Pennsylvania – February 11, 2021

A federal lawsuit has been filed seeking $15 million dollars in damages to compensate a mother and her 11-year-old daughter who were seriously injured in a fatal crash on the Pennsylvania Turnpike last year.  Driver negligence is cited in the suit against the tour bus company, Federal Express, and the Federal Express truck driver.  Multiple fatalities occurred and more than 60 people were injured in the crash that occurred last January.  An accident attorney can explain the commercial carrier laws addressed in a case with multi-state involvement.

Damage award valuation.

According to the legal documents filed, claims that Federal Express and Z&D  Bus Tours were aware that their drivers had a history of prior accidents and negligence is cited as a breach in their duty of care owed.  Additionally, the valuation is high because the parties to this claim were totally incapacitated for a significant period of time and are partially disabled because of the accident.  The claim seeks $10 million in damages for the mother and $5 million for the child.  After an accident in Pennsylvania, victims should speak to a personal injury attorney for information on how a request for an award will be valued against harmful losses.

Commercial drivers’ responsibility.

Restrictions are enforced on drivers of commercial vehicles and large trucks to reduce dangers already posed by the size, weight, height, cargo load, or passengers carried on these commercial vehicles.  If commercial trucking accidents occur, truck accident attorneys can navigate any necessary action toward compensation for damages. Federal and Pennsylvania State impose mandatory regulations for truck drivers that include keeping accurate mileage logs, driving hour limitations, maintenance reporting, size requirements, and safe cargo loading procedures.

Bus and truck drivers have different demands by regulation as to their safe ability to operate commercial carriers.  The specific medically disqualifying conditions found Under 49 CFR 391.41 include hearing loss, vision loss, epilepsy, and insulin use. Drivers who require a diabetes, or vision exemption to safely drive a commercial motor vehicle are disqualified until they receive such an exemption.

Most commercial drivers are required to have commercial drivers’ licenses (CDL).  The CDL regulations provide that “no person shall operate” a Commercial Motor Vehicle (CMV)s before passing the written and driving tests required for that vehicle (§383.23(a)(1)).

Insurance.

An accident attorney can explain Pennsylvania’s  “modified comparative negligence” rule, where an individual can still recover damages in a personal injury lawsuit, but the amount of compensation will be reduced by an amount that is equal to their percentage of fault.

Personal injury.

An experienced accident attorney knows how to address the nuances of various accident claims, providing strong case legal arguments in court that support higher monetary award requests. They can utilize expert testimony by accident scene re-constructionists, financial professionals, and medical professionals who can convey the need for higher  awards based on catastrophic injury  requiring lifelong medical treatment, prolonged pain, and suffering, and continued negative impacts to financial stability caused by diminished, or lost present and future earnings.

Hire legal counsel.

Experienced truck and bus accident attorneys can build strong cases with supporting evidence, and objectively speak on a victim’s behalf in court, or with an insurance company’s legal team to yield a positive result.  An experienced accident lawyer at Scanlon & Wojton will fight for accident victim’s rights.

Scanlon & Wojton, Attorneys at Law

The Mitchell Building
304 Ross Street, Suite 510
Pittsburgh, Pa 15219

Phone:  (412) 918-1241

Fax: (412) 235-7275

Sources.

https://www.fmcsa.dot.gov/faq/what-medical-conditions-disqualify-commercial-bus-or-truck-driver

https://patch.com/pennsylvania/pittsburgh/15-million-lawsuit-filed-over-deadly-pa-turnpike-bus-truck-crash

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.085.053.000..HTM

https://www.dot.state.pa.us/Public/DVSPubsForms/BMV/BMV%20Forms/AA-600.pdf

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.055.024.000..HTM

https://www.truckinfo.net/trucking/stats.htm

https://www.fmcsa.dot.gov/regulations/title49/b/5/3/list

https://www.dot.state.pa.us/public/PubsForms/Publications/PUB%20194.pdf

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