Truck accidents are the most serious crashes on the highways. By size alone, big-rigs are the king of the road, and anytime they are involved in an accident, significant damage is the usual result. Collateral damage is also common in very bad accidents, such as a hazardous chemical tanker crash. The range of personal injuries that can be experienced is extensive. And that is not to mention the many fatalities associated with commercial truck accidents. And to make matters worse, being equitably compensated following a truck accident can be a long and frustrating experience for many, as trucking companies are notorious for strongly defending accident injury claims. No detail is too small to use as a defense when it will mean a reduced or denied claim if a case goes to court, as the injury does not matter as much as reducing the total value of a claim. This is why it is always vital to have aggressive legal representation when filing a truck accident claim.
Potential Defenses
While a shipping company insurance provider will often agree that they are responsible for damages to a degree, they can also be difficult during the process. In cases that are obvious, it is also common for the responsible party to offer a quick low settlement that will stop any dealing with a personal injury professional and eliminate general damages for long-term problems. An attorney will understand that the typical defense for trucking companies when pursuing general damages is usually focusing on comparative negligence. Pennsylvania uses modified comparative negligence law at the 51% bar, which means that claims from other drivers in an accident could be denied if their comparative negligence percentage is over half. This alone is enough incentive for the insurance companies to force certain cases to court because comparative negligence percentage assignment is officially done by the jury following a trial. This makes it imperative to have solid legal representation. The total value of any truck accident injury claim will be reduced for the driver by their assigned comparative negligence percentage, and your attorney can argue on your behalf for a lowered percentage.
Potential Damages – Commercial Truck Accidents
One positive aspect of a trucking accident injury claim is the fact that the respondent party is solvent when the company is liable and all trucking companies must have much more insurance protection than a standard driver. Commercial insurance policies are designed to ensure victims of accidents can be properly compensated when a calamity happens. However, this does not mean the insurance provider will not defend the claim vigorously, including every detail possible. Egregious trucking accidents that could result in a maximized settlement can even include punitive damage claims when certain extenuating facts can be established. The possibility of whole damages is often available when the right truck accident attorney handles the claim.
Contact Us
Commercial truck accidents are easily the most complicated and tragic scenarios on the highway. Never attempt handling your own accident claim. It could be much more valuable than you realize. Always call an experienced Pennsylvania truck accident attorney, such as one of the experienced attorneys at Fellerman & Ciarimboli, for solid legal counsel.
