Easton is on many popular trucking routes, and thousands of 18-wheelers pass through the area nearly every day. If you were hurt in a crash and need help recovering damages, work with a lawyer.
Our attorneys can fight insurance companies and trucking companies to get you the money you need to pay for medical bills, lost wages, pain and suffering, vehicle damage, and more. If you were the truck driver, we can also potentially help you file Workers’ Comp claims to get paid for lost wages, medical bills, and specific loss damages.
For your free case evaluation, call Cardamone Law’s truck accident attorneys at (267) 651-7945.
Can You Sue for Truck Accidents?
In many cases, you can sue, but your insurance and the facts of your case might change this.
Pennsylvania’s Insurance System
In Pennsylvania, your insurance is either a “full tort” insurance policy that preserves your right to sue for any case, or a “limited tort” insurance policy that only lets you sue for serious injuries, DUI accidents, and other special carve-outs.
Limited tort insurance is cheaper and instead relies on first-party benefits, but you can still sue if your injuries are “serious.”
What Your Insurance Does and Doesn’t Cover
In Pennsylvania, your insurance must have at least $5,000 for medical coverage, but basically everything else is optional when it comes to what your insurance pays you. Any money you do get from your insurance, such as collision coverage, usually requires a deductible payment.
The defendant’s insurance, on the other hand, covers anything up to their policy limit. With commercial truck insurance, this limit is usually quite high, and it can pay for pain and suffering as well as economic damages.
Elements Needed for a Lawsuit
If you do meet the requirements to sue under your insurance, you still need to meet the legal elements for a personal injury case. Most car accidents are based on negligence, rather than intentional assault with a vehicle. Negligence requires proving these four elements:
- The defendant (usually the other driver) owed you a legal duty.
- They breached that duty.
- That breach caused the crash.
- The crash caused you injuries and damages.
Typically, the duty is either one of reasonableness behind the wheel or it is based on explicit traffic laws.
Who Do You Sue in a Truck Accident Case?
In many truck accident cases, you can sue the at-fault driver. If that was the truck driver, you can sue their employer in many cases. You may also have a case directly against the trucking company, but you cannot typically sue them as a trucking company employee.
Suing the Other Driver
If another driver caused the crash, you can hold them responsible. This often means filing a claim through their insurance. If negotiations break down or the insurance company refuses to pay full damages in a settlement, our truck accident lawyers can take the case to court.
Suing the Trucking Company Directly
If the trucking company caused the crash through something it did, you can sue it directly. This often comes down to cases involving
- Negligent hiring or retention of a dangerous driver
- Vehicle maintenance issues
- Missing equipment issues
- Other regulatory violations (e.g., hours of service)
- Violations of HAZMAT carrying rules.
If you were working for the trucking company, then you cannot typically sue your employer, but you may be able to file a Workers’ Compensation claim instead. You can still sue other at-fault parties, though.
Suing the Trucking Company for Vicarious Liability
If these elements were met in your case, then you can hold the trucking company liable for what its driver did to cause the crash:
- The truck driver caused the crash through negligence.
- The truck driver was a trucking company employee, not an independent contractor or independent driver (those are seen as “self-employed”).
- The truck crash happened within the scope of the trucker’s employment (i.e., not while performing personal errands with the truck).
If all three of these are met, you can sue the driver’s employer for the crash instead of relying on the individual driver to be able to pay.
How Long Do You Have to Sue for a Truck Accident in Easton?
Most cases must be filed in court within 2 years of the crash.
When Do Injured Truckers File for Workers’ Comp?
To file a Workers’ Comp claim for your crash, you have to file notice of your injury with your employer within 21 days of the crash. Then, if your initial claim is denied, you file a Claim Petition within 3 years of the crash.
What Does Your Insurance Cover?
In Pennsylvania, your own insurance covers $5,000 of medical care. Unless you add on additional coverage like injury coverage, first-party benefits, or collision coverage, nothing else will come from your insurance.
Your insurance does not cover pain and suffering and usually requires deductible payments, so you have to file against the at-fault driver to get damages paid in full.
What Should You Do After a Truck Accident?
After the crash…
- Call 911 and report the accident.
- Get immediate medical treatment for your injuries.
- At the scene, exchange information with all drivers and get witness contact info.
- Collect any other evidence you can at the scene, such as photos of damage and injuries.
- If you were working, report the injuries to your employer and continue medical treatment with approved providers.
- Call a lawyer.
- File insurance claims to try to get damages paid through your insurance and the at-fault driver’s insurance.
- If they refuse to pay full damages, file a lawsuit against the at-fault driver(s).
Can You Sue for a Crash Caused by Dangerous Vehicles?
If there was a problem with the truck’s equipment that violated federal trucking regulations or was caused by negligent maintenance, then you may be able to sue for that. Most of these cases would be filed against the trucking company, since they are ultimately responsible for equipment. They usually have in-house mechanics rather than sending vehicles to a shop.
If you were injured by your employer’s dangerous vehicle while you were working, you might not be able to sue your employer, but you can likely file for Workers’ Comp.
Call Our Easton Truck Accident Lawyers Today
For your free case evaluation, call (267) 651-7945 to speak with the truck accident attorneys at Cardamone Law.
