The moment you collide with a large truck is devastating. Fear and uncertainty plague you about what comes next, and you begin to wonder, can I sue a truck driver? When you are in this position, you need to hire a Pennsylvania truck accident lawyer to help you manage the complexities of these cases and emerge on the other side..
Your ability to sue a truck driver may depend on the type of insurance coverage you have, and Munley Law can help you determine your options. Our team will assess your situation and help you formulate a plan to recover your losses. We will also protect your rights along the way so you can recover the maximum amount you deserve.
Your Options for Suing a Truck Driver in Pennsylvania
Drivers may be sued for a truck accident in Pennsylvania in certain situations. Pennsylvania is a choice no-fault state for insurance coverage, so the type of policy you have makes a difference in what options you have.
As a driver, you can choose from a limited or full tort policy. The first is no-fault insurance that allows you to file a claim with your insurance company without having to show fault. You are generally limited in what you can recover. Even with no-fault insurance, there may still be options for filing a lawsuit. If the dollar value of your injuries reaches a certain threshold set by law, you will likely be allowed to file a lawsuit in civil court against the party who caused the incident.
For full tort policies, you can file a claim with the truck driver’s insurance and recover a wider range of losses. However, in these cases, you will need to demonstrate the truck driver’s negligence by showing they had an obligation to safety, acted in a way that violated that responsibility, and caused harm instead. If you were partially at fault in the accident, then that may also affect the outcome of your case per Pennsylvania’s comparative negligence law.
The claim process is likely to vary depending on what type of coverage you have. While similar rules apply to the process and liability determinations, they affect your case differently. An experienced truck crash lawyer can guide you through the various requirements and ensure you receive a fair settlement.
Common Types of Truck Driver Negligence in Pennsylvania
While you may or may not have to demonstrate fault as part of your claim, a truck driver’s negligence must still be established as part of the case investigation. Some common types of negligent behaviors a truck driver can be sued for include:
- Driver exhaustion
- Failing to follow driver regulations
- Failing to make accommodations for road and weather conditions
- Driving above the speed limit
- Tailgating other trucks or vehicles
- Alcohol and drug impairment
- Distracted driving
When evidence from an accident investigation reveals that these factors contributed to an accident, you can pursue compensation per the parameters outlined in your insurance policy. Be sure to keep all forms of evidence you collect to ensure you have a strong claim.
Losses You Can Recover in a Truck Accident Lawsuit
When you sue a truck driver or other party, you not only hold them accountable for their actions, but you also recover your losses through compensation. Liable parties must pay for the damage they cause.
This may be paid through the insurance company or from the driver directly, depending on the claim type.
The losses you can recover in your case will reflect what you have suffered and will be customized to your needs. Some common losses you can recover include:
- Expenses related to your medical care and rehabilitation
- Medical equipment and/or accommodations in your home
- Lost wages during your recovery or lost earning capacity altogether
- Costs to repair or replace damage to your vehicle or personal belongings
- End-of-life, funeral, and burial expenses for truck accident fatalities
- Reduction in your day-to-day quality of life
- Pain and suffering that you did not experience before the accident occurred
- Emotional anguish caused by trauma and loss
- PTSD symptoms, anxiety, depression, or insomnia related to the accident
- Inability to enjoy activities you participated in prior to the accident
- Loss of companionship or consortium with loved ones or an intimate partner
The value of your settlement will be unique to you and your circumstances. A truck accident lawyer can help you calculate the value of your losses to estimate what you may be entitled to receive when you sue a truck driver for negligence. There are many factors that go into determining your settlement, so be sure to consult a lawyer before moving forward.
Recovering Losses Under No-Fault Insurance Coverage
It is important to note that if you are filing a claim under no-fault insurance, your pain and suffering and property damage costs may not be covered, depending on your policy type. You may also have to pursue a personal injury claim if your own insurance is insufficient to cover your losses.
Time Limits for Suing a Truck Driver in Pennsylvania
Suing a truck driver must be done within a limited amount of time. According to Pennsylvania’s statute of limitations, individuals have two years to take legal action and file a claim against the party who injured them. While this seems like enough time, finding a truck accident lawyer to represent you and navigating the claim process can use up most of that time. Filing a claim soon after an accident is advised for best results.
Other Parties Who Can Be Sued for a Pennsylvania Truck Accident
While a truck driver may be the root cause of your accident, there may be other parties who share fault. Liability may also be shared.
Trucking Company
If the employer enforces unreasonable expectations or timelines, or commits trucking regulation violations that endanger others.
Mechanics and Manufacturers
These parties can be at fault if they fail to address a known mechanical hazard on a truck. Poor maintenance or failing to fix a problem they should have known about can also be enough to hold them liable for negligence if it contributes to an accident and motorist injuries. Similarly, manufacturers can be held responsible for making defective trucks or mechanical parts. This threatens the integrity of the vehicles and puts the driver and motorists at risk.
Cargo Loaders
There is yet another party that could potentially be at fault. Trucks, regardless of their type, must follow weight limit laws to ensure safety. If a cargo loader overloads a truck, the company could be in violation of these regulations. If a truck is instead loaded unevenly, then the weight distribution can compromise the stability of the truck and make it more likely to tip over.
Munley Law Secures Justice and Compensation for You
Munley Law helps you get justice when you have been the victim of a negligent truck driver. We act quickly to put a stop to unfair treatment by insurance companies and the trucking industry so we can secure your results. Our team of board-certified lawyers aggressively fights for you so you can begin to rebuild your life after an accident. To take the first step forward in filing a claim against a truck driver, contact us today and schedule your free consultation with our team.
