When you are involved in a truck accident, you are more likely to face serious injuries than in crashes with smaller cars. When someone else hurts you, they should pay for the crash; and if it happened while they were working, their employer can often be held responsible.
Our lawyers bring 18-wheeler accident cases against big and small trucking companies alike, and we work to get full compensation from them and their insurance carriers. When you need help, turn to an aggressive legal team that will not rest until we see you compensated.
For a free case review, call The Reiff Law Firm at (215) 709-6940.
Who DO You Sue for a Truck Accident?
You can typically only hold parties liable for an auto accident if they did something directly to cause the accident, like run a stop sign or negligently repair their brakes. There are also some complex rules because of Pennsylvania’s choice no-fault system; if you have a “limited tort” policy, then your ability to sue might be restricted.
With truck accident cases, the facts can be even more complicated depending on who you sue.
Drivers
Both truck drivers and other drivers can be responsible for the accidents they directly cause through their dangerous driving. To hold a driver liable, you usually need to prove they violated a traffic law or some other legal duty.
All drivers should have insurance, so there is typically money available to pay for your damages when you sue them.
Trucking Companies – Direct Liability
The trucking company the truck driver works for can be held liable for its own errors and the trucker’s errors.
As mentioned, parties are typically responsible for their direct actions. Trucking companies can be sued for things like
- Negligent upkeep of their trucks
- Negligent hiring and retention of dangerous drivers
- Causing crashes because they failed to follow or even encouraged violations of trucking regulations.
Trucking Companies – Vicarious Liability
However, trucking companies can also be held responsible in place of their drivers, so long as the following conditions are met:
- The trucker was an employee, not an independent contractor.
- The trucker was working within the scope of their job when the crash happened.
- The trucker’s negligence caused the crash.
This makes the trucking company liable for its driver’s negligence.
Other Parties
Other outside parties, such as manufacturers of dangerous auto parts or the municipal governments who failed to keep their roads safe, might also share some degree of liability.
What Damages Does Insurance Cover in a Truck Accident?
Most damages will ultimately be paid by insurance, whether that is your insurance, the other driver’s insurance, or the trucking company’s insurance.
Other Driver’s Insurance
Drivers in Pennsylvania are required to carry insurance that covers at least $15,000 per person and $30,000 per accident, plus $5,000 per accident for property damage.
Your Insurance
Your own insurance has some first-party benefits as well, as $5,000 of medical care coverage is required. You may also have more medical payment or collision coverage.
We can tap into these first, then our truck accident lawyers can file third-party claims with the at-fault parties or even take them to court to get the rest of your damages covered.
Full Tort vs. Limited Tort Insurance
If you have a “full tort” insurance policy, your ability to sue is unhampered. If, instead, you have a “limited tort” policy, then you may need “serious injuries” or another excuse to be able to sue directly.
FAQs for Truck Accident Cases in Aston, PA
Do I Have to File a Lawsuit?
In many truck accident cases, the trucking companies and the other drivers’ insurance carriers will put up a fight. They will refuse to pay or will at least value your case so low that it is not worth accepting a settlement.
Through negotiations, we may be able to pull their payments up to a reasonable standard, but it often requires taking them to court to get full payment.
Do I Need a Lawyer?
In car accident cases, the defense will always have experienced insurance companies on their side, and if the case needs to go to court, the insurance companies will provide them with a lawyer. Trucking companies may also have their own legal teams, working to shut down the claims against them.
Even the odds by getting a lawyer of your own. We can also provide legal advice and look out for your interests in a way that your insurance company does not.
How Long Do I Have to File a Truck Accident Lawsuit?
Truck accident claims need to be filed within the statute of limitations for injury cases in Pennsylvania. This puts the limit at 2 years from the date of the accident.
When Should I Call a Lawyer?
Even though you may have up to 2 years to get your case filed, it takes time to prepare your lawsuit, collect evidence, attempt preliminary settlement negotiations, and research the facts to present in a lawsuit.
That means you should call a lawyer much sooner. Plus, the earlier we can get on your case and start collecting evidence, the harder it is for witnesses to forget about the facts or for evidence to be lost before we can obtain it.
What is My Case Worth?
Most auto accidents involve damages for medical bills, lost wages, and pain and suffering. Our lawyers should always calculate pain and suffering damages for you, as the insurance companies will often downplay your case.
Truck accident claims are often worth more than regular car accident claims because large 18-wheelers cause more severe damage to smaller vehicles, and the victims may face long-term or life-long disabilities.
Can You Get Punitive Damages in a Truck Accident Case?
Trucking companies are sometimes responsible for dangerous actions that put other drivers – and their drivers – at risk. This often involves intentional violations of trucking regulations, such as hours of service rules, licensing requirements, or weight limits.
Intentional and repeat violations can lead to punitive damages, which means the defendant pays higher damages to punish them for their wrongdoing, and you get more money from the case. However, these damages can only come in a lawsuit, not a settlement.
Call Our Truck Accident Lawyers in Aston, PA Today
For your free case review, call The Reiff Law Firm’s truck accident attorneys at (215) 709-6940.
