I was Injured in a Truck Accident, but I Selected “Limited Tort” for my auto insurance. Can I still Recover Compensation for my Injuries?
Generally speaking, if you have selected limited tort coverage, the extent of your injuries will determine whether you can sue for pain and suffering. There are also exceptions to limited tort that may permit you to sue for pain and suffering.
In Pennsylvania, drivers have the option of selecting full or limited tort when taking out a policy of automobile insurance. Limited tort is offered at a lesser price than full tort coverage; however, if you select the limited tort option, while you can sue for medical bills, you cannot seek compensation for pain and suffering unless your accident causes a serious impairment of a bodily function, permanent injury/disfigurement, or death.
There are several exceptions to limited tort which, if met, would allow the accident victim to sue for pain and suffering damages. These exceptions include:
- If the other driver is convicted of DUI or accepts ARD
- If the other driver is operating an out of state vehicle
- If the other driver intentionally tries to injure himself or another person
- if you are injured while an occupant of a commercial motor vehicle
- If the other driver does not carry car insurance
If you were injured in a Philadelphia, PA, trucking accident but selected the “limited tort” option you should consult with an experienced attorney to learn your legal rights. Trial Attorney, Brent Wieand, has a long track record of successfully litigating numerous limited tort cases for clients. Call today for a totally free trucking accident consultation at 1(888) 789-3161.
When Should I Consult with a Truck Accident Attorney?
The Sooner Evidence is Collected, Preserved, and Examined, the Better!
Don’t wait to consult with an experienced attorney who can immediately begin the investigation process. In large truck accidents, physical evidence at the scene such as skid marks, debris from the vehicles, scuffs and begin to vanish and fade away within hours after a truck accident. Traffic and weather quickly begin to erode evidence which may be essential to proving a trucking case. Further, there are certain documents the the FMCSR mandates be created after a truck accident. The documents must be kept for a specific period of time and once that time expires the trucking company may – and usually will – dispose of them. The sooner you retain an experienced truck accident attorney the better.
The Wieand Law Firm will work quickly to preserve, and examine evidence related to your semi-truck crash. In truck accident cases, there may be one or several parties that are responsible for the accident. This includes the truck driver, the trucking company, owners of the trailer and the manufacturer of defective vehicle parts. The sooner we can begin collecting evidence, the better our chances of determining and proving liability against the responsible party.
What if I am Partially at Fault for the Trucking Accident?
There are multiple factors that may have contributed to the truck accident. It is important not to admit fault after a truck accident or give a statement to an insurance company before consulting with an attorney.
In Pennsylvania, you can still collect compensation for your injuries even if you played a role in causing the accident. Under Pennsylvnaia Law, the fact that the plaintiff may have been guilty of contributory negligence does not bar a recovery by the plaintiff if the negligence was not greater than the negligence of the defendant(s) against whom recovery is sought. However, any damages sustained by the plaintiff will be reduced in proportion to the amount of negligence attributed to the plaintiff.
Even if you believe you are partially to blame for the accident you should consult with an attorney at to your legal rights. Truck accident lawyer, Brent Wieand, will discuss your rights with you in during your free initial consultation.
Why Should I Retain Truck Accident Lawyer Brent Wieand to Represent me in a Commercial Trucking Accident Case?
After a trucking accident, you absolutely need an aggressive attorney that will stand up to big insurance companies and make sure you are fully compensated for your injuries and other damages. Attorney, Brent Wieand, is experienced in handling large truck accident cases and is dedicated to fighting for you. He is not a “law factory.” You are not just another case.
For a free and friendly no obligation consultation, call Brent Wieand, an experienced Philadelphia personal injury lawyer that works on a contingency fee at (888) 789-3161.
Brent practices throughout all of Pennsylvania and New Jersey. He is proud to serve Southeastern Pennsylvania including Berks, Chester, Delaware, and Montgomery counties, as well as the New Jersey areas of Pennsauken, Gloucester and Camden NJ.