If you are hurt in a collision caused by a negligent truck driver or trucking company, you may have grounds to sue everyone at fault and demand compensation for your accident-related losses. However, pursuing civil restitution for personal injury in the Pennsylvania court system can be challenging.
Knowing how these claims are constructed, submitted, and pursued in or out of court can be key to a favorable outcome, as is the support of a seasoned truck injury lawyer from Lowenthal & Abrams, PC. Here is a brief overview of what filing a Philadelphia truck accident claim typically involves, which your attorney will explain in more detail during your initial consultation.
Who Can Be Named As Defendants in Truck Crash Lawsuits?
The first step to filing a civil suit over a truck crash in Philadelphia—or any other type of accident—is identifying who is liable for the injuries caused by the collision. This is sometimes different from who is legally at fault for the accident, since there are circumstances where someone can be held financially accountable even if they were not directly involved.
For example, trucking companies that employ unsafe drivers can often be held vicariously liable for injuries one of their employees caused through negligent behavior on the job. If a mechanical failure partially or primarily caused the wreck, civil liability for damages may lie with a mechanic who failed to service the vehicle properly, a supplier who provided broken or low-quality parts, or a manufacturer who made and sold a defective component or truck.
Basic Steps in the Claim Filing Process
Usually, the filing process for a Philadelphia truck accident case begins in the Pennsylvania Court of Common Pleas, which serves the area where the accident occurred. For Philadelphia, this would be the Court of Common Pleas for the First Judicial District of Pennsylvania. In addition to submitting the formal complaint to the correct court, a legal notice must be sent to the defendant(s) named in the claim.
After these procedural steps are complete, the lawsuit enters the discovery phase, during which all parties involved exchange important case-related information and attempt to negotiate an out-of-court settlement. Most truck accident claims are settled through agreements rather than proceeding to civil court. However, support from skilled legal counsel can be vital to negotiating a fair settlement offer and preparing effectively for a civil court trial if necessary.
Contact a Philadelphia Attorney To Help With Filing a Truck Accident Claim
This is far from a comprehensive summary of every step in filing a Philadelphia truck accident claim after getting hurt in a wreck that was not your fault. Plenty of legal and procedural roadblocks not mentioned here can significantly hinder your recovery efforts if you are unprepared. Unfortunately, effective preparation in this context can be impossible without professional legal guidance.
An experienced truck accident lawyer at Lowenthal & Abrams, PC, is prepared to effectively enforce your rights through every stage of your legal proceedings. Call today to discuss your potential case.