Truck Accident Lawyers in Scranton

Representing Clients Throughout Pennsylvania

In Pennsylvania trucking companies have a lot at stake. The sheer size of an 18-wheeler will increase the likelihood of serious injuries or fatalities in the event of a crash.

That’s why these firms will immediately dispatch an experienced team of investigators to sift through evidence and extract details most favorable to them. That means finding evidence that could mitigate the fault of the trucker while scouring for comparative fault by other drivers. They know these cases have the potential to cost their company millions.

At O’Malley & Perry Law our experienced truck accident attorneys know well how trucking companies operate, and we know what it takes to beat them. We urge clients – or potential clients – to speak with an injury lawyer as soon as possible after a crash so that we may begin conducting our investigation with your best interest in mind. We are located in Scranton and will travel to you throughout Pennsylvania.

It’s essential that this is done quickly because we aim to gather evidence before it is destroyed. We will thoroughly investigate circumstances of the crash to identify whether there is any negligence on the part of the driver, employer, owner of the tractor, owner of the trailer or the company that contracted to have goods hauled. In many cases, these are all separate entities. With so many competing interests, you must ensure yours are protected.

Some examples of negligence resulting in Pennsylvania trucking accidents are:

  • Driver fatigue
  • Equipment failure
  • Negligent maintenance
  • Overloaded truck
  • Inattention of driver
  • Speeding (often the result of demanding or impossible delivery schedules)
  • Breach of federal regulations
  • Negligent hiring practices

Our Boston truck accident lawyers recognize other road users are at a major disadvantage when involved in a collision with a large truck. These vehicles can weigh up to 80,000 pounds. Anytime someone is involved in a crash with a big rig, delivery truck, garbage truck or any other large commercial vehicle; results are too often catastrophic.

Pennsylvania Truck Accidents

Fatalities from motor vehicle accidents in Pennsylvania has increased by 70 fatalities between 2019 and 2020. With regard to accidents involving large trucks, the National Highway Traffic Safety Association reports there were 133 Pennsylvania truck accident deaths in 2020.

Truck Accident Deaths Were Most Likely to Occur in Philadelphia County, PA.

Nationally, the Federal Motor Carrier Safety Administration reported the number of truck accidents has spiked by 20 percent. Although large trucks are only responsible for about 3 percent of the total number of injurious crashes, these wrecks are more likely to result in greater harm than those involving smaller vehicles simply because of the sheer size and weight of these vehicles.

It’s not uncommon for these companies to reach out immediately to victims with a low-ball settlement offer, trying to strong-arm them into a deal that will absolve the company of future liability. They are counting on the fact that victims are desperate in those early days to cover medical bills and other expenses. One should never speak to a trucking company representative – let alone sign any paperwork – without the involvement of a personal injury lawyer. In most cases, the amount to which truck accident victims are entitled far exceeds the initial settlement offer.

In addition to covering medical expenses, damages can include:

  • Lost Wages
  • Diminished earning capacity
  • Pain and suffering
  • Loss of life enjoyment
  • Pain and suffering
  • Funeral expenses
  • Property damage recovery

In some situations, courts will allow victims of truck accidents to seek punitive damages, which will triple potential awards. Punitive damages are granted in cases where a trucking company’s actions were especially outrageous, and the court deems it necessary not just to compensate the victim, but to punish the wrongdoer. An example would be a company that mocks federal regulations and forces drivers to fudge delivery logs to beat competitors on delivery times. One could make a strong argument that such action was known to cause severe injury or death to other motorists.

Even in cases where trucking accident victims survive, potential injuries and losses noted in 18-wheeler accidents include:

These injuries often require expensive ongoing treatments, including surgery, medication, physical therapy and rehabilitation. Victims often never recover from being the same as they were before. It’s our goal to make sure you receive compensation to which you are entitled to your injuries and losses.

Contact O’Malley & Perry Law today for a free and confidential consultation.

Call (570) 348-3711 – NO FEE UNLESS SUCCESSFUL



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5 Questions You Should Ask Any Pennsylvania Attorney Before You Hire Them to Represent You in Your Car or Truck Accident Case

If you’ve been involved or injured in a car, truck or motorcycle accident, one of the most important decisions you will make in connection with the crash and the aftermath is choosing the right attorney.

Choosing the right lawyer for your situation can result in the loss of thousands of dollars.With regard to motor vehicle collisions it is important to act fast because filing a lawsuit is a time sensitive matter.

Despite this time crunch, you can take your time to make a well-informed decision quickly if you use common sense and ask the right questions of those persons who you are interviewing for the job. While the following questions do not exhaust everything a client may wish to discuss with his or her prospective attorney, it provides a great foundation and will assist most in what can be an overwhelming and stressful process.

1.) Who will actually be handling and “working up” my case?

You should ask exactly who will be handing and working up your case. Additionally, you should request to meet this individual. You deserve to know the experience, qualifications, and position of the specific attorney who will be representing you and/or your family in what may be one of the most important matters of your or their lives.

2.) How long have you practiced law?

As with any job or profession, general experience as an attorney is extremely important.

3.) What types of cases do you handle, and what percentage of your practice is devoted to auto accident injury law?

It is important to know what area(s) of law the attorney practices in. Ask the attorney what types of cases they handle. This is so you know you are dealing with someone who has worked on cases like yours in the past. Ideally, the attorney you hire for your auto accident case focuses his or her practice on primarily on auto accident cases.

4.) Do you have any special training or experience that will benefit my case?

While auto accident injury law does not require specialized training and experience to practice, it is helpful to know if the attorney you are interviewing has any training or experience that may benefit your case. This information could prove vital when trying to decide if one particular attorney is more suited for your matter over another, and, as a result, more likely to obtain a favorable recovery for you.

5.) What is your fee, and what costs do you charge for?

While most auto accident injury attorneys charge on a contingency basis (meaning there is no fee if there is no recovery), and the actual amount of their fee is based upon the value of the claim, not all charge the same rate.

In addition to fees paid to the attorney, most attorneys require that the client bear the “costs” of the case. This can include, among other things, charges by the clerk of court for filing suit, costs of the sheriff for service of pleadings, copy costs, postage, and court reporter fees. It is important to understand what costs you will be responsible for and, more importantly, if you must pay them regardless of the outcome of your case.

In Pennsylvania all lawyers and clients are required to enter into a written fee agreement. Ask you lawyer for the opportunity to review it before your meeting with the attorney for an initial consultation. If you do not obtain a copy before you meet with your prospective attorney for an initial consultation, ask if you can have the opportunity to review it for as long as you need to before signing it.



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7 Common Personal Injury Claims

From auto accidents to medical malpractice, personal injury covers many types of injury that arise from another entities’ negligence. With decades of experience, the personal injury attorneys at O’Malley & Perry have seen almost every type of personal injury claim.



Car accident claims are a very common type of personal injury claim in the U.S. Millions of Americans are injured in car accidents every year. Unfortunately, many of these accidents are the result of the negligence of another driver.


Medical malpractice occurs when healthcare practitioners make mistakes that leave the patient with significant injuries that have a lasting impact on their lives. People injured as a result of medical malpractice are entitled to compensation for their injuries.


Believe it or not, defective products are a relatively common occurrence. Therefore, if that product’s defect directly leads to an injury, the injured party may be entitled to compensation for their injuries.


Many American families could not imagine life without their sweet, canine companions. However, with so many dogs out there, accidents are bound to happen. If a dog bites someone, it is often the owner who is held accountable. Since dog bites are often the result of negligence, dog bite cases are treated similarly to personal injury cases.


Wrongful death claims involve the death of a person due to someone else’s negligence. For example, if a person died after falling down wet, unmarked stairs, their family could be entitled to compensation. This is because the victim’s death resulted from the building owner’s negligence.


The physical demands of the construction industry can, unfortunately, result in relatively severe injuries. While keeping a construction site hazard-free can be difficult at time, it is still the general contractor’s responsibility to try and mitigate risks as much as possible.


Premises personal injury claims occur when someone receives an injury on another party’s property. For example, if the conditions on the property were dangerous, the property owner might owe the victim compensation.

Furthermore, People injured due to hazardous conditions on public or private property could be entitled to compensation for their injuries. Slip and fall accidents are a prevalent form of personal injury claim.
Personal injury lawsuits can get extremely complicated. So, you must have a team of dedicated attorneys on your side. O’Malley & Perry Law, have motivated personal injury attorneys who will work hard to help you put the pieces of your life back together.



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What Does a Civil Litigation Lawyer Do and How Much Do They Cost?

A civil law lawyer is most commonly referred to as a litigator. This is a specific type of attorney that is hired by a client covers a broad range of legal issues or problems. A civil law attorney may specialize in any of the following fields of law:

When to Hire a Civil Attorney

There are several reasons why businesses, individuals and other entities may need a civil attorney. It is not necessarily upon the initiation of a lawsuit. There are many situations where it is important to have an attorney involved prior to the filing of lawsuit for advice and legal counsel. A lawyer can play an important role if you have a legal issue prior to the filing of a lawsuit. 

However, after a lawsuit has been filed, you likely need to hire a civil attorney to represent you. This is especially true when the matter could lead to serious legal consequences, such paying civil fines or a large amount of monetary damages. In such circumstances, it may be necessary to hire a civil attorney.

When a civil lawsuit may result in significant damages or severe consequences and contains complex legal issues, a party should hire a civil attorney in their area.

What to Expect from Your Civil Attorney

When working with an attorney for civil lawsuits, you should expect them to handle all of the major aspects of the lawsuit you are involved with. This is true whether you are the plaintiff or the defendant. The attorney-client relationship will likely begin with a meeting and then either the initiation of a lawsuit or a responsive filing. This is referred to as the pleading stage of the lawsuit.

Thereafter, a civil and/or personal injury attorney can assist in the discovery process. This process may include but not be limited to the following:

  • Deposing essential witnesses;
  • Hiring expert witnesses as needed;
  • Creating a discovery plan;
  • Serving discovery requests to the opposing party; and
  • Filing documents with the court.

If the disputing parties cannot agree on a settlement, or refuse to settle the matter, a civil and/or personal injury attorney can handle the trial process. This may involve:

  • Filing motions during the trial;
  • Arguing on behalf of their client during court sessions;
  • Participating in jury selection;
  • Submitting new evidence under certain circumstances; and
  • Questioning witnesses who are providing live testimony.

Some other examples of what to expect from your civil attorneys include:

  • Assistance in drafting settlement agreements;
  • Filing appeals once the trial has concluded;
  • Filing a separate lawsuit, or joining another party to the existing lawsuit; and

Civil attorneys are also obligated to uphold specific professional, ethical, and legal standards when representing their client. An example of this would be how a lawyer is required to exercise professional judgment on behalf of their client. What this means is that they cannot represent a prospective client whose interests would conflict with those of an already existing client. This also means that they must not accept financial interests from clients other than their standard legal fees. Doing so would be considered accepting a bribe.

Attorney Client Privilege:

Civil attorneys also have a duty to maintain the confidences of a client. This is known as attorney-client privilege and means that the attorney cannot:

  • Disclose case information to outside parties;
  • Disclose a client’s secrets in order to gain personal benefits; and/or
  • Reveal specific details for which a client did not give their consent.

You should expect your civil attorney to inform you of all of your settlement options or resolutions. You should also expect them to honestly assess your chances of success in your lawsuit/litigation or claim. A civil attorney should advise you about how their fee structure works for billing purposes, then bill according to the agreed upon fee structure.

What is a fee structure?

Civil attorneys usually operate on an hourly or contingent fee basis. In Pennsylvania, lawyers are required to have a written fee agreement with their clients. 

Hourly agreement – this means that lawyers bill at an agreed upon hourly rate for their professional services. This is a common type of fee agreement when you are the Defendant in an action. It is also a common type of fee structure in criminal and family law matters. 

Contingent fee agreement – This type of fee structure is one where the lawyer will take a portion of what is recovered upon the resolution of your case. With this type of fee structure, lawyers only get paid if they make a recovery on your behalf. This is a common type of fee agreement in personal injury cases. 

These are the two most common types of fee agreements that exist between clients and attorneys. You should ask your attorney for clarification regarding fee structure during the hiring process. 

Do You Need a Civil Attorney?

If you have had some type of injury, property damage or other civil issue you should consider consulting with experienced and local civil lawyers. It is important that you consult with attorney your area, because they will be best suited to understanding your state’s specific laws regarding the matter. An experienced attorney can help you through every step of the process, and will represent you in court as needed.



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O’Malley & Perry Law Truck Accident Lawyers, Ready to Fight FOR YOU

Scranton Truck Accident Lawyers

As a Scranton truck accident lawyer, O’Malley & Perry Law, will fight for your rights and won’t stop until they’ve secured the compensation you deserve for your pain and suffering. Auto collisions usually result from human error, mechanical failure, drunk driving, or where the company has failed to maintain its vehicles to current inspection standards. Unfortunately, the fault of the collision has to be proven and that’s the duty of the legal team at O’Malley & Perry Law.

It is important to understand that trucking companies have attorneys on staff ready to jump at a moment’s notice to protect the company from liability and expense. That means pushing as much fault away from their driver as possible – as quickly as possible.

Decades of Experience with Truck Accident Cases, Fighting In Your Favor

When deciding on a truck accident lawyer for your case you need to consider the time the firm has been in business as well as the number of years the firm’s lawyers have been practicing. Experience handling these matters is extremely important. The most experienced lawyers know the legal system and can navigate you through the complex truck accident case.

Our firm has over 75 years of combined legal experience.

We understand that you’re looking for a successful representation of clients. It doesn’t matter how long the firm’s been around if it can’t properly represent its clients.

Be sure to read the firm’s reviews and look at third-party sites for the most objective reviews from clients so that you rest assured that you have a law firm that is focused on YOU. You need a firm that returns phone calls, stays in communication with you, ensure your unpaid medical are getting paid, that you’re getting compensation for lost wages, that you aren’t buried in paperwork and who is fighting, in YOUR favor.

“I went to O’Malley & Perry Law after sustaining injuries in an auto accident. I was represented by Matt Perry, who was professional, polite, and kept my best interest in the forefront throughout the experience. Great communication was key as I always felt a part of the process and is if my opinion mattered. My case was complex; yet settled in a very timely and satisfactory manner. Attorney Perry and his highly competent partners are highly recommended.” – Thomas Twardowski

Finding The Right Truck Accident Attorney to Protect Your Rights

The trucking company that employs the at-fault driver has a dedicated team of lawyers working for them. This is exactly why you need an experienced truck accident lawyer working for you. Hiring an experienced law firm will afford you peace of mind as you navigate an extremely difficult process. 

With regard to settlement offers, what may seem like a fair offer to you, is most likely only a fraction of what you’d get by working with an experienced attorney. Remember, the trucking company is going to protect itself from as much liability as possible. You are in a position where you need to fight for your rights. Let our experienced semi-truck accident attorney take step in and fight in your favor.

Our legal team will NOT let you be taken advantage of. We will fight to get you the settlement that you deserve. You are the victim here, so don’t become a victim a second time by letting the truck company’s lawyer take advantage of you.

How do you prove negligence in a truck accident case?

Although companies are required to follow Federal Motor Carrier Safety Regulations (FMCSA) concerning their equipment and their drivers’ hours of service, driver fatigue continues to be one of the most common reasons for these tragedies. Don’t let their mistake get twisted into yours.

After an accident, it’s often necessary to act quickly to preserve evidence. If you are unsure of what to do, you may lose much-needed information. If you hire a truck accident attorney soon after the accident, you will have a much better chance of locating and saving all necessary evidence.

Our Investigation Includes:

  • Determining the level of truck maintenance
  • Drug and alcohol tests
  • A review to confirm adequate insurance coverage
  • A full examination of truck safety markings
  • Weight restriction compliance
  • Adherence with loading procedures
  • Ensuring the company fulfilled safety inspection requirements
  • Accident reconstruction

When our semi-truck accident attorney files a lawsuit against a trucking company, we know that we will need to present evidence that proves negligence. The key to helping you seek justice for the physical pain and emotional duress caused by an accident includes our proving reckless conduct by the driver and/or trucking company.

What should I do after a Semi-Truck Accident in Pennsylvania?

Like in a car accident, it is important to check for injuries immediately after an accident, both your own and those of anyone else involved in the accident such as your passenger or the other drivers involved. If anyone is hurt, call for an ambulance. Afterwards, you should contact the police to report the accident.

Even more than with ordinary car accidents, it’s also important to gather as much information as you can. Exchange information with the other driver, including names, driver’s license information, and the trucker’s company name and contact information. You will also want to get the license plate information and the truck’s DOT number, insurance information, and the information on the truck itself such as it’s make, model and year.

If there are any witnesses, you will want to get their names and contact information. Take pictures of anything involving the scene of the accident you can. The truck. Your vehicle. Skid marks on the road. Any other debris or damage on the road that might have caused – or been caused by – the accident.

How do I know who is liable for a Truck Accident in Pennsylvania?

While most car accidents are straightforward as to who might be liable in an accident, the liability for a truck accident can be a much more complicated affair. Outside of the truck driver themselves, who may be responsible for driving inattentively, in an unsafe manner, or while drowsy or under the influence, there are many others who may hold at least partial liability for a trucking related accident.

The Trucking company itself may be liable if the truck driver was involved in an accident while on the job, if they failed to properly inspect the vehicle, or had pushed the driver to exceed the legal limits on driving speed or time to meet an unreasonable deadline.

The owner of the truck, if it was neither the driver or the company, the manufacturer, if an accident was caused due to defective parts, and loaders who failed to properly inspect or secure cargo may also be partially liable for an accident caused by the results of their failure to properly ensure that an accident would not be caused.

How long do I have to file a lawsuit for a Semi-Truck Accident?

The Statue of limitations for filing a claim for personal injuries in Pennsylvania is two years for this type of lawsuit.

While this may seem like a long time it is important that you contact an attorney right away when you’ve been in a truck or auto accident. More than in many other types of accidents, evidence about accidents involving large trucks has a tendency to disappear if it is not immediately collected.

An Attorney specializing in these kinds of cases will know which kinds of evidence you will need to find or request to support you in your case, and will help you to acquire them in a timely manner before they are lost.

How are Semi-Truck Accidents different than normal car accidents?

The most obvious difference between accidents with large trucks and other vehicles is the sheer scale. Injuries and damages from accidents involving Semi-Trucks tend to be significantly greater than when only smaller vehicles are involved, based on the sheer size and weight of the trucks and their cargo. During normal car accidents, the vehicles are usually pretty close in size, so your car can offer a degree of protection it just can’t against a much larger vehicle.

There are also additional complications towards investigating the accident. A trucking company is obligated to keep logs of the state of their vehicles and their use, but these logs are often only kept for a few weeks. If an immediate investigation or request to preserve that information is not made, it can be potentially lost forever, making investigating the accident much more difficult.

What are the most common causes of Semi-Truck accidents?

A great deal of Semi-Truck related accidents are caused by driver error. This includes poor decision making such as speeding, following other vehicles too closely, or failing to pay sufficient attention to their surroundings because of fatigue or distractions. Other common factors of accidents with large trucks include mechanical problems, like errors with the brakes, and unexpected traffic flow interruptions or the need for a sudden stop.

Many accidents are also caused when a driver is unfamiliar with the area they are driving in. A mistake that could be recovered from with an ordinary vehicle can often result in a devastating accident when a large truck is involved.

How much are truck accident cases worth?

Though individual cases vary widely, the scale of truck accidents often leading to devastating injuries and significant damage have caused them to often be much larger than other cases.

Though there are often relatively small cases when an accident was not caused primarily through the fault of the truck driver or trucking company, many claims relating to large trucks have often reached settlements approaching or significantly passing $1,000,000.

What kind of injuries do people usually get from Semi-Truck Accidents?

Due to the sheer size and weight of the vehicles involved, accidents involving Semi-Trucks often result in devastating injuries.

Disfigurement, brain injuries, broken bones, spinal cord injuries and significant muscle and soft-tissue injuries are all possible injuries from an accident involving a Semi-Truck, if the victim manages to survive. Tragic fatal injuries are also not uncommon in more severe accidents.

Accidents involving a semi-truck are among the most serious and most deadly in the United States. An experienced Scranton based semi truck accident lawyer has a thorough understanding of commercial vehicle regulations on both the federal and state level for Pennsylvania.

You may not have considered this, however hundreds, of truck accidents, occur in the greater Scranton area. 

Whether you commute every day on the Scranton Expressway or leave for a weekend in the country by taking Interstate 81, it is highly likely you have encountered numerous commercial or semi-trucks along your drive.

Have you or a loved one been hurt in a Truck Accident?

Experienced semi-truck accident lawyers will represent your interests fully so that you can focus on your important recovery needs. Additionally, they will help you get the compensation you deserve, in your favor, whether you’re the victim or a surviving family member.

Since trucks are so much heavier than passenger vehicles, they can cause more damage during accidents. Truck accident injuries are often severe or even disabling. For victims, it’s essential to obtain adequate compensation to cover short-term medical expenses and long-term losses. These could include lost earnings and ongoing healthcare costs that an experienced truck accident attorney knows how to negotiate for you.

The insurance company providing coverage to the trucking company may be eager to settle your claim quickly for a relatively small amount. An attorney can help you understand the types of compensation available. Plus, he or she can evaluate all of your losses – now and in the future. Together, you can then determine what kind of settlement would be appropriate.

A Truck Accident Lawyer Brings Peace of Mind

The firm proudly provides excellent customer service that sets them apart from other personal injury lawyers, medical malpractice lawyers, and truck accident attorneys.

Call us today to schedule a free, no-obligation consultation with our offices to discuss your options and start the claim process. In the aftermath of a truck accident, an aggressive lawyer like the ones from O’Malley & Perry protect your interests fiercely. You can reach us at 570-348-3711 for a free consultation and speak with a dedicated car accident, motorcycle accident, and truck accident attorney.

As experienced attorneys, we can help you evaluate the facts, assess your options, and manage the legal challenges. We help you recover damages for your loss, in your favor, so that you can focus on your recovery.



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Trucking Accidents Statistics and Common Causes

A loaded 18-wheeler truck can weigh upwards of 80,000 pounds as it is rolling down the road. Given the dramatic difference in size and weight between an 18-wheeler and a car, passengers in a motor vehicle will likely experience catastrophic injury or death when an 18-wheeler collides with a car, even at speeds far slower than would normally be expected. This is because of the basic principle that force equals mass times acceleration. The mass of an 18-wheeler is far greater than that of a car and its passenger, and the forces applied by an 18-wheeler even at lower speeds often have devastating consequences. The Northeast Pennsylvania truck accident lawyers of O’Malley & Perry Law, are experienced in 18 wheeler accident cases and can pursue damages on your behalf. Unlike other injury attorneys, we are prepared to go to trial if you’ve been injured as a result of a truck driver’s carelessness in the event that a fair settlement cannot be reached on your behalf. The Federal Motor Carrier Administration reported 78, 268 crashes involving large trucks in 2019, with 2,148 of those crashes resulting in fatalities.

Source: FMCSA – Crash Statistics.

Regarding the cause of large truck wrecks, The Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration identified the following top common 10 factors in large truck accidents involving injury or death: brake problems; traffic flow interruption (congestion, previous crash); prescription drug use; traveling too fast for conditions; unfamiliarity with roadway; roadway problems; required to stop before crash; over the counter drug use; inadequate surveillance; and fatigue.

Source: FMCSA – The Large Truck Crash Causation Study – Analysis Brief.

At O’Malley & Perry Law, our Northeastern Pennsylvania truck accident attorneys and legal staff have significant experience in handling truck accidents and obtaining results for our clients. Trucking accidents are often complex, and it takes hard work from start to finish to prevail. From the outset, our team will hire the necessary expert witnesses to properly document the scene and the vehicles involved. Expert witnesses will also pull the “black box” data and obtain all other available electronic information available.

Additionally, our attorneys and legal staff aggressively pursue all responsible parties on our client’s behalf. Often times, the list of responsible parties for a trucking accident is quite long, as trucking companies often enter into complex business arrangements with other companies who can be responsible for maintaining the trucks, dispatching the trucks, auditing the drivers, and monitoring the locations of the trucks as they travel across the country. Depending on the cause of the accident, these entities can be responsible for the damages caused in a trucking accident alongside the truck driver and the truck driver’s employer. Were the tires on the truck improperly maintained? Were the driver’s logs incomplete? Had the dispatcher failed to properly monitor how long the driver had been on the road? Was the load improperly positioned on the trailer?

For these reasons and many others, it is important to hire experienced truck wreck lawyers serving the Scranton – Wilkes- Barre area, and O’Malley & Perry has the experience. If you or a loved one has been seriously injured or killed due to a trucking accident involving an 18-wheeler or large construction vehicle, contact the Northeast, Pennsylvania, law firm of O’Malley & Perry Law. We can evaluate your case represent you through litigation and trial. We are experienced trucking accident attorneys who represent injured people in Lackawanna, Luzerne, Monroe, Carbon, Wyoming Counties and many other counties throughout the Commonwealth of Pennsylvania.



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Pennsylvania Medical Malpractice Statute of Limitations

If you have been injured as a result of the negligence of a healthcare treatment provider you are likely asking yourself the following important question: “How Long Do I Have To File A Medical Malpractice Lawsuit in Pennsylvania?”

Most states have statutes of limitations that define the amount of time during which an individual can file a lawsuit claiming injury related to medical malpractice, negligence or other personal injury. In Pennsylvania, the statute of limitations on most medical malpractice, negligence or personal injury claims is 2 years.

There are circumstances that change the limitation period for filing a lawsuit, including claims where the victim is a child or minor (Minors Tolling Statute) or when the injured party is unaware in spite of reasonable investigation that their injury was caused by malpractice or negligence (The Discovery Rule.)

The attorneys of O’Malley & Perry have been practicing law in Pennsylvania for over 70 years so we have a lot of experience in identifying and determining how the statute of limitations affects your medical malpractice or personal injury claim.

Pennsylvania Minors Tolling Statute

If a child is injured by medical malpractice before the age of 18, the two-year statute of limitations does not begin to run until the child reaches 18. Thus, a claim for damages related to an injury to a child can typically be filed any time before the individual reaches the age of 20 years.

The Discovery Rule

The Discovery Rule may extend the amount of time in which you have to file a claim in cases of medical negligence or malpractice. If a person is unable despite reasonable diligence to learn that they are injured or that their injury may have been caused by the negligence of a health care provider, the Discovery Rule may apply.

Depending on the amount of time that has passed, The Discovery Rule may allow for the recovery of damages, even if the two-year statute of limitations has already expired.



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Most Car Accident Fatalities By State

The leading cause of death in the United States as of 2019 is car accidents. Many states differ in what type of crashes were the leading cause of death in their areas. Here are some car-related accidents that are most common in each state: side-impact, single-vehicle, multiple-vehicle, and head-on. Despite this, on the other hand, there are also similar causes to these fatal car accidents occurring. Those reasons include speeding, intoxication, distracted driving, auto defects, and bad weather.

The 5 states with the most deaths per 100,000 people were:

  1. Mississippi (22.2)
  2. South Carolina (20.4)
  3. Alabama (19.5) 
  4. Wyoming (19.2)
  5. New Mexico (18.7)

Pennsylvania’s Motor Vehicle Accident Statistics are as follows:

Deaths: 1,190

Fatal Crashes: 1,103

Deaths per 100 Million Miles: 1.17

Total Vehicle Miles: 102109

The source of the above information is Click the link to check out additional motor vehicle accident statistics!



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5 Tips to Help Avoid a Car or Truck Accident

Every time we get behind the wheel of a motor vehicle, each of us has a responsibility to protect ourselves, our passengers, and other motorists by doing all we can to prevent a car accident from happening. Whether you are driving along the Pennsylvania back-roads or on one of the Commonwealth’s many interstate highways, there are driving tips that you should follow in order to help you prevent an car or truck accident:

Limit distractions.

There are numerous distractions in our lives these days, especially in our motor vehicles. Using your cell phone, texting, and fiddling with the radio or GPS should all be done when you are at a complete stop or avoided altogether. Give 100% of your attention to the road. The text message can wait!

Keep a proper lookout for others.

Make certain that your mirrors are in the correct position. Also, take some time to turn around and look before changing lanes or entering the highway to make certain that you are not about to pull out in front of someone. Also, try to avoid the blind spots of other drivers, especially semi-trucks. If you can, limit the length of time that you have to be in their blind spot.

Limit nighttime driving.

No matter how good your eyes are, night driving is still more difficult and comes with a higher risk of accidents. Not only is your visibility reduced when it’s dark out, but also drunk drivers tend to be out on the roads much more during this time. If you have to drive after midnight, make sure you stay extra alert for reckless drivers.

Drive Defensively.

Never just assume that a driver is going to stop or turn. It’s better to assume they may not! For example, when going through a red light, still look both ways to check if anyone is going to run the light. Not only do drunk drivers often run red lights, but so do distracted drivers. Remember, it may be an accident that their turn signal is even on. Better to drive cautiously.

Keep your vehicle in good condition.

Always stay up-to-date with car checkups by taking it to an experienced mechanic in your area. Also, don’t drive on old tires that could blowout at any moment, potentially causing a wreck. Get any odd noises checked out before getting on the highway. Take pride in your vehicle and do all you can to make sure it is running properly.

Unfortunately, the fact remains that sometimes no matter how cautious you are, an accident can still happen. However, by putting these tips into practice you can certainly better your chances of avoiding a car or truck accident.



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7 Common Types of Truck Accidents

Although heavy commercial trucks make up less than 5 percent of all registered vehicles nationwide, the Federal Motor Carrier Safety Administration (FMCSA) reports that more than 13 percent of all fatal crashes on U.S. roadways involved at least one large commercial truck or bus. According to recent data published by the FMCSA there were 273,602,100 registered vehicles in the United States, including 13,233,910 large commercial trucks.
Of all the individuals killed in large truck crashes on American roads, more than 7 in 10 were the occupants of other vehicles – not the large truck. While there’s no denying that we need these multi-ton rigs to keep modern society moving, it’s obvious that they have the potential to be very dangerous.

Below, O’Malley and Perry Law discuss which types of tractor-trailer accident cases we see most frequently and why they occur. If you’ve been injured in a Pennsylvania truck accident, call us or contact us online for a free consultation.

Truck Rollovers

A truck rollover accident is one of the most catastrophic and terrifying wrecks imaginable. Tractor-trailers and other large commercial trucks have a much higher center of gravity than standard passenger cars. Truck drivers must be very careful when going around tight turns or making sudden swerves.

If drivers take turns too sharply or drive too fast for conditions, the trailer may flip and roll the entire truck over onto one side, creating a dangerous and deadly hazard for everyone on the road.

In some cases, rollover accidents happen because truck drivers are behaving recklessly or negligently by speeding, driving while distracted or fatigued, or under the influence of intoxicating substances. In other cases, a truck rollover accident may occur even when truck operators are driving safely and responsibly.

For example, a trailer that was overloaded or improperly loaded by a cargo crew may sway dangerously as it makes its way through a turn. Many rollover accidents happen because of tire blowouts, which may result from improper maintenance of tires or due to design or manufacturing defects.

Rear-End Collisions

In rear-end truck accidents, the enormous difference in size and weight between a large commercial truck and a standard car can easily lead to passenger vehicles being crushed upon impact. Tractor-trailers are heavy and slow to maneuver, so truck drivers need much more time and distance to slow down, avoid road hazards, or come to a safe stop behind other vehicles.

When truck drivers are distracted, speeding, or tailgating, their negligence can lead to devastating rear-end accidents with other vehicles. Impaired driving and driver fatigue are also common causes of rear-end accidents. Inexperienced truck drivers – or those in a hurry – who fail to observe the FMCSA-recommended following distances also create hazards when they do not leave themselves enough time and space to slow or stop.

Head-On Collisions

When drivers are reckless, negligent, or simply lose control of their vehicles, they can drift out of their lane and straight into the flow of oncoming traffic. Head-on collisions may also happen at red lights, stop signs, or other intersections when drivers fail to observe the proper right-of-way.
A truck may collide head-first with another vehicle for a variety of reasons. The truck driver may be fatigued from long hours trying to meet demanding quotas and slowly gravitate into opposing lanes as they nod off. Operators may also be driving under the influence of alcohol or illegal drugs. They may experience a mental crash following excessive OTC stimulant use and drift toward oncoming traffic by accident. Tire blowouts that commonly lead to rollover accidents may also cause drivers to lose control and swerve unexpectedly into other lanes, increasing the likelihood of a head-on wreck.

Jackknife Accidents

Jackknife accidents occur when large trucks with articulated joints between the tractor and its attached trailer make improper turns or braking maneuvers, and the resulting force causes the trailer to swing wide around its pivot point to create a shape like a folding jackknife. This type of wreck is especially dangerous due to the sheer unpredictability of a skidding trailer, which may strike nearby vehicles and carry them along as the truck bulldozes its way through traffic.

The most common cause of jackknife accidents is truck drivers braking improperly. When truck drivers brake too quickly or too hard in inclement weather conditions, the tractor can slow down faster than the trailer it is towing. This can result in a fishtailing motion by the trailer. The back of the trailer may then skid out to one side and cause a jackknife.

Taking turns too quickly can lead to similar situations. Even if a jackknifed trailer manages to avoid colliding with other vehicles before it comes to a stop, incoming traffic may still crash into the resulting road obstacle and cause multi-car pileups.

T-Bone Accidents

T-bone accidents, also known as side-impact or broadside crashes, occur most frequently at intersections. Tractor-trailers and other large trucks traveling through intersections at perpendicular angles sometimes run red lights, ignore stop signs, or otherwise violate the proper right-of-way and end up colliding with the sides of other cars, creating a “T” shape.

These wrecks tend to be especially devastating for drivers or passengers located on the side of the vehicle that absorbs the impact of a T-bone crash. Truck drivers who are speeding, distracted, drowsy, or intoxicated may illegally run through intersections and cause T-bone wrecks. A T-bone crash can also happen when a truck driver makes an improper turn across one or more lanes of traffic, causing other vehicles to slam into the side of the cab or trailer.

Sideswipe Accidents

A sideswipe truck accident is similar to a T-bone collision, except cars that collide in sideswipe accidents are generally traveling side-by-side in the same direction when they crash. In many cases, sideswipe accidents between trucks and passenger cars occur when commercial drivers fail to adequately check their many blind spots before changing lanes or merging into traffic.

In other cases, truck drivers may lose control of their vehicles because of tire blowouts, road obstacles, intense wind, or other inclement weather. Distracted, drunk, drugged, or fatigued drivers may also simply lose focus on the road and drift into nearby cars in adjacent lanes.
These accidents are particularly dangerous because a sideswiped car may be forced sideways into other lanes of parallel traffic, causing multi-vehicle pileups and even more damage.

Wide Turn Accidents

Right-hand turns are usually tighter than left-hand turns, so truck drivers must navigate these maneuvers with special caution. Sometimes, truck operators attempt to make right-hand turns by first swinging their cabs wide to the left, then circling through a right-hand turn to avoid the “right turn squeeze” that occurs when trailers do not have enough space to make proper right turns. However, this creates a dangerous situation for vehicles in neighboring lanes, which may crash into the trailer or even get caught underneath the truck as it swings left.

Instead of veering left, the FMCSA recommends that truck drivers should instead travel straight through to the farthest lane of the road onto which they’re turning, then complete the turn by maneuvering rightward into the closest available lane. This kind of turn still requires drivers to safely judge the amount of time and clearance they have but is generally much safer. Truck drivers who neglect to follow this safety advice, or otherwise make unsafe wide turns because they are distracted, drowsy, or intoxicated, may cause severe injuries in wide turn accidents with other vehicles.

Contact a Pennsylvania Semi-Truck Accident Attorney Today

No matter which kind of truck accident caused your injuries, you shouldn’t be held financially responsible for damages that occurred through no fault of your own. With the help of an experienced Scranton truck accident attorney, you can pursue the compensation you deserve in a truck accident insurance claim or lawsuit.

At O’Malley & Perry, our relentless team is exclusively focused on helping Pennsylvania residents whose lives have been upended by catastrophic personal injuries. We understand that an unexpected injury from a commercial vehicle accident can affect your entire world for as long as you live, so we’re happy to provide full-service assistance to all of our clients. Whether you need strong representation in court, basic legal advice, or even some help finding a doctor who will treat your injuries, the team at O’Malley & Perry is here to assist you.

We never charge legal fees unless and until we win compensation for you, so you assume no risk whatsoever in seeking our help. Feel free to call or text us anytime, even after normal business hours to start your free, no-obligation consultation.



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