Truck vs. Pedestrian Accident Lawyer — Serious Injury & Wrongful Death
When a tractor-trailer or large delivery truck strikes a pedestrian, the outcome is rarely survivable — and is almost always preventable. Right-turn squeeze maneuvers, blind-spot failures, distracted driving, and inadequate FMCSR-required visibility equipment cause the catastrophic majority of these crashes. Siddons Law Firm represents seriously injured pedestrians and the families of those killed in truck-vs-pedestrian crashes across Pennsylvania, New Jersey, New York, and Maryland.
Key Takeaways — Truck vs. Pedestrian Crashes
- Right-turn squeeze (truck turning right across a pedestrian crosswalk) is the most common urban truck-pedestrian crash mechanism — and one of the most preventable through proper mirror use and pre-turn visual sweep.
- Blind-spot strikes in parking lots, distribution-center yards, and at loading docks produce a steady caseload of pediatric and elderly pedestrian fatalities.
- FMCSR (49 CFR Parts 350-399) governs commercial-vehicle conduct; Part 393 covers required mirrors, lighting, and visibility equipment.
- Pedestrian-strike serious-injury cases satisfy every state’s noneconomic-damages threshold: PA §1705(d), NJ §39:6A-8(a), NY §5102(d), MD §11-108 cap.
- Federal financial responsibility under 49 CFR §387.9 is $750,000 to $5 million; pedestrian-fatality cases typically reach the policy ceiling and beyond.
Why Truck vs. Pedestrian Crashes Tend to Be Catastrophic
The mass and geometry of a tractor-trailer make pedestrian impact almost always catastrophic. The vehicle’s front bumper sits at adult-pelvis height, the front grille at chest-and-head level. Initial impact strikes the pelvis and lower extremities; secondary impact (the pedestrian thrown onto the hood or under the wheels) produces TBI, internal-organ trauma, and spinal cord injury. Tertiary impact — the pedestrian struck by the rear wheels or trailer wheels — frequently produces fatal crush injury.
For larger straight trucks and box trucks, the geometry is even worse. The driver’s eye position is high enough that pedestrians close to the front of the truck are below the driver’s sight line, and FMCSR-required convex mirrors do not always provide adequate close-quarter visibility. The right side of the truck has a particularly long blind spot extending two lanes wide.
Most Common Truck vs. Pedestrian Crash Profiles
- Right-turn squeeze — truck turning right across a pedestrian crosswalk; pedestrian visible from the cab if the driver had checked but invisible during the turn execution.
- Backing crashes — at distribution centers, loading docks, and (despite federal backup-warning requirements) on city streets.
- Distribution-yard strikes — workers on foot in proximity to maneuvering trucks.
- Distracted-driver direct strikes — phone, GPS, paperwork while in motion.
- Drug/alcohol-impaired strikes — testing-positive results trigger punitive-damages exposure.
- Inadequate-lighting strikes — pre-dawn and dusk crashes where the truck’s required lighting was missing or non-functional under FMCSR §393.11.
FMCSR Liability Framework
- 49 CFR §392.7 — pre-trip equipment inspection (including mirrors and lighting).
- 49 CFR §393.80 — required rear-vision mirrors.
- 49 CFR §393.11 — required lighting devices.
- 49 CFR §392.14 — extreme caution in adverse conditions (including reduced visibility).
- 49 CFR §391.41 — driver physical qualifications.
- 49 CFR Part 382 — drug-and-alcohol testing.
Layered defendants: motor carrier, driver, broker (negligent carrier selection), shipper (where pedestrian crash occurred at the shipper’s facility), and (where applicable) the property owner under premises-liability theory.
State Recovery Framework
PA: §1705(d) limited-tort exception preserved; pedestrians not party to the policy can recover noneconomic damages without limited-tort restriction in any event. 2-year SOL.
NJ: §39:6A-8(a) verbal threshold; pedestrian injuries routinely satisfy permanent-injury or significant-disfigurement categories. 2-year SOL.
NY: §5102(d) threshold; pedestrian injuries routinely satisfy fracture, permanent-loss-of-use, or 90/180 categories. 3-year PI / 2-year wrongful death.
MD: Pure contributory negligence — 1% pedestrian fault bars recovery. We approach pedestrian cases with intensive liability development. 3-year SOL; §11-108 cap.
Common Serious Injuries from Truck vs. Pedestrian Crashes
- Traumatic brain injury — particularly severe in pedestrian-vs-truck mechanism.
- Pelvic and lower-extremity fractures — primary impact zone.
- Spinal cord injury — secondary impact mechanism.
- Internal-organ trauma — chest and abdominal injuries from secondary impact.
- Crush injuries and amputations — particularly when struck by rear wheels or trailer wheels.
- Wrongful death — disproportionately common.
What to Do After a Serious-Injury Truck-Pedestrian Crash
- Get the pedestrian to a Level-I trauma center.
- Send spoliation letters within 24-72 hours preserving truck ELD, dispatch records, dash-cam, mirror-and-lighting equipment records, and post-accident inspection.
- Demand traffic-camera and storefront-camera footage immediately; most overwrite within 7-30 days.
- Document the scene — crosswalk markings, signage, lighting, intersection geometry.
- Identify witnesses (other pedestrians, motorists, business employees).
- Engage counsel within days.
Frequently Asked Questions — Truck vs. Pedestrian Crashes
What is the “right-turn squeeze”?
A truck turning right across a pedestrian crosswalk where the pedestrian is in the crosswalk to the truck’s right. The driver’s primary sight line is forward; the pedestrian is in a blind spot during the turn. Proper pre-turn visual sweep is required by safe-driving standards.
What FMCSR rules apply to pedestrian-strike cases?
49 CFR §392.7 (pre-trip inspection), §393.80 (rear-vision mirrors), §393.11 (lighting), §392.14 (extreme caution), §391.41 (medical qualification), and Part 382 (drug/alcohol testing).
Can the trucking company be sued for inadequate driver training?
Yes. Negligent training and supervision is a direct claim against the motor carrier, supplementing vicarious liability for the driver’s conduct.
What about pedestrian crashes in distribution-center yards?
Property-owner premises liability supplements the at-fault-driver and carrier claims. We routinely sue the property owner for inadequate pedestrian protection (lack of marked walkways, inadequate barriers, poor lighting).
What if the pedestrian was elderly or a child?
Pediatric and elderly pedestrian cases typically involve substantial non-economic damages and (in MD) survive contributory-negligence analysis where the driver had a clear opportunity to avoid the impact.
What state laws apply?
PA §1705(d); NJ §39:6A-8(a); NY §5102(d); MD pure contributory + §11-108 cap.
What if the truck was a delivery vehicle (Amazon, FedEx, UPS, USPS)?
Layered liability analysis: the driver, the DSP/carrier, the parent company (Amazon Logistics, Amazon Inc., FedEx Ground/Express, UPS), and any property-owner where applicable. We pursue every viable defendant.
How much does it cost?
Nothing up front. Contingency fee.
Free Case Evaluation — Truck vs. Pedestrian Cases
If you or a loved one was struck by a tractor-trailer, delivery truck, or other large commercial vehicle anywhere in PA, NJ, NY, or MD, the Siddons Law Firm reviews your case at no cost. ELD, dispatch, and surveillance evidence overwrites quickly — call us today.
Call (610) 255-7500 or request a free case evaluation.