Greensburg is located in Westmoreland County, Pennsylvania. As per TRB live report, Westmoreland has many accident-prone roads. If you are driving your company’s truck and have an accident, you might want to know about the rights or protection you are entitled to.
Though your employer is responsible for any accident or event while on the job, there are several defendant clauses for commercial truck litigation, hence, you should contact a truck accident lawyer Greensburg to get detailed information about your rights after a truck accident.
The Worker Compensation Option
Suppose an employee is injured in a truck accident while on duty. He is eligible for worker compensation. Pennsylvania legislature passed Pennsylvania Workmen’s (Workers’) Compensation Act in 1915, which states that all employees have mandatory worker compensation coverage. An employee who does not have worker compensation coverage can file a lawsuit against the employer to get the worker compensation.
The Insurance Policy Option
If the injured truck driver or person involved in the accident is not on the company’s payroll, they have the right to claim insurance. In that case, you need to contact the other driver’s insurance company to claim personal injury compensation.
A Civil Suit
As per 2015 accident data, Greensburg recorded three fatal crashes that caused two deaths and injured one pedestrian. The company that pays for the damages is usually the fault party. If the insurance company does not offer any compensation or settlement, you can hire a truck accident lawyer in Greensburg to file a civil lawsuit.
Pennsylvania follows modified comparative negligence, that is, the 51 percent rule. The rule states that the plaintiff can claim damages only if they are less than 51% at fault for the accident. These claims generally require a truck accident lawyer to negotiate a settlement or file a civil suit for compensation. The civil lawsuit may require the plaintiff to provide enough evidence like photos, videos, or audio surveillance of the accident.
Your lawyer will collect this evidence from dashcams, traffic light cameras, or photos or videos taken by witnesses. Police reports, witness statements, and the driver’s testimony at fault will play an essential role in getting you adequate compensation and damages in the accident.
How Can a Lawyer Help?
In a truck accident, personal injury, or worker compensation claims, the defendant party (the employer) may bring the scope of employment. The defendant’s lawyer may try to prove the plaintiff’s actions were not within the range of jobs. Hence, your employer is not liable to pay worker compensation or personal injury claims.
The FMCSA (Federal Motor Carrier Safety Administration) clearly states a driver cannot be on the road for more than 11 hours. The lawyer can bring up this clause to support the defendant and prove to the court that the driver was at fault. Also, if the driver were on the road for 16 hours straight, the defendant’s lawyer would try to prove the driver was reckless.
Many companies have compensation tied to the speed of the deliveries. If the company has such a policy, the defendant’s lawyer will prove the driver acted in haste that caused the accident.
Thus, commercial truck accidents are quite complex, and many factors come into play while deciding the compensation. Hence, you should find the best truck accident lawyer in town to pursue your claim.