Truck Accident Injuries in Pennsylvania: The Legal Process

Suffering from truck accident injuries is a traumatic experience. The sheer size of commercial trucks means the results can be devastating when colliding with smaller vehicles. Whether the crash happened on busy I-76, a Philadelphia interstate, or a rural highway in western Pennsylvania, victims often feel overwhelmed and unsure of their next steps.

If you or a loved one has been injured in a truck accident, contact us here or call 1-800-535-1797 for a free consultation. Our team at Raynes & Lawn comprises some of the top injury attorneys in the state, who have recovered millions of clients injured in truck accidents. See more about the truck accident cases we have handled.

Key Pennsylvania Laws After a Truck Accident

Comparative Negligence: Pennsylvania follows a comparative negligence rule, which means fault can be shared among parties. Simply put, each party involved in the accident can be assigned a percentage of the blame. If you are found partially at fault for the accident, your compensation can be reduced by that percentage. For example, if you were 20% at fault and suffered $100,000 in damages, you could recover 80% (or $80,000). However, Pennsylvania uses a “51% bar” rule – if you are more than 50% at fault for the accident, you cannot recover damages from the other parties. If you are 50% or less at fault, you can still recover compensation, but it will be reduced according to your share of the blame. This rule ensures that an injured person can seek compensation even if they bear some responsibility, as long as another party is primarily at fault.

Statute of Limitations (Deadline to Sue): Like every state, Pennsylvania has a law that sets a deadline for filing a personal injury lawsuit. Pennsylvania’s statute of limitations for personal injury claims, including those from a truck accident, is two years from the accident date. This means you have 24 months from the day of the crash to file a lawsuit for your truck accident injuries. If you fail to file within this time frame, you will lose your right to pursue compensation through the courts.

Insurance Claims and Determining Liability

Pennsylvania Insurance Basics: Pennsylvania is a “choice, no-fault” state for car insurance. You chose “limited tort” or “full tort ” when you purchased your auto insurance.” If you carry limited tort coverage, your insurance (Personal Injury Protection, or PIP) will cover your medical bills up to a certain amount, regardless of who was at fault. However, limited tort usually restricts your ability to sue the at-fault driver for pain and suffering unless your injuries meet the legal definition of “serious injury.” In a truck accident, injuries are often serious (broken bones, significant scars, etc.), so even if you have limited tort, you will likely qualify to step outside the no-fault system and pursue a whole claim against the responsible parties. If you have full tort coverage, you retain the unrestricted right to seek compensation for all damages (medical bills, lost wages, pain and suffering, etc.) from the at-fault party. Regardless of the tort option, your own insurer should be notified and will often pay PIP benefits for medical expenses promptly. At the same time, the process of determining fault and additional compensation unfolds longer.

Determining Liability (Who Is at Fault): Identifying who is responsible for a truck accident can be more complex than a two-car crash. In a simple car accident, it’s usually just the drivers involved. But with commercial trucks, there are often multiple parties that could share liability, such as:

Truck Driver: If the truck driver was negligent (for example, by speeding, running a red light, or driving while distracted or fatigued), they can be held liable for the accident.
Trucking Company: Employers are generally responsible for the actions of their employees under a principle called respondeat superior (vicarious liability). If the truck driver was on the job, the trucking company may be liable for the driver’s negligence. Additionally, the company could be directly negligent if they failed to train the driver properly, forced unrealistic schedules leading to driver fatigue, or neglected vehicle maintenance.
Cargo Loader or Shipper: Sometimes accidents happen because the truck’s cargo was improperly loaded or secured. An overloaded truck or load shifting in transit can cause the driver to lose control. The company or crew that loaded the truck (or the freight shipper) might bear responsibility in such cases.
Vehicle or Parts Manufacturer: If a mechanical failure (like brake failure or tire blowout) caused the wreck and that failure was due to a defective part, the truck or specific part manufacturer could be liable under product liability law.
Other Motorists or Parties: Truck accidents often involve multiple vehicles. Another car might have cut off the truck or contributed to the crash. A government entity or contractor could be involved if poor road design or construction played a role. Each case is unique.

Insurance Claims Process: Once liability is being sorted out, you will typically file an insurance claim (or claims) against the responsible party’s insurance. In a truck accident, the truck driver and trucking company usually have substantial insurance policies. Federal regulations require commercial trucks to carry higher liability insurance limits (often $750,000 or more and higher for trucks carrying hazardous materials) because of the potential for severe damage. This is good news for injured victims because more coverage may be available to pay your claim. However, dealing with insurance companies can be challenging:

Investigation by Insurers: Expect the insurance companies (your own and the trucking company’s) to investigate the accident. A claims adjuster may call you for a statement or ask for documentation. Be cautious when speaking with the other side’s insurer – you have the right to decline to give a detailed statement or to have your attorney handle communications. The trucking company’s insurer will seek ways to minimize or deny your claim.
Settlement Offers: It’s common for an insurance company to offer a settlement once they determine fault and review your medical records. Do not rush to accept an early settlement if you are still treating or don’t know the full extent of your injuries. Early offers are often lower than you may need, especially if you have ongoing medical needs or lost income. It’s okay to consult your truck accident lawyer and negotiate. Remember that once you accept a settlement and sign a release, you generally cannot return and ask for more money later.
Comparative Fault Arguments: Pennsylvania insurance adjusters will consider comparative negligence when evaluating your claim. They might argue you were partly to blame for reducing their pay. For example, they might say you were driving slightly over the speed limit or not paying full attention. This is a common tactic. Evidence (police reports, witness statements, etc.) can counter these claims. If you are found, say, 10% at fault, the insurer would only offer to pay 90% of your damages. Your attorney can advocate for you to minimize any assigned fault on you if it’s not supported by evidence.

Throughout the insurance claim process, having a truck accident law firm in Pennsylvania on your side can be highly beneficial. Experienced attorneys understand insurance companies’ tactics and can handle communications and negotiations for you.

Filing a Claim and the Legal Process Timeline

Initial Claims and Investigation: After the accident, insurance claims are filed once you have begun medical treatment and gathered some initial evidence. This could be a claim with the truck driver’s insurance, the trucking company’s insurer, or other at-fault parties’ insurers. During this period, both your side and the insurance companies are investigating. You’ll exchange information, and your attorney will communicate with the insurers.
Settlement Negotiations: After you finish acute medical treatment (or have a long-term care plan for any permanent injuries), your attorney will put together a demand package to send to the insurance company. This includes medical bills, records, evidence of lost wages, and a letter describing the accident and your damages, including a dollar amount that would fairly compensate you. Then, negotiations begin. The insurer might respond with a lower offer, and back-and-forth talks ensue. Many truck accident cases settle at this stage without needing to file a lawsuit, especially if liability is clear and the damages (costs) are well-documented.
Filing a Lawsuit: If a fair settlement cannot be reached through negotiations or if the statute of limitations deadline is approaching, the next step is to file a lawsuit. Your attorney will draft a legal complaint detailing how the accident happened, your injuries, and why the defendants (e.g., the truck driver and trucking company) are liable. This is filed in the appropriate Pennsylvania court (often the Court of Common Pleas in the county where the accident occurred, such as Philadelphia County if the crash was in Philadelphia).
Discovery Phase: After a lawsuit is filed, both sides engage in discovery, exchanging information and evidence. Each side can send interrogatories (written questions) and document requests to the other. For example, your lawyer may request the trucking company’s maintenance records, and the defense might request your medical history.
Mediation and Further Negotiations: It’s common for courts to require mediation or settlement conferences after discovery to give one more chance for resolution before trial. A neutral mediator (often a retired judge or experienced attorney) will work with both sides to see if they can agree on a settlement. Many cases settle at this stage, avoiding the uncertainty of trial. If a settlement is reached, the case ends here, and you will receive the agreed compensation (usually within a few weeks of signing the settlement agreement).
Trial (If No Settlement): The case proceeds to trial if no settlement is reached. From the time of filing the lawsuit to the trial date, it can easily be a year or more, given court schedules and the lengthy discovery process. When your day in court arrives, both sides will present their evidence before a jury (or sometimes a judge alone). We’ll discuss what to expect at trial in the next section. The trial may last anywhere from a day or two to several weeks, depending on the complexity and number of witnesses. After both sides present their case, the jury deliberates and returns a verdict, deciding issues of liability and how much money (damages) to award, if any.

What to Expect If Your Case Goes to Court

Preparation Before Trial: Your attorney will have been busy preparing before you step into a courtroom. You may have met with your lawyer to review your testimony, and you’ll know what questions to expect beforehand. Both sides will have assembled exhibits (like photographs, diagrams of the crash, and medical reports) and lined up witnesses. Some witnesses will be “expert witnesses,” such as an accident reconstruction expert or a doctor who can explain your injuries to the jury.
Jury Selection: In a jury trial, the first step in court is selecting a jury. The judge and the attorneys in a voir dire process question a pool of local citizens. Each side can strike certain jurors they feel might be biased. The goal is to choose a fair and impartial jury. For example, the trucking company’s attorney might not want a juror with a family member seriously injured in a crash, as they may sympathize with you. Likewise, your attorney might be wary of a juror who works in trucking or insurance.
Opening Statements: The trial begins with each side’s attorney giving an opening statement. This is a roadmap of what they intend to prove. Your attorney will likely outline how the truck accident happened, how the defendant was negligent, and how it caused your injuries and losses.
Presentation of Evidence: After openings, the plaintiff’s side (your side) presents its case first since you carry the burden of proof. This means your attorney must prove on a “preponderance of evidence” (more likely than not) that the defendants were negligent and caused your injuries. Your lawyer will call witnesses to testify. You will almost certainly testify in your case, describing the accident and how your truck accident injuries have affected your life.
Defense’s Turn: After your side rests (finishes presenting evidence), the defense can present its case. The trucking company’s lawyers might call the truck driver to testify, who could claim, for example, that you swerved in front of him unexpectedly. They might bring in their own expert to interpret the accident differently (perhaps blaming a slick road or another vehicle). The defense could also have a medical expert examine you and testify that your injuries were pre-existing or not as severe as claimed – this is common in injury trials.
Closing Arguments: Once all witnesses have testified, each side gives a closing argument. This is their final chance to address the jury. Your attorney will likely summarize all the evidence, highlighting supportive testimony (like an unbiased witness who confirmed the truck ran a red light or the trooper who testified that the truck driver seemed fatigued). They will remind the jury of your injuries and losses, possibly suggesting a dollar amount for damages if not specified. The defense will do the same, probably emphasizing any contributory negligence on your part or inconsistencies in your case.
Jury Deliberation and Verdict: After instructions on the law from the judge, the jury deliberates in private. They will weigh the evidence and answer questions given by the judge, such as: Was the truck driver (or other defendant) negligent? If yes, was that negligence a factual cause of harm to you? Were you careless, and if so, what percentage of fault do you bear? What damages would fairly compensate you? The jury must reach a verdict, which in civil cases does not have to be unanimous in Pennsylvania state court – a 5/6 majority can decide (for example, if 10 out of 12 jurors agree).

Work with a Pennsylvania Personal Injury Lawyer

Going to trial can be intimidating, but remember that by this point, you will have a legal team guiding you and months (or years) of preparation behind your case. The court process is formal – you’ll be addressed as “Plaintiff” or by name, and you must dress and behave respectfully – but your lawyer will make sure you know courtroom etiquette. While trials are public proceedings, the focus will be on the facts of the accident and your injuries. It’s normal to feel nervous, but many victims also find that telling their story in court is validating. And importantly, the possibility of trial often motivates fair settlements – the trucking company knows that if they don’t offer enough, a jury could compel them to pay a significant sum. Whether or not your case goes all the way to verdict, being prepared for the court process ensures you won’t be caught off guard.