What is the Truck Accident Claim Process in Pennsylvania?

The process of getting paid for a truck accident can look a little different from state to state, and it depends a lot on the factors of your specific case.  In any case, there is no state-operated filing system or anything like that; you get paid through insurance claims and lawsuits.

Under Pennsylvania’s no-fault laws, you can only file a truck accident claim against the at-fault driver for injuries if you meet certain standards or have a full tort policy.  You can file with your own insurance for some coverage, but the majority of your damages come from the defendant.  We can file demand letters with the insurance company and trucking company for payment and, if they refuse to cooperate, sue them in court.  There are steps and stages of your case before trial starts, each of which can possibly end in settlement.  If we do not settle, we fight the case at trial.

For help with your claim, call our Philadelphia truck accident lawyers at The Reiff Law Firm at (215) 709-6940.

First Steps in a Truck Accident Claim

Your case starts the second the crash happens.  It is important to call 911 and get any medical care you need.  The responding officers can also draw up a police report, which can help us locate evidence you might not have been able to collect at the scene of the accident.

If you are able to stay at the scene, collect as much evidence as you can:

• Driver contact and insurance info
• Other witness contact info
• The truck driver’s employer information
• Information on location, weather, lighting, and road conditions
• Photos of the vehicles and damage.

Also look around for any nearby security cameras that might have caught the accident on tape or any dash cams anyone might have.

From there, you should call a lawyer.  It is important to work with our Media, PA truck accident attorneys as early as you can.  We can begin the case by assessing…

• Who might be at fault
• What insurance policies you and the other driver have to cover your injuries
• What injuries, damages, and vehicle damage you might need to claim
• What legal theories and issues might be involved in the case.

Filing Insurance Claims

The damages in an auto accident can be paid by multiple policies, making getting damages a bit confusing for many drivers:

• Vehicle damage is often covered by the at-fault party or collision coverage on your policy
• Injuries are covered first by your insurance, then by the at-fault driver (if certain conditions are met).
• Serious injuries and injuries to drivers with a full-tort policy can always be filed against the at-fault driver.
• If you have a limited tort policy, you can rely on your own insurance or file against the at-fault driver if you have serious injuries or meet other criteria.

However, insurance claims often fail to pay full damages.  Your own insurance leaves out certain areas of compensation and requires deductible payments, leaving you with unreimbursed expenses in nearly any case.  From there, the at-fault driver and trucking company’s insurance policies are also unlikely to pay in full, and it often takes sharp negotiation or a lawsuit for full compensation.

Negotiation

We can talk to the insurance companies and demand full compensation.  However, many insurance companies offer low-dollar settlements, especially when trucking companies are involved.

They often know that if they pay out one claim, everyone will want payment for other accidents their drivers cause.  As such, trucking companies and the insurance companies that work with them can be hard to crack, and a lawsuit might be the only way to get paid.

When to File a Lawsuit

If negotiations stall or insurance carriers are stringing us along, a lawsuit is the next step.  By filing a lawsuit, you get the power of the court behind you.  This can help you subpoena witness testimony and evidence in the defense’s control.

Just because a lawsuit is filed does not mean the case has to ultimately go to trial, but you should be prepared for a potential trial either way.

The Process of a Truck Accident Trial

Trials for an injury claim come in a few major stages:

Preliminary Motions and Hearings

At the beginning of your case, it’s all about having the documentation to show the accident happened and that there is evidence the defendant is at fault.  We will prepare a complaint that lays out our arguments and file it with the court.

The defense will reply, and various filings and motions will need to be resolved before the case can move forward.  The burden is quite low at this stage.

Discovery

An important stage of the case is discovery, where each side makes its evidence and witnesses available for examination.  At this stage, we can request internal records, such as driver logs, as well as demand interviews and depositions with the driver, their managers, and other relevant witnesses.

During this stage, we can get access to the evidence that the trucking company might not have wanted us to see before, potentially finding additional issues with their case.  If they still refuse to settle, we are often in a prime position to move forward to trial on the evidence we’ve collected.

Pre-Trial Conferences and Mediation

Many judges will push the parties to try to reach a settlement before trial is scheduled.  In some cases, this is futile if the insurance company or trucking company seems determined not to pay you.  In others, we may be able to reach a fair settlement.

However, our experienced litigators are not afraid to say no to unfair settlements that won’t cover your needs and press on to trial.

Trial

At your trial, we go first.  We present opening statements and put on our case in chief, where we present witnesses and evidence to prove your case.  The defense makes their opening statements after ours and then cross-examines witnesses during our case in chief.  We can object to their questions and evidence, then finally redirect testimony by getting another chance to ask witnesses questions.

During the defense’s case, we switch sides.  We cross-examine their witnesses and evidence and seek to challenge the defense they put forward.

At the end, we both make closing arguments and let the jury decide your damages and who was at fault, with the guidelines we have given them throughout the trial.

Call Our Pennsylvania Truck Accident Attorneys

For your free case evaluation, call The Reiff Law Firm’s Norristown, PA truck accident attorneys at (215) 709-6940