Tag: truck accident attorneys

When we get behind the wheel, we assume that other drivers on the road are following the same safety guidelines, including having the necessary insurance coverage. However, that assumption may be dangerously wrong. Unfortunately, the number of uninsured drivers and underinsured drivers is on the rise, leaving responsible drivers exposed to significant financial risks.

In the unfortunate event of an auto accident, the financial aftermath can be devastating, especially if the at-fault driver is inadequately insured or worse, not insured at all. Understanding how to shield yourself from uninsured drivers is crucial for safeguarding your finances and ensuring peace of mind. Thankfully, there are effective measures to protect yourself from these risks, with one of the most potent being the acquisition of uninsured and underinsured motorist (UM/UIM) coverage.

The Growing Problem: Uninsured Drivers and Underinsured Drivers

The issue of auto accidents involving uninsured and underinsured drivers is a growing concern across the United States. It’s important for all drivers to be aware of this trend and take steps to protect themselves.

Across the United States, the number of uninsured drivers is increasing. According to the Insurance Information Institute, “a 2023 report by the Insurance Research Council found that 14% of motorists, or about one in seven drivers were uninsured.”

Even more troubling – the number of underinsured drivers with insurance but insufficient coverage limits to pay for serious auto accident injuries or damage also continues to rise. According to a 2023 report from the Insurance Research Council, 15.7% of drivers in the U.S. have insufficient coverage. Several factors contribute to this alarming trend, including rising insurance premiums, economic challenges, and lapses in coverage.

Liability Limits Fall Short in Many States

In many states, including Pennsylvania, the liability limits required by law are simply too low to cover all the costs associated with a serious auto accident. According to the Pennsylvania Department of Transportation, all motor vehicles subject to registration must have liability insurance. You are complying if you have liability insurance in PA in the following amounts:

  • $15,000 for injury or death of one person in an accident
  • $30,000 for injury or death of more than one person in an accident
  • $5,000 for damage to the property of another person

Those amounts are deficient by today’s standards, leaving thousands of Pennsylvanians driving without adequate coverage. This can be devastating in the event of a car accident.

Uninsured Motorist (UM) &Underinsured Motorist (UIM) Coverage

Relying on other drivers to carry adequate coverage is insufficient to protect yourself financially. This is where Uninsured Motorist (UM) coverage and Underinsured Motorist (UIM) coverage become essential.

Uninsured Motorist (UM) Coverage protects you in cases where you are hit by a driver who has no insurance at all. This could be a hit-and-run accident or an accident with a driver who neglected to purchase insurance.

Underinsured Motorist (UIM) Coverage comes into play when the at-fault driver has some insurance, but their policy limits are too low to cover the full extent of your losses. For example, if you were involved in an accident where the other driver had the state minimum coverage of $15,000 and your injuries and damages totaled $50,000, UIM coverage would help bridge that gap.

Together, UM and UIM coverage are designed to protect you in situations where the responsible party either has insufficient liability coverage or no coverage at all. These coverages can be a financial lifeline after a serious car accident.

Why Minimum Liability Limits Are Insufficient

It’s important for many drivers to realize that the minimum liability limits mandated by their state may not be sufficient to cover the costs associated with a severe accident. Costs associated with medical expenses, vehicle repairs, lost wages, and pain and suffering can quickly accumulate. If the at-fault driver’s liability coverage is insufficient, these costs may end up on your plate.

Having adequate UM/UIM coverage is not just a precaution, it’s a proactive step towards shielding yourself from these financial risks.

Tips for Checking Your Insurance Policy

Reviewing your auto insurance policy carefully is essential to ensure you’re adequately protected. Here are a few tips for checking your coverage:

  1. Review Your Current Liability Limits: The first step is to examine your existing coverage closely. What are your current liability limits for bodily injury and property damage?
  2. Check for Uninsured and Underinsured Motorist Coverage: While UM/UIM coverage is required in some states, it may be optional in others. If you’re not sure whether you have this coverage, now is the time to check your policy documents. If you don’t have UM/UIM coverage, consider adding it.
  3. Assess Your Coverage Limits: Just like liability coverage, your UM/UIM coverage comes with limits. Evaluate whether your current UM/UIM limits are high enough to protect you in the event of a serious accident.
  4. Consider Additional Coverage: In addition to UM and UIM, you should review your First Party Benefits also known as Personal Injury Protection (PIP) which includes medical benefits, income loss benefits, accidental death benefits, funeral benefits, and provide coverage regardless of fault .

Speak with Your Insurance Agent

Insurance policies can be complex, and it’s easy to overlook important details. That’s why speaking with your insurance agent is an excellent idea to ensure you’re adequately covered. Ask your agent to explain the details of your UM and UIM coverage and inquire about the cost of increasing your coverage limits. Many agents can provide personalized advice based on your driving habits, risk factors, and budget. Ask questions or request a policy review to ensure you’re fully protected.

Shopping Around for Better Rates

If you find that your current insurance policy doesn’t offer adequate UM/UIM coverage or if you’re concerned about the cost, it may be time to shop around for a better rate. The insurance market is competitive, and many companies offer discounts or lower premiums for drivers who bundle policies, have a clean driving record, or take advantage of safety features like anti-theft devices or telematics programs.

Be sure to compare quotes from multiple insurers and review their coverage options to find a policy that offers the protection you need at a price you can afford.

Protect Yourself from Uninsured Drivers

With the rise of uninsured and underinsured drivers, protecting yourself on the road is more important than ever. Minimum liability limits in many states are insufficient to cover the full cost of damages in a serious auto accident, leaving you financially vulnerable if the at-fault driver lacks sufficient coverage.

By purchasing Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage, reviewing your policy, and speaking with your insurance agent, you can ensure you’re adequately protected. Taking the time to assess your coverage now can save you from potentially devastating financial consequences down the road.

Contact Distasio, Kowalski & Yelen if You’ve Been Injured in an Auto Accident

The DKY Auto Accident Firm can ensure you get the best representation and compensation for your injuries in the event of a serious accident. DKY Law’s experienced car and truck accident attorneys are available to meet with you to discuss the best course of action after an auto accident.

 

Michael J. Kowalski, a partner with DKY Law Firm, has been representing individuals and their families in personal injury matters for 30 years. These include cases involving medical malpractice, medical errors, birth injuries, and auto and truck accidents, among others. If you are injured, you want Attorney Kowalski and the DKY Law Firm fighting for you. Contact Attorney Kowalski today

 

Jeffrey A. Yelen, a partner with DKY Law firm, has been representing clients with a broad range of legal issues for over 25 years.  These include cases involving Elder Law, Personal Injury, Medical Malpractice, Workers Compensation, Wills, Trust & Estates and Powers of Attorney and the general practice of law.  If you are injured, you want Attorney Yelen and the DKY Law Firm fighting for you. Contact Attorney Yelen today.

 

truck-accidentsTwo safety regulators, the NHTSA and the FMCSA, have proposed a joint rule to help reduce large truck crashes. The rule would require large trucks and buses to be equipped with speed limiting devices. The proposal would affect all newly manufactured trucks, school buses and multipurpose vehicles with a gross vehicle weight of 26,000 pounds or more. Each vehicle would be required to have its device set to a specified speed.

Safety administrations feel that this truck speed limiting safety measures could affect force of impact in the event of a crash and could save lives. The proposal addresses the benefits of setting maximum speeds of 60, 65 and 68 miles per hour. According to the Wall Street Journal, the government agencies said that capping the speeds on new large vehicles would reduce the 1,115 fatal crashes involving large trucks that occur each year. The speed limiting devices could also save $1 billion in fuel costs.

Studies in the proposal examined the relationship between travel speed and crash severity. It was concluded that the severity of a crash increases with increased travel speed. Furthermore, research found that the effect of this kinetic energy in a crash is particularly relevant for combination trucks, such as tractor-trailers, due to their large mass. Higher speeds also affect the brake time of trucks,  significantly increasing the distance it takes to come to a stop.

Researchers studied truck crashes that occurred between 2004 and 2013 where speed likely contributed to the severity of the crash. During that time period, safety administrations estimated that truck crashes resulted in 10,440 speed-related fatalities.

Large Truck Crash Statistics

The NHTSA Truck Safety Facts 2014 Data released earlier this year found that in 2014, there were 3,903 people killed in crashes involving large trucks. An estimated 111,000 people were injured in large truck crashes. This was an increase of 17 percent over the previous year. 73 percent of those people killed in large truck crashes were the occupants of other vehicles. With these facts, any measure that safety administrators can implement and enforce to reduce truck accidents and protect lives should be taken.

As truck and car accident lawyers who see the devastation and traumatic injuries caused by large truck accidents, we feel it’s important that this be addressed. Read the entire proposed trucking rule.

If you or a loved one have been injured in a truck accident, call the truck accident attorneys at Distasio Kowaslski in Wilkes-Barre today at 570-970-5400. You need an attorney who is experienced at litigating truck accident cases and fighting for the injured.

 

 

Close call imminent crash accident with a tractor trailer truck viewed from inside a passenger car with scared driver face in rear view mirror
Close call imminent crash accident with a tractor trailer truck viewed from inside a passenger car with scared driver face in rear view mirror

73% of all fatalities in a truck accident in 2014 were the occupants of other vehicles, according to the NHTSA. The immense size and weight of large trucks can result in devastation for a passenger vehicle and its occupants when it comes to a collision. This is especially true in the event of truck underride crashes.

Few truck accidents are more destructive than those that involve a passenger car getting lodged underneath a large semi-truck. The bed of a trailer is often higher than the hood of a standard car. In an underride or undercarriage crash, a car goes partially or completely under a truck or trailer. This dramatically increases the chance of severe injury or death. A car can go under the rear of a truck or may also get lodged under the side of a truck or tractor-trailer. This is referred to as a side underride crash.

Large trucks and semitrailers are required to have undererride guards. They are large steel bars that hang from the rear of a truck to prevent a passenger vehicle from getting lodged underneath in the event of a truck collision. Truck underride guards are not currently required on the sides of large trucks or on the rear of smaller trucks, such as garbage trucks.

Even in a low speed collision, a passenger vehicle can become lodged under a tractor-trailer. This happens often if the proper guards are not in place or if there are not adequate guard safety standards. Some existing guards are just not strong enough to prevent a car from sliding underneath the truck. Side underride collisions most often occur when a truck driver is attempting to turn across traffic onto a street, attempting a U-turn or backing across traffic. The driver of a passenger vehicle may not see the truck in its path until it is too late and a collision is unavoidable.

The top of the passenger vehicle is often ripped off or crushed in a truck underride crash. This often causes severe head and neck injuries or death to the passengers inside. Truck underride crashes also occur with bicyclists who don’t see a truck turning, crash and become lodged under the truck.

The NHTSA has issued improved rear safety guard standards for newer model large trucks. These standards are often not required on older model trucks. Existing guards may also not offer complete protection when a car crashes into one of the rear corners of a tractor-trailer. While lethal side underride crashes continue, there is still no law requiring side guards. Safety advocates have petitioned the NHTSA to strengthen laws and implement a new standard for underride guards. The NHTSA is moving slowly in taking action and implementing stronger truck underride guard standards.

How to prevent fatal truck underride crashes

There’s much that can be done to protect passenger car occupants from the dangers of truck underride crashes. This includes strengthening existing truck underride guards that might not be adequate in high-speed crashes. Expanding requirements to include guards on older model trucks will also help to prevent these deadly crashes. Legislation requiring side guards for all large trucks should be implemented as well.

If you or a loved one have been injured in a truck underride accident, call the truck accident attorneys at Distasio Kowaslski. Call the attorneys in Wilkes-Barre today at 570-970-5400. You need a lawyer who is experienced at litigating truck accident cases and in dealing with their insurance companies. The attorneys at Distasio, Kowalski & Yelen serve the Wilkes-Barre, Scranton and Hazleton area in NEPA.