PA Truck Accident
Issues & News

********************

Fatal Tractor-Trailer Accident on I-80

On August 28, 2013, an accident involving 3 trucks on Interstate 80 in Carbon County PA resulted in the death of one driver.  According to The Morning Call, one tractor-trailer hit another truck while trying to pass it in the westbound lanes of I-80.  A 3rd tractor-trailer crashed while trying to avoid the 1st collision.  The truck driver was pronounced dead at the scene of the fatal accident.

********************

Monroe Pick-Up Truck Driver Acquitted of Vehicular Homicide

On March 23, 2010, a Monroe County PA jury found a Tannersville PA pick-up truck driver not guilty of vehicular homicide charges.  As described in the Pocono Record, the Monroe County pick-up truck driver drove thru a red light on May 25, 2008 at an intersection on Route 611 in Swiftwater.  The Tannersville resident hit a car driven by a Mountainhome PA woman.  She was taken from the scene to Lehigh Valley Hospital in Allentown.  The Monroe County resident died several hours later.

Criminal charges were filed against the pick-up truck driver.  While he was convicted of careless driving and failing to stop at a red light, he was acquitted of the criminal charges related to the victim’s death.  The defense’s position was that he wasn’t aware that the light had turned red on Rt. 611 until it was too late to stop.  In essence, his attorney admitted that there was negligence but denied any criminal conduct or intent.

********************

Lock Haven Woman Dies in Clinton County Truck Accident

On March 20, 2010 a 74 yr. old Lock Haven PA driver was killed when she was rear-ended by a 2000 International tanker truck.  An article in the Star-Gazette stated that the Pennsylvania truck accident victim was stopped on Route 2005 waiting to make a left turn when she was struck from behind by the truck.

The force of the truck-car collision was so severe that it propelled the Honda Civic forward nearly 100 feet.  The Lock Haven resident was declared dead at the Soldiers and Sailors Memorial Hospital in Wellsboro, Pennsylvania.

********************

Federal Ban On Text Messaging On Truck & Bus Drivers

On Jan. 26, 2010, the United States Transportation Department put in place an immediate ban on sending text messages by drivers of interstate buses and trucks over 10,000 pounds.  Fines of up to $2,750.00 may be levied against drivers of commercial vehicles who text while driving.  According to an Associated Press article authored by J. Lowy, 19 States and the District of Columbia currently prohibit all drivers from texting.

Pursuant to an Executive Order signed by the President, since Dec. 30, 2009, all federal employees have been prohibited from texting while driving federal gov’t vehicles or using federal equipment.

********************

Monroe County Truck Accident Victim Entitled to Driver Logs

A 2008 ruling by Judge Arthur L. Zulick of the Monroe County Court of Common Pleas granted a Monroe County PA truck accident victim the right to obtain driver logs from the defendant driver for 30 days prior to the truck accident.  A tractor-trailer collided with a van which forced the motor vehicle into another tractor-trailer that was parked on the side of I-80.

The Poconos truck accident lawyer filed a motion requesting the court to order the driver logs to be turned over.  The plaintiff’s attorney argued that the defendant truck driver was stopped on the shoulder of I-80 because he was confused about his directions.  Since the confusion may have been caused by fatigue due to driving total hours in excess of the number allowed by PA law, Judge Zulick ruled in favor of the PA truck accident victim.  Sica v. Ohio Eastern Express Inc., et al., No. 94444 CV 2007

********************

Truck Driver Wins Trip & Fall Case

A 2009 Decision by the PA Superior Court affirmed a Philadelphia jury’s verdict in favor of a Pennsylvania truck driver as a result of his fall at Drexel University.  The trucking accident occurred after a delivery truck backed up to a loading dock.  As the truck driver was unloading materials from his truck, his foot hit the bumper on the loading dock and he fell injuring his back and knee.

The Pennsylvania truck accident attorney filed a lawsuit alleging that the elevated bumper created a dangerous condition which Drexel had the power to eliminate.  The jury found the truck driver 30% at fault for the accident and Drexel 70% responsible.  This comparative negligence decision was upheld by the Pennsylvania Superior Court as it agreed that the elevated bumper on the loading dock was the proximate cause of the truck driver’s injuries.  Walker v. Drexel University, 971 A.2d 521 (PA Super. 2009)

********************

Pennsylvania Truck Accident Victim Given 2nd UM Hearing

A 2009 Opinion of the PA Superior Court allowed a Pennsylvania truck accident victim to have a second hearing for his underinsured motorist claim.  An automobile accident was caused when a driver lost control of his car in a rainstorm.  A volunteer fireman was driving his truck to the scene of the car crash when he was involved in an accident.

The PA truck accident victim suffered some serious injuries.  When he tried to make an underinsured motorist claim, the Arbitration Panel dismissed his case claiming he was at fault for his crash.  The Pennsylvania truck accident lawyer filed an appeal to the PA Superior Court.  They granted the fireman a 2nd UIM Arbitration Hearing and ordered that the truck accident victim receive the benefits of the ‘rescue doctrine.’  Bole v. Erie Ins. Exchange, 967 A.2d 1017 (Pa. Super. 2009)

********************

Multiple Claims vs. Allstate Approved For PA Trucker

A 2009 decision from the United States District Court in Western PA permitted a Pennsylvania truck accident victim to pursue multiple legal claims versus Allstate.  The truck driver was injured in a Huntingdon County PA accident caused by a negligent automobile driver.  His PA truck accident attorney sued Allstate claiming that it denied payment for chiropractic bills without reasonable justification and, therefore, breached its contractual obligations to its insured.

A separate legal claim alleged that Allstate abused the peer review process in denying first party benefits to limit its exposure to the Pennsylvania truck driver’s underinsured motorist claim.  Allstate’s lawyers filed a Motion to Dismiss which was denied.  The judge ruled that the Pennsylvania truck accident victim was entitled to make multiple claims v. Allstate in one lawsuit.  Miller v. Allstate, 07-260 W.D. PA (March 5, 2009)

********************

Truck Accident Victim Can’t Recover vs. Fellow Employee

A December 2008 ruling by the PA Superior Court denied the personal injury claim of a Pennsylvania truck accident victim.   Two employees were returning to PA after working at a Baltimore job site when the driver lost control of the pick-up truck.  The passenger suffered significant head injuries.  His Pennsylvania truck accident attorney filed a lawsuit versus the truck driver in Philadelphia County.

The trial judge ruled that the PA Worker’s Compensation Act prevented the Pennsylvania truck accident victim from making a PA personal injury claim against his fellow employee.  The Pennsylvania truck accident lawyer filed an appeal which was denied.  Worker’s Compensation benefits were the only recovery available for the PA truck accident victim.  EMC v. Boiler Erection, 964 A.2d 381 (PA Super. 2008)

********************

Negligent Trucker to Face 2 Lawsuits over Truck Accident

A 2008 decision by the Pennsylvania Superior Court permitted 2 lawsuits to proceed against a negligent truck driver. The Pennsylvania truck accident occurred in Allegheny County PA when a tractor-trailer operator made a u-turn in the middle of a ramp connecting Rt. 65 and I-79. The truck blocked all lanes of travel and a car trailing the tractor-trailer crashed into it.

A Pennsylvania truck accident lawyer filed a lawsuit versus the truck driver and his employer for his client’s pain & suffering claim. In a separate legal action, State Farm’s lawyers sued the truck driver to recover the property damage payment they made to the car’s owner. The truck driver’s attorneys filed a motion to dismiss the property damage lawsuit since it was not joined with that of the PA truck accident victim. The Pennsylvania Superior Court ruled that separate lawsuits in this fact situation were proper. State Farm v Ware’s Van Storage, 953 A.2d 568 (Pa. Super. 2008)

For a truck accident consultation call  800-980-4842