Why Choose The Cochran Firm For Your Philadelphia Truck Accident Lawsuit?
We Have a Reputation to Uphold
Every time we take on a truck accident case, we know there is a certain level of risk involved. Asking a multimillion-dollar trucking company or insurance company with an army of lawyers and experts to pay for its negligence requires preparation, stamina, and owning our own fears. We are fighting for what is right, and justice must prevail.
Every time we take on a case, we’re putting our 50-year reputation as a successful law firm on the line. More significantly, a loss for a client means they will have to go without the money they need to get their life back on track. No one should need to worry about future medical treatments, putting food on the table, or finding a job that will make accommodations due to potential permanent injuries.
We Are Experienced Truck Accident Lawyers
There are many talented and qualified attorneys practicing law today; however, not every lawyer is right for every case.
It’s important to choose an attorney with experience relevant to your situation. When selecting a lawyer, you should try to find a personal injury attorney who specializes in your specific type of case.
Truck accidents cause serious injuries and even death. The lawyers who represent injured people in these cases need to be knowledgeable about the unique laws and regulations that apply to trucks. They also need to be able to navigate the complex process of filing a claim with the trucking company’s insurance carrier.
Attorney Robert Miller of The Cochran Firm in Philadelphia has won many multimillion-dollar trucking accident verdicts, including $2.3 million in a jury trial involving a fatal truck accident and a landmark $227 million verdict in a wrongful death case. Robert has been rated a Top Attorney by Super Lawyers every year since 2018.
If the settlement offer is significantly less than what we believe you deserve, we will likely recommend filing a lawsuit and proceeding to trial. It’s not a decision we take lightly, but if we recommend going to trial, it’s because we believe it’s in your best interests.
We Have Compassion for You
At The Cochran Law Firm in Philadelphia, we understand the challenges that you may be facing after a truck accident. We are here to help you through this difficult time and guide you through the process of filing a claim. Our team of knowledgeable truck attorneys will work tirelessly on your behalf to get you the compensation that you and your family need.
We promise to keep you informed throughout the process and return your phone calls and emails promptly. Our goal is to provide you with the highest level of client service and to obtain the best possible outcome for your case.
If you or a loved one has been involved in a truck accident, you need an experienced team of lawyers on your side. The Pennsylvania truck accident lawyers at The Cochran Firm in Philadelphia have a proven track record of success in these complex cases.
Call 800-969-4400 today to see how we can help.
Our Philadelphia Truck Accident Lawyers Can Help You Right Now
As a victim of a commercial truck accident, you need immediate help. The following steps are things we can do to relieve some of the stress and get your case in the right lane for recovery and compensation.
- We will come to you: Some clients are unable to travel to our office because of their injuries. We will come to you if necessary, whether in the hospital or at your home.
- Free case evaluation: You shouldn’t have to worry about how you will afford a lawyer while also trying to recover from a large truck accident. We offer free case evaluations so that you can learn about your legal options without any financial risk.
- No upfront fees: Our firm works on a contingency basis, which means that you only pay us out of your settlement or jury verdict if we win your case. This allows us to take on cases that we believe in, and you never have to worry about any out-of-pocket costs.
- We handle the paperwork: After an accident, there is a lot of paperwork that needs to be filled out and submitted. This can be overwhelming, but our team will handle it for you so that you can focus on your recovery. We will also talk to the insurance company on your behalf and be there with you if the trucking company’s insurer wants to take your statement about the accident.
- Get the right medical care: Being injured in a truck accident can be a daunting and confusing experience. We will help you find the right doctors to ensure you receive the best possible care. We will work with you to find specialists who can provide the treatment you need to recover from your injuries. The medical system can be complex, intimidating, and expensive, but we will be there with you and find doctors who are eager to get paid when you settle your case.
- We fight for you: Our priority is getting you the compensation you deserve so that you can move on with your life. We will do everything in our power to get you the best possible outcome. Many times, negotiations are successful and we can avoid the time and expense of a trial. However, when a settlement offer is significantly less than what we believe you deserve, we will likely recommend filing a lawsuit and proceeding to trial.
Any type of injury from a truck accident can be extremely costly to treat. If you or someone you love has been involved in a truck accident, it is important to consult with an experienced accident lawyer who can help you understand your rights and options. Call us today at 800-969-4400.
Why Truck Accidents Are Different Than Other Auto Accidents
Truck accidents are often much more severe than regular car accidents, for several reasons. They also tend to require more detailed investigations, and there are additional legal implications to consider as well.
1. Size And Weight Disparities
Federal law dictates that trucks on the road cannot weigh more than 80,000 pounds when fully loaded. However, this is still many times heavier than the average passenger car or motorcycle. This, along with the sheer size of semi-trucks, means truck accidents are often devastating.
2. Federal And State Regulations
Truck drivers and companies must follow strict rules set by the Federal Motor Carrier Safety Administration (FMCSA). Among the most important of these are hours of service (HOS) regulations, which limit the amount of time truckers can stay on the road without breaks. If a truck driver gets in an accident while in violation of these rules, it may be easier to prove liability on their part.
There are also rules regarding maintenance schedules and cargo loading, among other things. For example, as noted above, federal law states that trucks cannot legally weigh more than 80,000 pounds when they’re on public highways.
Again, violations here may make it easier for you to build a winning case.
3. Multiple Liable Parties
In normal car accident cases, drivers are generally liable for any damages they cause on the road. However, when commercial vehicles (such as trucks) are involved, this may not be the case.
Vicarious liability is a legal doctrine that can make employers responsible for the negligent acts of their employees in some situations. So, if you get into an accident with a truck driver while they’re on the job, you may need to sue the company employing them, rather than the driver themselves.
There are potential exceptions to this, though. The employer may be able to escape vicarious liability if:
- The driver was a contractor, rather than an employee. However, if their working conditions were more like those of an employee than a contractor, they may be judged as an employee by the courts even if they were taken on as a contractor. If you’re curious about how this rule might affect your case, consider discussing it with us during a free initial consultation.
- The driver was acting outside the scope of their working duties at the time of the collision. This might be the case if, for instance, they were completing a personal errand that was not on their delivery route.
- The driver was driving in an extremely negligent manner at the time of the accident, as if they were under the influence of alcohol or drugs.
Other potentially liable parties in truck accident cases include individuals or companies responsible for maintenance or cargo loading, depending on the cause of a given accident.
The parties in these positions may try to shift blame onto one another to avoid liability. This can complicate your case and increase the length of time it takes for you to get properly compensated. This is one reason why you need to hire a truck accident lawyer with a strong track record of delivering results for clients.
How Our Truck Accident Lawyers Win Your Case
A successful truck accident claim depends on a deep and immediate investigation. Trucking companies and their insurers will work quickly to protect themselves; we work faster to protect you. Our team secures and analyzes evidence that is unique to commercial trucking cases, including:
- The Truck's "Black Box": This electronic data recorder captures vital information about the truck’s speed, braking, and other actions in the moments before the crash. We send an immediate spoliation letter to prevent the trucking company from erasing this data.
- Driver's Logs and Records: We analyze hours-of-service (HOS) logs to determine if the driver was operating over the legal limit, which is a strong indicator of driver fatigue and negligence.
- Maintenance and Inspection Records: We subpoena the truck's full maintenance history to uncover any pattern of neglected repairs, brake failures, or tire issues that could have caused the crash.
- Cargo and Weight Manifests: An overloaded or improperly balanced truck is difficult to control. We examine loading documents to see if weight limits were violated, placing responsibility on the cargo loading company.
- Driver's Employment and Training Files: We investigate the driver's history to see if the trucking company hired someone with a known record of recklessness or failed to provide adequate training.
- Post-Accident Drug and Alcohol Test Results: Federal law requires commercial drivers to be tested after a serious accident. The results can be critical evidence of impaired driving.
Building a case requires more than just looking at a police report. It requires a deep dive into the trucking company's operations to expose any failures that led to your injuries.
Common Injuries in Truck Accidents
Truck accidents often result in severe injuries due to the size and force of these vehicles. Common injuries include:
- Traumatic brain injuries (TBIs): These can range from concussions to permanent brain damage. Our brains are fragile – even minor impacts to the head can result in lasting damage. Serious brain injuries are among the biggest contributors to truck accident settlements, as related medical expenses can easily stretch into six-figure sums. Plus, if you’re unable to work because of your injuries, you may be entitled to income replacement benefits for the remainder of your working life.
- Spinal cord injuries: Spinal trauma can result in full bodily paralysis (quadriplegia) in the most serious cases. Like brain trauma, spinal injury is among the leading contributors to large truck accident settlements.
- Broken bones: Though not typically as serious as brain or spinal injuries, broken bones can be severely debilitating. We’ve had numerous clients who spent months in the hospital and years out of full-time employment because of severe bone fractures.
- Burns: These can occur in several ways in a truck accident scenario, including from fuel fires and road rash.
- Emotional trauma: PTSD and anxiety are common in survivors of serious truck accidents. If you’re unable to work or live normally because of accident-related emotional trauma, you deserve to be compensated for this loss.
How a Philadelphia Truck Accident Lawyer Can Help
There’s a lot more to the job of a road accident lawyer than delivering arguments in court. From the minute you walk through our doors, we’ll do everything possible to keep you informed, attend to your needs, and build the strongest possible case in your favor.
In practice, this generally involves:
- Thorough investigation: We’ll gather as much evidence as we can in relation to your case, including crash reports, driver logs, camera footage, and eyewitness testimony. From there, we’ll conduct an in-depth analysis to build the clearest possible picture of what happened in your case and who might be liable.
- Dealing with insurers: Insurance companies do whatever they can to minimize payouts or to deny claims entirely. We’ll negotiate aggressively to protect you from these tactics. We’ll also manage all correspondence with insurers on your behalf, ensuring that you won’t accidentally damage your claim by sharing the wrong information.
- Handling paperwork and deadlines: Truck accident claims involve complex legal processes, and making mistakes in these processes can cause huge setbacks. We’ll make sure all the important documents in your case are filed correctly and on time.
- Litigation when necessary: While we aim for a fair settlement, we’re fully prepared to take your case to trial if that’s what it takes.
Common Causes of Truck Accidents
In 2022 (the most recent year for which we have complete statistics), there were 5,837 large trucks involved in fatal accidents in the US, according to the National Safety Council (NSC). The most common causes of these accidents include:
- Driver fatigue. If you can show that the truck driver who caused your accident was in breach of federal hours of service (HOS) regulations, it may be easier to prove negligence on their part.
- Distracted driving. This has become much more common in recent years because of the number of smartphones in use. Again, if you can prove the truck driver was distracted at the time of your accident, it may be easier to prove they were negligent.
- Impaired driving. In Pennsylvania, the legal blood alcohol concentration (BAC) limit for commercial drivers is 0.04%, which is half the limit for the average driver.
- Brake or equipment failure.
Frequently Asked Questions (FAQs)
How Much Are Most Truck Accident Settlements?
Each truck accident case is unique. With this in mind, compensation will depend on things like the severity of injuries, the extent of medical treatment, lost wages, and whether long-term care is needed. That said, truck accident claims often result in higher settlements than standard car accident cases due to the potential for catastrophic injuries and the involvement of commercial insurance policies. An experienced Philadelphia truck accident lawyer can better estimate the value of your claim based on your case.
How to Choose the Best Truck Accident Lawyer?
Choosing the right Philadelphia truck accident lawyer can make a significant difference in the outcome of your case. Truck accident claims are often more complex than standard car accidents. They can involve federal trucking regulations, commercial insurance policies, multiple potentially liable parties, and significant injuries. An experienced truck accident lawyer understands how to investigate the accident thoroughly, preserve evidence (such as black box data and driver logs), and build a strong case against large trucking companies and their insurers.
The best truck accident lawyers will have a proven track record of success in truck accident litigation, be familiar with state and federal laws affecting your claim, and have access to industry experts who can support your case. Look for a firm that offers a free consultation and works on a contingency fee basis, so you don’t pay unless you win.
What Should I Do If The Trucking Company Contacts Me After My Accident?
Don’t speak to the trucking company or its insurer if you can avoid it; ideally, you should allow your lawyer to handle all such interactions on your behalf. Anything you say could harm your case.
How Long Do I Have To File A Truck Accident Claim?
In Pennsylvania, the statute of limitations for personal injury claims is typically two years from the date of the accident. If you allow this deadline to pass, you will very likely lose your right to pursue a lawsuit related to your accident.
Can I Sue For Emotional Distress After A Truck Accident?
Yes, emotional distress is a form of non-economic damages that may be included in your claim. However, it’s typically more difficult to prove than a physical injury. This is one reason why you need an experienced lawyer in your corner when it comes to negotiating for damages.
Do I Need To Go To Court After A Truck Accident?
The majority of truck accident cases settle out of court, as this saves you the hassle of a courtroom trial and avoids the uncertainty that comes with a jury decision. However, if we can’t negotiate a fair deal with the defendant in your case, we won’t hesitate to go to court to fight for your rights.
How Is Fault Proven In A Truck Accident?
Various types of evidence may help to prove your case, including police reports, eyewitness accounts, footage from nearby surveillance cameras or dashcams, truck driver logs, black-box data, and expert testimony. Your lawyer may need to file a lawsuit against the trucking company in order to acquire some of this evidence via the discovery process.
Is It Possible To Get Punitive Damages In A Philadelphia Truck Accident Case?
It is possible to recover punitive damages in a truck accident lawsuit if the at-fault party’s behavior was especially reckless or intentional, such as driving under the influence or knowingly violating safety regulations. However, punitive damages are not the norm in truck accident cases.
Philadelphia Truck Accident Attorneys You Can Trust
Nobody expects to get into a devastating truck accident when they’re driving to work or school. Sadly, however, this is far too common an occurrence on Philadelphia’s roads. If your life has been turned upside down by a careless truck driver, you need to do what you can to make things right.
You may be tempted to accept the first settlement offer that comes your way, but it’s important to remember that insurance companies are in the business of making money, not paying out claims. Moreover, insurance companies will have their own lawyers working to minimize the amount they have to pay out, and you need someone who can not only level the playing field but also win the game.
Contact us today to schedule a free initial consultation about your case. You can reach us via our online contact form or by calling 800-969-4400. The sooner you start the process, the easier it will be for us to build a winning case on your behalf, so don’t delay.
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