Truck Accident Frequently Asked Questions

Truck accidents cause some of the most devastating injuries on our roads. Attorney Michael Alan Siddons has extensive experience handling complex commercial truck accident cases throughout Pennsylvania, New Jersey, Maryland, and New York. Below are answers to the questions we hear most from truck accident victims and their families.

Understanding Truck Accident Claims

Why are truck accident cases more complex than car accident cases?

Truck accident cases involve multiple layers of complexity that car accident cases do not. Commercial trucks are regulated by the Federal Motor Carrier Safety Administration (FMCSA), which imposes strict rules on hours of service, maintenance requirements, driver qualifications, and cargo loading. Multiple parties may share liability, including the truck driver, the trucking company, the cargo loading company, the truck manufacturer, and maintenance providers. Additionally, trucking companies typically deploy rapid response teams immediately after a crash to gather evidence favorable to their defense, making it critical that you retain an attorney as soon as possible.

Who can be held liable in a truck accident?

Multiple parties may be held liable in a truck accident case, including: the truck driver (for fatigue, distraction, impairment, or traffic violations), the trucking company (for negligent hiring, training, supervision, or pressuring drivers to violate hours-of-service rules), the cargo loading company (for improper loading or overloading that caused the truck to become unstable), the truck or parts manufacturer (for defective brakes, tires, steering, or other components), and maintenance companies (for failing to properly inspect or repair the vehicle). Identifying all liable parties is crucial because it maximizes the sources of compensation available to you.

What is the FMCSA and how do its regulations affect my case?

The Federal Motor Carrier Safety Administration (FMCSA) is the federal agency that regulates the trucking industry. FMCSA regulations set maximum driving hours (11 hours after 10 consecutive hours off duty), mandatory rest periods, required vehicle inspections, drug and alcohol testing requirements, minimum insurance coverage, and driver qualification standards. Violations of any FMCSA regulation can serve as strong evidence of negligence in your truck accident case. Our firm thoroughly investigates each case for regulatory violations.

What are hours of service violations and why do they matter?

Hours of service (HOS) rules limit how long a truck driver can operate before resting. Under current FMCSA rules, drivers may drive a maximum of 11 hours after 10 consecutive hours off duty, may not drive beyond the 14th consecutive hour after coming on duty, and must take a 30-minute break after 8 cumulative hours of driving. Violations of these rules are a leading cause of fatigue-related truck accidents. Electronic Logging Devices (ELDs), now mandatory in most commercial trucks, record driving time and can provide powerful evidence of HOS violations.

Evidence and Investigation

What evidence is important in a truck accident case?

Critical evidence in truck accident cases includes: the truck’s electronic logging device (ELD) data showing the driver’s hours, the truck’s event data recorder (EDR or “black box”) capturing speed, braking, and steering data before the crash, driver qualification files including license, medical certificate, and training records, vehicle inspection and maintenance logs, cargo loading records and weight tickets, the driver’s cell phone records, drug and alcohol test results, dashcam or surveillance video footage, police accident reports, and witness statements. Because trucking companies may destroy or overwrite electronic evidence, it is essential to retain an attorney immediately who can send a spoliation letter demanding evidence preservation.

What is a spoliation letter and why is it important?

A spoliation letter is a formal legal document sent to the trucking company and its insurer demanding that they preserve all evidence related to the accident. This includes electronic data from the truck’s black box and ELD, driver logs, maintenance records, hiring files, dispatch communications, and any dashcam footage. Without a spoliation letter, trucking companies may routinely overwrite electronic data or destroy records in the normal course of business. Our firm sends spoliation letters within 24 hours of being retained to ensure critical evidence is protected.

Compensation and Damages

What compensation can I recover after a truck accident?

Truck accident victims may recover compensation for: medical expenses (emergency treatment, hospitalization, surgery, rehabilitation, and future medical care), lost wages and loss of future earning capacity, pain and suffering, emotional distress and mental anguish, loss of enjoyment of life, property damage, loss of consortium (for the injured person’s spouse), and in cases involving particularly egregious conduct such as drunk driving or falsified logs, punitive damages. Because commercial trucks carry minimum insurance of $750,000 to $5 million (depending on cargo type), truck accident claims often result in significantly larger recoveries than car accident cases.

How much is my truck accident case worth?

The value of a truck accident case depends on the severity of your injuries, the total medical expenses (past and future), lost income and diminished earning capacity, the degree of pain and suffering, the number of liable parties and their insurance coverage, and the strength of the evidence proving negligence. Truck accident cases involving catastrophic injuries such as traumatic brain injuries, spinal cord damage, amputations, or wrongful death can result in settlements or verdicts in the millions of dollars. Attorney Siddons evaluates each case individually during a free consultation.

Common Truck Accident Scenarios

What are the most common causes of truck accidents?

The most common causes of truck accidents include: driver fatigue and hours-of-service violations, distracted driving (cell phone use, eating, GPS), speeding and aggressive driving, impaired driving (alcohol, drugs, or prescription medications), improper cargo loading causing shifting or spilling, inadequate vehicle maintenance (brake failure, tire blowouts, steering defects), poor weather conditions combined with excessive speed, blind spot accidents (especially during lane changes), wide turn accidents (particularly at intersections), and rear-end collisions due to the truck’s long stopping distance.

What should I do immediately after a truck accident?

After a truck accident, take these steps: (1) Call 911 immediately and request emergency medical assistance, (2) Seek medical treatment even if you feel okay—adrenaline can mask serious injuries, (3) Document the scene with photos and video if possible, including the truck, license plate, DOT number, and any visible damage, (4) Get the truck driver’s name, CDL number, trucking company name, and insurance information, (5) Collect contact information from witnesses, (6) Do NOT give recorded statements to any insurance company, (7) Do NOT sign anything from the trucking company or its insurer, and (8) Contact an experienced truck accident attorney immediately. Time is critical because evidence can be lost or destroyed quickly.

What types of trucks are involved in accident claims?

Our firm handles accident cases involving all types of commercial vehicles, including: 18-wheelers and tractor-trailers, semi-trucks, tanker trucks carrying hazardous materials, flatbed trucks, box trucks and delivery trucks, dump trucks, garbage trucks, cement mixers, moving trucks, and buses. Each type of vehicle may be subject to different regulations and present unique liability issues. For example, tanker truck accidents may involve hazardous material spills requiring environmental cleanup, adding additional layers of damages and liable parties.

Legal Process

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

In Pennsylvania, the statute of limitations for truck accident personal injury claims is two years from the date of the accident (42 Pa.C.S. § 5524). In New Jersey, it is also two years. In Maryland, the statute is three years. However, if the truck was owned or operated by a government entity, significantly shorter notice requirements may apply. Additionally, critical evidence like ELD data and black box recordings can be overwritten within days or weeks, so early action is essential even though the filing deadline may be years away.

Do I need a lawyer for a truck accident case?

Truck accident cases are among the most complex personal injury matters. Trucking companies and their insurers will have attorneys and accident reconstruction experts working on their behalf from the moment the crash occurs. Without experienced legal representation, you risk losing critical evidence, accepting a lowball settlement, or missing liable parties entirely. Attorney Michael Alan Siddons handles truck accident cases on a contingency fee basis—you pay nothing unless we recover compensation for you. Call (610) 255-7500 for a free consultation.

Areas We Serve for Truck Accident Cases

Siddons Law Firm represents truck accident victims in Delaware County (Media, Upper Darby, Springfield, Drexel Hill), Chester County (West Chester, Downingtown), Montgomery County (King of Prussia, Norristown, Bala Cynwyd), Philadelphia, Lancaster County, Berks County (Reading), Lehigh County (Allentown), Erie County, Burlington County NJ, Camden County NJ, Gloucester County NJ, Cecil County MD (Rising Sun), and Staten Island NY.