We strive to achieve the highest standard of excellence for the protection of the rights of our clients involved in tractor-trailer or “semi” crashes through team work and the use of  our  considerable resources and experience.  We have the right combination of in-depth knowledge of trucking industry regulations and expertise in victims’ rights to structure the most successful claims for our clients.

The U.S. trucking industry is a $468 billion giant with a bad reputation for safety. It is estimated that there are 500,000 tractor-trailer accidents each year nationwide. In 2002, the Federal Motor Carrier Safety Administration (FMCSA) reported 130,000 injuries and nearly 5,000 deaths related to large truck accidents. There are many reasons for tractor-trailer accidents including:

• Driver fatigue
• Negligence
• Tire blowouts
• Improper loading
• Sudden braking
• Drug and alcohol use
• Repeated driving violations

One in every eight traffic fatalities is attributed to collisions with eighteen-wheelers. Consider that the average passenger vehicle weight is 3,596 pounds, while a fully loaded commercial tractor-trailer weighs as much as 80,000 pounds. Is it any wonder that when these two vehicles collide, the truck driver usually suffers more minor effects and that many of the dead or injured are innocent victims in passenger vehicles? The Highway Traffic Safety Administration estimates that up to 30 percent of deaths, and 70% percent of the injuries, are directly attributable to fatigued truck drivers.

To address safety concerns, the Federal government has implemented regulations regarding commercial truck driver’s licenses and also requires limited drug and alcohol testing. In April 2003, the FMCSA instituted new hours-of-service (HOS) regulations to increase driver awareness and curb truckers’ problems with fatigue. These were the first significant revisions to the HOS in over 60 years. While these steps will reduce some of the accidents, problems still permeate the trucking industry. In a boards study of 107 long-haul truckers, 19 drivers said they fell asleep while driving one or more times during the past month. Two-thirds of those surveyed admitted to under-reporting their actual hours of work in their log book during the previous year.

In Pennsylvania, truck-related injuries and deaths are handled under personal injury and wrongful death laws. In these cases, you must prove that your injury was caused by another party’s careless or reckless actions to win a personal injury claim. Personal injury victims (plaintiffs) can file one of several types of wrongful injury suits (torts) or family members are entitled to file wrongful death claims against defendants including:

• Negligence – an individual’s act, or failure to act, has caused injury. While the act may be unintentional, the defendant is still liable for damages.
   

• Strict liability - generally applies to product liability, which are claims filed against manufacturers and suppliers for dangerous products that cause injury.
   

• Intentional misconduct – is the malicious or intentional infliction of harm that results in an injury or death. This type of claim is litigated under criminal law and punishment can include prison.
   

• Comparative negligence – because the actions of the injured person may have contributed to their own harm, the negligence is divided between the injured party and the defendant and the damages are reduced accordingly.

Logs, toll receipts, tachometer records, bills of lading, weight tickets need to be preserved to determine speed, weight and hours of service. Motor carrier accident reports, truck driver pre-trip and post-trip check lists, record of duty status, violations and many records too numerous to mention must be obtained as soon as possible. Many of these are time sensitive and if not subpoenaed within a set time frame will be destroyed by the trucking company. Under Federal Motor Carrier Safety Rules and Regulations and most states, key records only need be kept for 60 days.

Whether we’re gathering evidence by preserving driver and truck records, consulting with you on legal strategies, or representing you in negotiations with insurance agents,  we can help you receive monetary compensation for medical costs, lost income, expenses, and the pain and suffering you’ve endured because of a large truck accident.

Pennsylvania Workers Compensation laws as they pertain to vehicular accidents: If you were in a trucking accident or other traffic collision while "on the job", or in other words if you were a worker injured in a car or truck traffic accident while in the "course and scope" of your employment, you are entitled to Pennsylvania Workers Compensation benefits as your traffic accident injuries will be considered work related injuries, or an "on the job" injury accident. Ask one of our Pennsylvania Workers Compensation lawyers how Pennsylvania "work comp" laws may apply to you within the context of "on the clock" in a job or work related accident.

If you have been hurt, or a loved one has died, as the result of an accident involving a tractor-trailer, semi or other large truck, you need the help of attorneys who have the experience and resources to protect your rights. Do not permanently lose your right to seek damages from those who caused you harm.  Please contact a Munley, Munley & Cartwright lawyer by
e-mail or telephone 1-800-318-LAW1 today.

Related Information

Truck Injuries & Wrecks

Pennsylvania Accidents

Philadelphia Truck Accident
Personal Injury Lawyers