Coal is a core part of the Pennsylvania economy — it’s the third-largest coal-producing state in the nation, only behind Wyoming and West Virginia. As of 2002, Pennsylvania has 108 mines and produces around 40,000 short tons (80,000,000 pounds) of coal every year. Transporting this coal is a major part of the business, and once fully loaded, the trucks that carry coal are some of the heaviest vehicles on the road.
These vehicles are bound by additional laws and restrictions in order to maintain a level of safety for both the truck driver as well as everyone they share a road with. Unfortunately, this doesn’t prevent all risks. According to the Pennsylvania Department of Transportation, thousands of heavy truck accidents occur in Pennsylvania annually.
While just about 6% of reported accidents involve trucks, truck crashes account for approximately 12% of traffic-related fatalities every year. One of the most common injuries is a spinal cord injury, which, when not deadly, can be debilitating and cause life-long shockwaves.
Let’s talk about why coal truck accidents are so dangerous and what legal pathways could be open if you are injured.
Why Are Coal Trucks So Dangerous?
While coal trucks only make up a smaller percentage of all trucks on Pennsylvania roads, they are some of the largest and heaviest. The risks surrounding the operation of these massive vehicles can be high.
Coal trucks can carry around 60,000 pounds of coal (since these massive trucks generally have two to three axles). The weight and size mean it’s harder for trucks to slow down, stop, make clean lane changes, and more. The demanding coal industry also means that driver fatigue is a problem. A notable number of heavy truck accidents occur because of fatigue which reduces reaction time.
Failure to meet the standards set to protect everyone on the road can lead to catastrophic and life-altering consequences. If you were the victim of a coal truck accident, it’s important to understand what legal remedies are potentially available.
Determining Truck Accident Liability in Pennsylvania
Under Pennsylvania law, determining negligence is key to securing damages if you were involved in a coal truck accident. In order to win a lawsuit, the plaintiff must prove the defendant acted negligently and that this negligence directly caused the accident.
Pennsylvania also follows what’s known as “modified comparative negligence” when determining damages in a truck accident case. Under this system, the victim of an accident can still recover damages even if they are found partially responsible for the crash, as long as their share of fault is less than the defendant’s.
Importantly, the damages recovered can be reduced by the percentage they are found responsible for. For example, if the victim of a crash is found to be 49% at fault for the accident, they can hypothetically receive 51% of the damage awarded.
Who Can Be Held Liable in a Coal Truck Accident?
Determining liability is major when pursuing damages and compensation in any accident, and coal truck accidents are no different. Since trucks transporting coal are predominantly owned or contracted by large corporations, options for seeking damages can be broader than in other accident types.
Some potential parties you and your legal representation can consider filing a claim against include (but may not be limited to):
- The truck driver
- The owner of the truck
- The company that hired the truck
- The company that owns the coal being transported
- The company responsible for maintaining the truck
- The company that loaded the coal truck
- The company that built the truck or truck parts
Depending on the cause of the accident, you may be able to pursue claims against some or all parties potentially involved. Understanding your legal options and where you can pursue damages is key to securing the maximum compensation possible. If you or a loved one was the victim of a coal truck accident, work closely with your legal representation to understand the full scope of possible parties you can file claims against.
Deadline to Filing a Coal Accident Claim
Note that there is a statute of limitations when pursuing accident-related damages in Pennsylvania. From the date of the coal truck accident, you have exactly two years to file a claim or you will lose the right to secure damages through legal means.
However, there are expectations for this rule. Minors, those incapacitated, and others could claim exceptions to the traditional statute of limitations in Pennsylvania. A truck accident lawyer (https://www.cohenfeeley.com/) can provide further guidance for you.
Work With Legal Experts You Can Count On
Finding the legal representation that’s right for you can be a daunting task. At Cohen, Feeley, Altemose & Rambo, our expert accident attorneys have more than 190 years of combined experience handling cases across Pennsylvania. With more than half a billion dollars in settlements recovered for our clients, we provide peace of mind to our clients so they can focus on healing and spending time with family.
After an accident, it’s important to discuss your legal options with an attorney. You don’t need to suffer alone — Pennsylvania has laws to help in your recovery and hold guilty parties responsible.