Can I Sue After Getting Hit by a Semi-Truck in Pennsylvania?
You may be eligible to sue after getting hit by a semi-truck in Pennsylvania if your case meets certain criteria. Someone else must be at fault for the accident, and you must have suffered damages. Depending on your insurance coverage, you may also need to meet Pennsylvania’s serious injury threshold.
Working through these complex laws can be challenging when you’re already dealing with a life-altering injury. Cordisco & Saile LLC can help you make sense of your options and guide you through the legal process. If you or a loved one was injured in a truck accident, contact us today for a free consultation about your rights and next steps.
Who Can Be Sued After a Semi-Truck Accident in PA?
One or multiple parties may be liable for a semi-truck accident in Pennsylvania, including:
- The Truck Driver: They may be liable if they violated federal hours of service regulations and drove while fatigued. Other forms of driver negligence include texting while driving, driving under the influence of alcohol, and speeding.
- The Trucking Company: Examples of trucking company negligence include failing to run background checks on drivers, failing to train drivers properly, and encouraging drivers to violate federal regulations.
- The Cargo Loader: The contractor or company responsible for loading the truck may be liable if improper cargo loading contributed to the accident.
- The Vehicle Manufacturer: The truck’s manufacturer may be liable if dangerous or defective parts caused the accident.
- The Truck Maintenance Provider: A repair shop or mechanic may be liable if improper truck maintenance contributed to the accident.
Quick action is key to determining who’s at fault for a complex truck accident. Our attorneys can help you identify all liable parties to maximize your potential compensation. When you reach out to us soon after your injury, we can investigate the fresh accident scene and preserve evidence before it disappears.
“If you're involved in a trucking accident, you should notify a lawyer immediately. It's important that we start our investigation almost from the beginning because the insurance company or the trucking company sends their own investigators and team to the accident scene to try to gather evidence and produce their liability.”
How Pennsylvania’s No-Fault Laws Affect Your Legal Options
Pennsylvania is a no-fault state for car accident claims. State law requires drivers to purchase personal injury protection coverage, or PIP. You can seek compensation for your medical expenses through PIP, no matter who’s at fault.
When purchasing auto insurance in Pennsylvania, drivers must choose between full and limited tort coverage. Your legal options after getting hit by a semi-truck depend on which insurance option you selected. These laws can be complex, so we encourage you to contact us to learn how they apply to your particular case.
How Does Full Tort Coverage Affect Your Claim?
Full tort coverage gives you more options for compensation in a truck accident claim. If you have it, you may sue the at-fault party for the full range of damages you have suffered from the accident. This includes both economic and non-economic damages, such as medical expenses, lost wages, and pain and suffering.
How Does Limited Tort Coverage Affect Your Claim?
Limited tort coverage limits your ability to seek non-economic damages, such as pain and suffering, after a semi-truck accident. If you have limited tort coverage, you may sue for non-economic damages if your injury meets
Pennsylvania’s “serious injury” threshold, meaning that your injury has resulted in death, serious impairment of a body function, or permanent serious disfigurement.
Pennsylvania law also allows you to bypass the limited tort restrictions if any of the following is true:
- The at-fault driver was driving under the influence of alcohol or drugs at the time of the accident.
- The at-fault driver’s vehicle was registered in another state.
- The at-fault driver intended to harm themselves or another person.
- The at-fault driver doesn’t have proper insurance coverage.
Potential Reasons To Sue After a Truck Accident
In many cases, you can get fair compensation by filing an insurance claim and negotiating with the insurance company outside the court system. However, there are situations where filing a semi-truck lawsuit may be required to protect your rights and seek the full compensation you deserve.
For example, you might need to file suit to recover all your damages in the following circumstances:
- You’ve suffered catastrophic injuries with long-term consequences.
- You’re seeking punitive damages because the at-fault party showed extreme recklessness.
- A loved one has died from the accident.
- The insurance company refuses to offer a fair settlement after extensive negotiation.
- The insurance company denies your claim.
The decision to sue involves many factors. Our personal injury lawyers can help you evaluate your options and determine if suing is the right course of action.
The Importance of Early Legal Guidance
Trucking companies have large insurance companies on their side. While their insurance policies likely have plenty of money to cover your damages, they want you to settle for far less than you deserve. They may use a variety of tactics to achieve that goal, such as using your words against you, blaming your injuries on a preexisting condition, or shifting liability onto another party.
These tactics often start early in the claims process before you’ve had a chance to fully understand the extent of your damages. Having an experienced lawyer on your side as soon as possible gives you a strong defense against the trucking companies and insurers. When you turn to us for help immediately after a truck accident, we can level the playing field by:
- Explaining your rights in simple terms
- Communicating with insurers on your behalf to protect you from saying something that hurts your case
- Gathering evidence before it disappears
- Exploring all your legal options without the pressure to settle quickly
- Evaluating settlement offers to make sure they’re in your best interests
- Negotiating aggressively for a fair settlement
- Litigating your case and fighting for you at trial
What Type of Evidence Can Support a Truck Accident Claim?
Many forms of evidence can bolster your claim, such as the following:
- Police reports
- Expert opinions from accident reconstruction experts or medical professionals
- Medical records
- Photos or videos of the accident scene
- Dashcam footage
- Witness testimony
- Black box data from the truck, which contains details about the vehicle’s performance and the driver’s activity before the crash
- Driver logbooks, which track the driver’s rest breaks and driving hours
- Truck maintenance logs
- Hiring and safety procedure documents from the trucking company
Commercial truck insurers tend to contest claims more aggressively than other types of insurers. They have more money on the line and often face more serious allegations, such as violations of federal regulations or negligent hiring practices. A truck accident attorney can help you build a strong claim with various forms of evidence and present it to the insurers in the most compelling way possible.
How Much Time Do You Have To File a Truck Accident Lawsuit in PA?
Pennsylvania’s personal injury statute of limitations is two years. That means you must file a claim within two years of the truck accident. This deadline prevents people from filing lawsuits after evidence and witness memories become outdated and unreliable. When you turn to our firm for help, we’ll work diligently to meet the filing deadline.
There’s a long chain of responsibility in the trucking industry, meaning extensive investigations may be necessary to determine who’s liable. Getting internal evidence from trucking companies may also require a court order. These factors mean it takes time to build a strong case, so it’s always best to contact us promptly after a semi-truck accident.
Explore Your Legal Options With a Pennsylvania Truck Accident Attorney
With over $100 million won for injured Pennsylvanians and their families, Cordisco & Saile has a reputation you can count on after a serious injury. Our Pennsylvania truck accident lawyers are ready to help you understand your legal options. Call 215-642-2335 today for a free consultation, and find out if you can sue after getting hit by a semi-truck in Pennsylvania.
