How Common are Fatal Truck Accidents?
In 2022 (the most recent year’s information available), approximately 5,837 large trucks were involved in fatal crashes. This is a 49% increase over the last 10 years, according to the National Safety Council. Large trucks accounted for 6% of all vehicles involved in fatal crashes.
Slightly more fatal crashes involving commercial vehicles happened in rural areas, and there were significantly more on non-interstate roadways.
In most cases, the occupant of the non-commercial vehicle was the individual who was killed in the truck crash. The truck occupant or a nonoccupant were rarely killed.
Common Causes of Fatal Truck Accidents
Some of the most common risk factors involved in fatal truck accidents include:
- Driver error
- Distracted driving (texting, talking on the phone, eating, etc.)
- Drowsy driving (fatigue, sleep apnea, etc.)
- Impaired driving (drunk driving, drugs, medication)
- Reckless driving (speeding, aggressive driving, road rage, etc.)
- Brake problems
- Tire blowouts
- Engine failure
- Steering problems
- Poor road conditions
- Uneven pavement
- Construction zones
- Improper cargo loading (unbalanced loads, overloaded trucks, etc.)
- Inclement weather (rain, snow, fog, high winds, etc.)
- Other driver errors (cars cutting off trucks or not leaving enough space between vehicles)
Truck drivers and the trucking companies have a responsibility to address many of these factors and prevent crashes when possible.
Who Is Liable for Fatal Truck Accidents in Pennsylvania?
Determining who’s liable for a fatal truck accident can be complex, as there can be multiple parties involved. Here’s a breakdown of some potentially liable parties:
- Truck Driver: This is the most common scenario. If the truck driver was negligent in any way that caused the accident, they can be held liable. Examples of driver negligence include distracted driving, drowsy driving, impaired driving, reckless driving, and violating traffic laws.
- Trucking Company: The trucking company that employs the driver can also be liable if they fail to properly maintain the truck, hire an unqualified or inadequately trained driver, or pressure the driver to violate safety regulations (e.g., driving for excessive hours).
- Cargo Loader: If the accident was caused by improper cargo loading that wasn’t secure or evenly balanced, the company responsible for loading the cargo could be liable.
- Parts Manufacturer: In cases where a mechanical failure due to a defective part (e.g., brakes, tires) caused the accident, the manufacturer of that part could be liable.
- Other Drivers: If another driver in a smaller vehicle caused the accident by acting negligently (e.g., cutting off the tractor trailer, sudden lane changes), they could be liable.
Shared Liability in Fatal Truck Accident Cases
Like other personal injury cases, fatal truck accidents often involve multiple parties who are at fault. In this case, you might be fighting with more than one insurance company to get the compensation you deserve. Those parties may point the finger elsewhere, or even at you.
Pennsylvania follows a modified comparative negligence rule in accident cases. That means that surviving family members of the victim can still recover compensation for their losses, even if the victim was partially to blame for the accident. However, the amount of compensation you will receive will be reduced based on the victim’s percentage of fault.
Possible Compensation for a Fatal Truck Accident Case in Pennsylvania
In a fatal truck accident case, surviving family members may be eligible to receive compensation for various damages through a wrongful death lawsuit. Here’s a breakdown of what you might be able to recover:
Economic Damages
Economic damages refer to the financial losses you experience as a direct result of an injury or incident. They include:
- Past medical bills
- Funeral and burial expenses
- Loss of earnings
- Loss of household services
Non-Economic Damages
Non-economic damages, also referred to as pain and suffering damages in some cases, are awarded in lawsuits to compensate for intangible losses stemming from an injury or incident. Unlike economic damages, which encompass concrete financial losses, non-economic damages are subjective and focus on the emotional and personal impact of the event. These can be harder to quantify with a dollar amount and rely more on the jury’s discretion. They include:
- Pain and suffering
- Loss of companionship
- Loss of consortium
Punitive Damages
These are awarded in rare cases to punish the at-fault party for egregious behavior. For example, if the trucking company has been warned to fix certain parts on the vehicle and they failed to comply with such demands. They may be punished for failure to maintain.
How Much Compensation is Awarded in a Fatal Truck Accident Case?
The amount of compensation awarded in a fatal truck accident case can vary widely depending on several factors:
- Severity of the accident: The circumstances surrounding the accident and the extent of the victim’s injuries will influence damages.
- Income of the deceased: Higher earners typically result in greater lost income claims.
- Age of the deceased: Younger victims with longer life expectancies can lead to higher future lost earnings claims.
- Number of dependents: The number of people who relied on the deceased financially will impact loss of support calculations.
- Strength of the case: A strong case with clear evidence of liability will lead to better compensation offers.
Was Your Loved One a Victim of a Fatal Truck Accident? Call Atlee Hall Today
If your loved one suffered fatal injuries in a semi-truck accident, you deserve justice. Although getting money will not fix everything, it can help you cover unexpected costs. Getting the closure you need can help you move forward with life.
Call 717-393-9596 today or contact us to schedule an initial consultation with a Lancaster, PA truck accident lawyer.
