Who is Liable When a Driver Cuts Off an 18-Wheeler in Pennsylvania?
Accidents involving 18-wheelers can result from numerous factors. While many of these factors relate to the truck itself (or the truck’s driver), other drivers can—and do—cause 18-wheeler accidents as well. In particular, if a driver cuts off an 18-wheeler, the truck’s driver may be unable to avoid a collision. When this happens, who (or what company) is legally responsible? An experienced Bethlehem truck accident attorney explains:
Determining Liability When a Driver Cuts Off an 18-Wheeler
As with all types of commercial truck accidents, when a driver cuts off an 18-wheeler, determining liability requires a comprehensive investigation. While the driver who cut off the 18-wheeler may be to blame, other possibilities exist as well.
Additionally, multiple parties can share legal responsibility for a commercial truck accident—and, in these cases, victims may need to pursue claims against all at-fault parties in order to fully recover their accident-related losses. As a result, even if it appears that a negligent driver was partially to blame for cutting off the 18-wheeler, it may still be necessary to assess whether any other parties also deserve to be held liable.
With this in mind, some of the parties that may be liable (or at least partially liable) in this scenario include:
- The Driver Who Cut Off the 18-Wheeler – If a negligent driver cut off an 18-wheeler, resulting in a major accident, that driver can be held accountable under Pennsylvania law. Even if the driver was not directly involved in a collision, if the driver is responsible for creating a dangerous situation on the road, this can provide clear grounds for liability.
- Another Driver Who Forced the Driver to Swerve – When evaluating potential claims against a driver who cut off an 18-wheeler, it is important to assess why the driver made this maneuver. Was the driver distracted? Did the driver fail to check his or her blind spots? Or was the driver forced to swerve in order to avoid a collision? If the driver was trying to avoid a collision with another negligent driver, then this other driver could bear ultimate responsibility.
- The Truck Driver – When the truck driver got cut off, did this leave the truck driver with nowhere to go? Or, did the truck driver have an opportunity to avoid the accident? If the truck driver could—and should—have done something differently to avoid a collision, he or she could be responsible (or at least partially responsible) for causing the accident.
- The Trucking Company – In most circumstances, trucking companies can be held liable for their drivers’ negligence behind the wheel. Trucking companies can also be held liable for their own negligence—such as hiring unqualified drivers or failing to maintain their trucks. If the trucking company is to blame (or at least partially to blame) for your injuries, you may be able to seek just compensation under the trucking company’s liability insurance policy.
- The Truck’s Manufacturer – If the truck driver was unable to stop in time to avoid a collision because of a brake failure or tire blowout, the truck’s manufacturer could be liable for the crash. Truck manufacturers can be held liable when a wide variety of other defects cause (or contribute to causing) serious and fatal truck accidents as well.
- A Government Agency or Road Contractor – Slippery road surfaces, hazardous construction zones, and other road-related issues can also cause (or contribute to causing) truck accidents in some cases. If the driver who cut off the 18-wheeler swerved to avoid a road hazard, or if an issue with the road caused the truck driver to lose control, the government agency or contractor that is responsible for the road’s condition at the time of the crash could be liable.
- Another Driver Involved in the Collision – If you were involved in a multi-vehicle accident that was triggered when a driver cut off an 18-wheeler, any driver involved in the collision could potentially be liable for your accident-related losses. When you hire an experienced Bethlehem truck accident attorney to represent you, your attorney will work with an accident reconstructionist and other experts to identify each link in the chain of events leading up to your crash.
Again, these are just examples. Commercial truck accident cases can be exceedingly complex, and assessing your legal rights can be a time-intensive and resource-intensive process. This makes it essential not only to hire an experienced attorney but to do so as soon after the accident as possible.
Proving Liability When a Driver Cuts Off an 18-Wheeler
Once you hire an attorney to represent you, your attorney will be able to launch an investigation focused on identifying all of the factors involved in the accident and all of the parties that are responsible. This investigation is a critical step in the process, and, again, it is important that you hire an attorney as soon as possible. Tire marks, debris, and other types of evidence can disappear quickly, and if the evidence needed to establish liability is no longer available, you won’t be able to seek the financial compensation you deserve.
With that said, many different types of evidence can be used to prove liability in a commercial truck accident, and regardless of how long it has been since your accident, you should talk to an attorney about your legal rights. If you are facing expensive medical bills and other losses, you owe it to yourself to ensure that you are making informed decisions with your long-term best interests in mind.
Get Help from an Experienced Bethlehem Truck Accident Attorney Today
Were you injured in a commercial truck accident after another driver cut off an 18-wheeler in Pennsylvania? If so, we encourage you to contact us promptly so that we can help you. Our attorneys handle commercial truck accident cases statewide. To speak with an experienced Bethlehem truck accident attorney at our firm for free, call us at 888-777-7098 or tell us how we can reach you online now.