A third party in a truck accident claim is any person or entity whose actions may have contributed to, or caused, the accident. When the victim first files the claim with his/her insurance company, that’s considered a first-party claim for damages. A claim filed against someone else, though, is a third-party claim.
A third-party claim is also sometimes referred to as a pain and suffering claim, as noneconomic damages are recoverable. The following considers some of the most common third parties in truck accident claims, and damages that victims could recover.
Third Parties Who May Be Held Liable in a Truck Accident Suit
It isn’t always the drivers that cause truck accidents. Instead, truck accidents can be caused by myriad reasons ranging from the negligence of other drivers to defective car parts or improperly loaded cargo.
The following third parties may be held liable in a truck accident lawsuit.
- Another driver on the road
- A truck driver’s co-driver
- An auto repair shop
- The trucking company
- The truck driver
- The manufacturer of a defective auto part
- The shipper or loader of cargo
Statutes of Limitations for Filing a Third Party Liability Claim
In Pennsylvania, all third-party liability claims for personal injury or death must be filed within two years’ time. Unlike first party liability claims filed with the victim’s insurance, a third-party liability claim allows the victim to recover damages for both economic and noneconomic losses.
In order to file a third party liability claim in Pennsylvania, victims must have sustained serious injuries during their accident – disability or disfigurement – or carry the state’s full-tort auto insurance option. The definition of ‘serious injuries’ is fluid. For instance, if a person is in a head-on truck accident and breaks his or her back so that he/she can no longer walk, this situation would be considered valid for filing a third-party claim.
However, soft tissue injuries, even brain injuries, are sometimes not considered ‘serious’ and would not be valid for a claim. A truck crash lawyer can explain the details of how the law would be applied to your case.
You Need a Truck Accident Lawyer to File Your Third-Party Claim Today
Filing a first-party claim with your insurance company is usually straightforward and relatively simple, especially in comparison to filing a third-party liability claim in civil court.
The attorneys at Cordisco & Saile LLC are ready to represent you.
- To ensure that you’ve properly filed your claim
- To demonstrate proof of your damages
- To prove the third party’s fault