractor-trailer accident in Berks County, Pennsylvania. Our client was struck from behind while attempting to pull her disabled vehicle out of the roadway, ejecting her. She suffered numerous injuries and permanent damage to one shoulder, limiting the use of one arm. 

The trucking company denied responsibility, claiming our client’s vehicle was not completely off the road, and offered a $25,000 settlement. Galfand Berger LLP rejected the offer and filed a liability lawsuit. After three years of litigation, our client recovered a settlement of $1.25 million.

What Are the Trucking Industry’s Federal Regulations?

The Federal Motor Carrier Safety Administration (FMCSA) regulates safety standards to prevent and decrease the number of commercial truck accidents in the United States, which state laws cannot overrule. The agency enforces all regulations, inspections, investigations, and compliance reviews when trucking companies or drivers or company fail to adhere to the regulations, which include

• • Commercial Driver’s License (CDL): Federal and state laws require drivers to obtain a commercial driver’s license (CDL) to legally operate a commercial truck. Drivers must possess a valid state driver’s license, pass a vision test and medical evaluation, and take a written and driving exam. 
  • Hours-Of-Service: Drivers cannot exceed 11 driving hours in a 14-hour shift, 60 hours total in seven consecutive days, or more than 70 hours in eight consecutive days. Thirty-minute breaks are required every eight or more hours after their previous break. 
  • Driver Logs: Drivers are required to log all of their activities during each shift, which, in newer trucks, is automatically recorded through the truck’s electronic logging devices. 
  • Driving Under the Influence: Commercial drivers have stricter safety standards regarding drug and alcohol consumption. Commercial drivers cannot operate a truck with a blood alcohol concentration (BAC) of 0.04 percent, half the legal limit for all other drivers. 

• Size Restrictions: Generally, the combined cab and trailer cannot exceed 65 feet in length or weigh over 80,000 pounds. Drivers are subject to random weight station inspections to ensure compliance.

• Inspections: Truck companies and drivers must inspect trucks before each trip to ensure safe working conditions and immediately report and fix faulty equipment. 

Do Federal Regulations Impact Truck Accident Lawsuits?

Federal and state regulations can significantly impact the outcome of an accident claim or lawsuit. Violations can provide the necessary evidence to establish liability and determine the value of compensation. A driver exceeding maximum service hours or a trucking company failing to perform inspections can be proof of negligence, strengthen cases, and increase settlements. An experienced Philadelphia truck accident lawyer can assess the evidence and explain how state and federal regulations may impact your case.

How Can I Prove Liability for the Accident?

Evidence proving fault is crucial in truck accidents. Fortunately, regulations requiring trucking companies and drivers to keep detailed reports provide powerful and often indisputable evidence after a crash. Other evidence includes:

• Police and accident reports 
• Witness statements
• Traffic, security, or dash camera footage
• Photos and video of the accident scene,
• Expert testimony and reports, and 
• Black box data 
• Hours-of-service logs
• Cargo manifest
• Regular and post-trip inspection reports
• Maintenance and repair records
• Driver’s employment, driving, and medical records, and drug and alcohol test results

• Traffic citations
• Accident reconstruction

Who Is Responsible for a Truck Accident? 

Establishing liability in tractor-trailer accidents can be especially challenging as there are often numerous parties who may share responsibility, including: 

• Driver if their negligent actions led to the accident.
• Driver’s employer if the company owns the truck. 
• Owner if the truck is owned by a third party other than the driver or employer.

• Manufacturer if the accident is due to a faulty part or defective system.

A thorough investigation and evidence review is necessary to adequately determine how and why an accident happened and who is responsible. 

What Are Common Insurance Tactics to Minimize Payouts for Truck Accidents?

Truck accident settlements are significant, and insurance companies often deploy numerous tactics to prevent having to pay, such as: 

• Offering notoriously low early settlements soon after an accident to capitalize on your immediate financial needs and discourage you from consulting a lawyer. 
• Requesting recorded statements to manipulate or use against you to undermine your claim. 
• Intentionally prolonging the claims process, hoping you will become desperate and accept a lower settlement. 
• Casting blame onto you for the accident to shift or dispute liability and reduce payouts.
• Downplaying your injuries by challenging treatments, diagnostic testing, or long-term care to minimize the financial impact.
• Surveying your activities for evidence that your injuries are exaggerated. 
• Monitoring your social media posts and images for evidence disputing the extent of damages.
• Offering unfairly low estimates for repair or replacement costs for property damage.
• Demanding extensive documentation and proof of damages to purposely burden and discourage you from pursuing a claim.

What Types of Compensation Am I Entitled to for a Truck Accident?

Tractor-trailer accidents can cause devastating injuries, resulting in significant compensation for economic and non-economic damages. Economic damages are the actual expenses resulting from the accident and injuries, such as medical expenses, lost income, permanent or temporary disability, house modifications, and funeral expenses.

Non-economic damages refer to the intangible costs of pain and suffering caused by the accident, such as amputation, cognitive impairment, emotional distress, or scarring and disfigurement.

Truck accident cases are exceptionally complex and often take years to settle. The sooner an experienced lawyer can start your case, the better. You are also limited in the time you can legally bring a claim. In Pennsylvania, you have two years to file a claim.

How Can I Prevent an Accident with a Tractor-Trailer?

Trucks pose many dangers to other motorists around them. Trucks require a lot of energy to move, function, and control speed, making it more difficult to stop suddenly. A truck’s higher profile and trailers make it challenging for drivers to see smaller vehicles, especially in its blind spots or directly behind. Though many factors leading to an accident are out of your control, you can take steps to increase your safety around them, such as:

• Give trucks plenty of room
• Do not pull out in front of a truck
• Be aware of the truck’s blind spots and avoid them
• Watch for signals
• Do not assume the driver can see you
• Watch for erratic driving behavior
• Beware of falling objects, blown tires, or sparks
• Do not tailgate behind a truck
• Practice defensive driving

You can also use your senses to detect burned brakes, smoke, jake brake sounds, beeping backup signals, and more.

Do I Need a Lawyer After a Truck Accident?

You are not required to hire a lawyer, but navigating the aftermath of a truck accident can be especially challenging. Truck accidents are considerably different than passenger car accidents. The injuries and financial losses are much worse, the legal process and evidence proving fault more complex, and large trucking and insurance companies are working to reduce what they owe. Without legal representation, pursuing your claim becomes overwhelming quickly, and you will likely end up with a settlement far below what your claim is worth.

Prompt action to preserve evidence is crucial, and an experienced truck accident lawyer has the resources to investigate and document your claim and the experience to negotiate with large insurance and trucking companies. 

When you hire Galfand Berger LLP, you can rest assured that our knowledgeable and skilled truck accident lawyers will handle your claim correctly and recover the maximum compensation possible. We have advocated for injured truck accident victims for over 75 years, securing hundreds of millions of dollars in compensation for our clients. Some recent truck accident settlements and verdicts include:

•  $3 million settlement for a motorist who suffered bilateral leg injuries after being struck by a poorly maintained tractor-trailer.
• $1.75 million settlement for Pennsylvania Turnpike employees struck by a speeding truck driver.
• Seven-figure confidential settlement for wrongful death claims against a tractor-trailer company, where the trucking company was forced to pay in excess of their insurance policy.

The Philadelphia Truck Accident Lawyers at Galfand Berger LLP Seek Justice for Clients Injured in Devastating Crashes

Truck accidents result in catastrophic injuries and damages that are typically life-changing for most survivors. If you have been injured or lost a loved one in a tractor-trailer accident, call the experienced Philadelphia truck accident lawyers at Galfand Berger LLP at 800-222-USWA (8792) or contact us online to schedule a free consultation. Located in Philadelphia, Bethlehem, Lancaster, and Reading, Pennsylvania, we serve clients in New Jersey and Pennsylvania, including Allentown and Harrisburg.