Frequently Asked Questions About Pennsylvania Truck Accidents

If you or a loved one was injured in a truck accident in Pennsylvania, you likely have many urgent questions. Attorney Michael Siddons answers the most common truck accident questions below. For a free consultation about your specific case, call (215) 513-2121.

How long do I have to file a truck accident lawsuit in Pennsylvania?

Pennsylvania has a two-year statute of limitations for personal injury claims, including truck accidents. The clock starts running from the date of the accident. For wrongful death claims, the two-year period begins from the date of death, which may differ from the accident date. However, you should contact an attorney immediately because critical evidence like electronic logging device data, dash cam footage, and truck maintenance records can be destroyed or overwritten within days or weeks of the accident. Early legal action allows your attorney to send preservation letters to the trucking company demanding they retain all evidence.

Who can be held liable in a truck accident case?

Multiple parties often share liability in truck accident cases, which is one of the key differences from car accident claims. Potentially liable parties include the truck driver for negligent driving such as speeding, distraction, or impairment. The trucking company may be liable for negligent hiring, inadequate training, pressuring drivers to violate hours-of-service rules, or failing to maintain vehicles. The truck or trailer manufacturer can be held responsible for defective brakes, tires, or other components. The cargo loading company may be liable if improper loading caused the accident. Maintenance companies that performed negligent repairs can also bear responsibility. Our firm investigates every potential source of liability to maximize your recovery.

What is the average settlement for a truck accident in Pennsylvania?

Truck accident settlements vary dramatically based on injury severity, evidence strength, and the number of liable parties. Minor injury cases may settle in the tens of thousands, while catastrophic injury cases involving brain injuries, spinal cord damage, or wrongful death regularly result in settlements and verdicts in the hundreds of thousands to millions of dollars. Truck accident cases generally produce higher compensation than car accident cases because injuries tend to be more severe, commercial insurance policies carry much higher coverage limits, and FMCSA regulation violations provide strong evidence of negligence. The best way to understand what your specific case may be worth is to consult with an experienced truck accident attorney who can evaluate your injuries, evidence, and potential liable parties.

Should I talk to the trucking company’s insurance adjuster?

No. You should never provide recorded statements to the trucking company or its insurance carrier without first consulting an attorney. Insurance adjusters contact accident victims quickly, often while they are still in the hospital, specifically to obtain statements that can be used to minimize or deny claims. They are trained professionals whose job is to protect the trucking company, not to help you. Common tactics include asking leading questions designed to elicit admissions of fault, requesting broad medical authorizations to search for pre-existing conditions, offering quick lowball settlements before you understand the full extent of your injuries, and recording conversations without clearly explaining how statements will be used. Let your attorney handle all communications with the insurance company from the start.

What evidence is important in a truck accident case?

Truck accident cases involve unique categories of evidence that do not exist in car accident claims. Critical evidence includes the truck’s electronic logging device showing the driver’s hours of service and whether rest requirements were violated, GPS and telematics data showing speed, braking, and route information, the driver’s qualification file containing their driving record, medical certifications, and training history, drug and alcohol testing results from post-accident screening, vehicle maintenance logs and pre-trip inspection reports, the truck’s event data recorder or black box capturing data from the moments before and during the crash, dash cam footage from the truck and any surrounding vehicles, traffic camera and surveillance footage from nearby businesses, the trucking company’s safety record and FMCSA compliance history, and shipping documents and cargo weight records. Much of this evidence is controlled by the trucking company and can be lost or destroyed if not preserved quickly through legal action.

How is a truck accident case different from a car accident case?

Truck accident cases are fundamentally more complex than car accident claims in several important ways. Federal regulations from the FMCSA impose extensive safety requirements on commercial carriers that do not apply to passenger vehicles, and violations of these regulations create powerful evidence of negligence. Multiple liable parties may include the driver, trucking company, vehicle manufacturer, maintenance provider, and cargo loader. Commercial trucking insurance policies typically carry much higher coverage limits than personal auto insurance. The severity of injuries is generally greater due to the massive size and weight difference between trucks and passenger vehicles. Electronic evidence from the truck’s onboard systems provides detailed data about driver behavior and vehicle conditions. Trucking companies deploy rapid response teams to accident scenes to protect their interests, making early legal representation critical. These complexities demand an attorney with specific experience in trucking accident litigation and federal motor carrier regulations.

What are FMCSA regulations and why do they matter?

The Federal Motor Carrier Safety Administration is the federal agency that regulates the commercial trucking industry. FMCSA regulations establish hours of service limits that restrict how long drivers can operate without rest to prevent fatigue-related accidents, vehicle maintenance and inspection requirements ensuring trucks are mechanically safe, driver qualification standards including commercial driver’s license requirements and medical certifications, mandatory drug and alcohol testing programs, cargo securement rules preventing shifting or falling loads, and insurance coverage minimums for commercial carriers. When a trucking company or driver violates any of these regulations and an accident occurs, those violations serve as strong evidence of negligence in your lawsuit. Our attorneys are well-versed in FMCSA regulations and use violation evidence to build compelling cases for our clients.

What should I do immediately after a truck accident?

The steps you take immediately after a truck accident can significantly impact your ability to recover compensation. First, seek medical attention immediately, even if you feel your injuries are minor, as adrenaline can mask serious conditions and delayed treatment can be used against your claim. Call 911 to ensure a police report is created documenting the accident. If you are physically able, photograph the scene including the truck, your vehicle, the roadway, any skid marks, traffic signals, and the truck’s DOT number and company name displayed on the door. Get contact information from any witnesses. Do not give any recorded statements to the trucking company or its insurance adjuster. Do not sign any documents provided by the trucking company or insurer. Contact an experienced truck accident attorney as soon as possible to begin evidence preservation and protect your rights.

Can I still recover compensation if I was partially at fault?

Yes. Pennsylvania follows a modified comparative negligence rule under 42 Pa. C.S. 7102. This means you can recover compensation as long as your percentage of fault does not exceed 50 percent. Your compensation will be reduced by your percentage of fault. For example, if you are found 20 percent at fault and your damages total one million dollars, you would recover eight hundred thousand dollars. Trucking companies and their insurers frequently try to shift blame onto accident victims to reduce their liability. An experienced attorney will counter these tactics and fight to minimize any fault attributed to you.

How long does a truck accident case take to resolve?

The timeline for resolving a truck accident case depends on several factors including the complexity of the case, the severity of injuries, the number of liable parties, and whether the case settles or goes to trial. Simpler cases with clear liability may settle within several months to a year. Complex cases involving catastrophic injuries, disputed liability, or multiple defendants can take two years or longer. It is important not to rush settlement, particularly when injuries are severe, because you need to reach maximum medical improvement before you can accurately value future treatment needs and long-term impacts on your life.