Truck accident claims can be complicated, as they may involve multiple responsible parties. Naturally, the question of whether a truck driver can be sued for a truck accident in Pennsylvania often arises. The short answer is yes, as Pennsylvania’s no-fault insurance laws and comparative negligence rules can affect whether you sue a truck driver directly.
At Munley Law, we help truck accident victims determine who is liable and pursue compensation through insurance claims or lawsuits. For almost 70 years, our family-run firm has represented truck accident victims; we are the only firm in Pennsylvania with three attorneys certified in Truck Accident Law by the National Board of Trial Advocacy.
Our Pennsylvania truck accident lawyers investigate driver negligence, trucking company violations, black box data, maintenance failures, and federal trucking violations to build strong claims for our clients and help their financial recovery.
Contact us for a free consultation. We charge no fees unless we win your case.
What are 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 between a limited tort policy and a full tort policy. The first is no-fault insurance, which allows you to file a claim with your insurance company without having to prove 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 (42 Pa. C.S. § 7102). Under this law, you will also only be able to recover compensation so long as you were no more than 50% at fault for the accident. Any recovery you do make will also be reduced by the amount of fault you shared.
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 help you receive a fair settlement.
Contact a Truck Accident Lawyer at Munley Law
Call Us At 844-686-5397 What Types of Truck Driver Negligence Cause Pennsylvania Truck Accidents?
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 help you have a strong claim.
What Compensation Can You Recover After a Pennsylvania Truck Accident?
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 by the insurance company or by the driver, 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.
How Does Pennsylvania No-Fault Insurance Affect a Truck Accident Claim?
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.
How Long Do You Have to Sue 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 the best results.
Who Else Can Be Held Liable 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 endangers the driver and other motorists.
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 loaded unevenly, the weight distribution can compromise its stability and increase the risk of tipping over.
Frequently Asked Questions About Truck Driver Liability in Pennsylvania
What Evidence Is Most Important in a Pennsylvania Truck Accident Lawsuit?
Truck accident cases often depend on evidence that disappears quickly, including black box data, dashcam footage, driver logs, inspection reports, and maintenance records. A lawyer can send preservation letters immediately to prevent trucking companies from destroying evidence.
Police reports, witness statements, medical records, and photographs from the crash scene can also strengthen your claim. Commercial trucking cases usually involve far more evidence than ordinary car accident claims.
Can You Sue the Trucking Company for Negligent Hiring in Pennsylvania?
Yes. A trucking company may be liable if it hired a driver with a history of DUI convictions, safety violations, suspended licenses, or failed drug tests. Federal regulations require trucking companies to carefully screen and monitor drivers.
Negligent-hiring claims can increase the value of a truck accident lawsuit because they show the company failed to prioritize public safety.
What Happens If a Driver Violates FMCSA Regulations?
Violations of Federal Motor Carrier Safety Administration regulations can serve as strong evidence of negligence. Common violations include hours-of-service breaches, overloaded cargo, inadequate maintenance, and skipped inspections. These violations may help prove that the driver or trucking company failed to operate safely under federal law.
Can a Truck Accident Lawyer Help If the Trucker’s Insurer Denies Liability?
Yes. Trucking insurers often dispute fault to reduce payouts. A truck accident attorney can investigate the crash, hire accident reconstruction experts, and negotiate directly with insurers. If necessary, your lawyer can file a lawsuit and present evidence in court.
If I Sue a Truck Driver, Will the Case Go to Trial?
Many truck accident cases settle before trial, but some proceed to court when insurers refuse to offer fair compensation. Cases involving catastrophic injuries or disputed liability are more likely to require litigation.
Munley Law’s trial-ready truck accident lawyers have extensive experience in trucking litigation, which can place additional pressure on insurers during settlement negotiations.
Why Are Truck Accident Cases More Complicated Than Regular Car Accident Claims?
Truck accident litigation often involves multiple defendants, federal trucking regulations, corporate insurance policies, and extensive electronic evidence. Trucking companies typically deploy investigators immediately after serious crashes to manage the scene and evidence. Having a law firm experienced in commercial trucking litigation can make a major difference in preserving evidence and proving liability.
Why Do Injured Victims Choose Munley Law for Pennsylvania Truck Accident Cases?
For almost seven decades, Munley Law has represented injured Pennsylvanians in complex truck accident litigation against national trucking companies and insurers. Our attorneys are experts in truck accident litigation and have held leadership positions in the American Association for Justice. Marion and Daniel Munley are both named as Top 10 Trucking Trial Lawyers by the National Trial Lawyers Association.
Since our founding in 1959, Munley Law has recovered millions for truck accident victims; we understand how to investigate FMCSA violations, preserve Electronic Logging Device (ELD) data, and hold negligent truck drivers and trucking companies accountable. When you work with Munley Law, we handle the legal battle while you focus on recovery.
Some of our most significant truck accident recoveries include settlements and verdicts for:
- $26 million
- $19.8 million
- $11 million
- $9.95 million
- $9 million
Contact Munley Law’s Pennsylvania truck accident attorneys today to schedule a free consultation and discuss your claim, obligation-free.
Daniel W. Munley
Daniel W. Munley is a nationally recognized, leading truck accident lawyer. He has been board certified in Truck Accident Law by the NBTA as well as being a charter member for the American Association for Justice Trucking Litigation Group. Daniel often takes part in speaking engagements presenting the latest cutting-edge technology and trial techniques to help attorneys nationwide protect the rights of truck accident victims. Additionally, Daniel has secured numerous multi-million dollar settlements for victims, including the largest truck accident settlement for an individual plaintiff on record in Northern Pennsylvania, at $26 million.
