When you get into a truck accident, you could face serious injuries. Because these vehicles are often 20 times the weight of regular sedans, your vehicle could be destroyed, and you could be left in the hospital.
Our attorneys are not afraid to go up against even the biggest trucking and insurance companies to get you the damages you deserve in an injury case. We also represent injured truckers and other victims of truck accidents, such as cyclists and pedestrians.
For a free case evaluation, call our truck accident lawyers today at Cardamone Law at (267) 651-7945.
Who Do You Sue in a Trucking Accident
Truck accidents are not always the trucker or the trucking company’s fault, though that is typical. Instead, you have to investigate what happened and who caused the crash to determine who to sue.
Trucking Companies
Trucking companies can often be responsible for a crash in two ways.
- Directly, because of something they did wrong, such as negligent hiring of a dangerous driver or negligent upkeep of their vehicles.
- Vicariously, because one of their drivers caused the crash while performing their job duties.
In either case, you can often sue the trucking company for their portion of the blame.
If you were hurt as a trucker, you might not be able to sue your own employer, but you can sue other commercial drivers’ employers if they caused the crash.
A Driver
Whether the at-fault driver is the trucker or another driver in the crash, you can hold them liable for what they did. As mentioned, when a trucker is working, you can sue their employer in their place.
If the trucker was an independent driver or the at-fault driver is someone else – not a commercial driver – then you might only be able to hold them at fault directly and get paid through their insurance.
How to File a Lawsuit for a Truck Accident in Harrisburg
Many cases are only resolved through a lawsuit, but getting to that stage often requires a few initial steps.
“Full Tort” vs. “Limited Tort” Insurance
In Pennsylvania, your auto insurance needs to include at least some first-party benefits, and your ability to sue may be restricted depending on the type of policy you have.
- Full Tort policies are a bit more expensive, but you retain your right to sue for any injuries.
- Limited Tort policies restrict your right to sue for accidents to cases with “serious injuries” or a few other exceptional situations, but they are cheaper.
Limited tort policies often have more first-party benefits, but you can never recover “pain and suffering” from those benefits. This makes suing an important part of a full recovery.
Elements of Negligence
To win a car accident lawsuit, you typically have to show the other driver was “negligent.” This requires four elements:
- The defendant owed you a legal duty. This is usually based on traffic laws, e.g., a duty to drive sober or a duty to follow the speed limits.
- The defendant breached that duty. This may be a specific violation or a violation of the duty to drive as a reasonably prudent driver would.
- That breach caused the crash.
- The crash left you with injuries and damages.
Insurance Claims
No matter what type of insurance you have, you usually start your case by filing with the defendant’s insurance. Then, if they pay up, there is nothing further to do. If they refuse to pay in full or negotiations break down, we can take the case to court.
Filing Your Claim
Your truck accident attorneys can file your case in court and serve the defendant with a copy of the papers. Most cases must be filed within 2 years of the crash.
Can Trucker Sue for Truck Accidents?
Typically, when truck drivers get into accidents, they are working. If you happen to be off duty while in a truck, then you would be able to file through insurance or file a lawsuit as normal.
If you are working within the scope of your duties when you get hurt, then you might not be able to sue your employer. However, your right to sue other parties is not affected; you can still sue another driver who hit you.
Can a Truck Driver File for Workers’ Comp?
The other way to potentially get your injuries covered if you were working as a truck driver when the crash happened is to file a Workers’ Compensation claim. As long as you properly qualify as an “employee” rather than an independent contractor, your employer’s Workers’ Comp should pay for your injuries.
This should work even though you do not have a traditional workplace or work site where you were injured. As long as your injuries stem from your job of driving a truck, you should still be covered for medical bills, a portion of lost wages, and potential “specific loss” benefits.
How Much is a Truck Accident Case Worth?
Truck accidents are often worth more than other auto accident cases for a few reasons:
- The damage to vehicles is often more severe, since trucks are so much larger.
- Drivers and passengers are more likely to face serious injuries, which are more expensive to treat.
- Trucking companies are often able to pay damages above and beyond what everyday drivers can afford.
- Truck insurance policies are usually commercial policies with higher limits than everyday drivers.
What Damages Can You Claim?
Most auto accident cases deal with these four areas of damages, plus any other economic effects of the crash:
- Medical bills
- Lost wages
- Pain and suffering
- Vehicle repair or replacement costs.
Do You Need a Lawyer?
While you might think you can handle a claim through insurance without an attorney, you should always work with one, especially for a truck accident case. These cases often deal with serious injuries that insurance companies are unwilling to pay for in full.
Our lawyers can negotiate and, if things fall through, take your case to court. Plus, you cannot recover pain and suffering through your own insurance, so you will need to go through an adversarial process to get them.
The defense will typically have a lawyer because their insurance provides one, so you should have one as well.
Call Our Truck Accident Attorneys in Harrisburg Today
For your free case evaluation, call Cardamone Law’s truck accident attorneys at (267) 651-7945.
