Carol Rosenbloom Associates, LLC | Pittsburgh, Pennsylvania
Truck Accidents: Frequently Asked Questions:
The Western Pennsylvania and Pittsburgh, Pennsylvania, law firm of Carol Rosenbloom Associates, LLC represents truck crash victims and families statewide in personal injury and wrongful death claims. From our many years in this arena of litigation, our lawyers have learned a great deal about truck accidents and claims for damages.
The following truck accident information is not meant as legal advice or as a substitute for legal representation. You should use this FAQ as a guide to ask good questions when you consult with a qualified attorney to discuss the unique facts and circumstances of your truck accident.
What Should I Do If I Have Been in a Truck Accident?
- Render first aid and summon medical professionals.
- Contact an attorney as soon as possible. He/She will send investigators to the site, advise you of your rights, and recommend steps to take.
- DON'T GIVE STATEMENTS to police, insurance adjusters, other driver(s), or bystanders. Any admission of fault may reduce your ability to recover damages.
- If possible, take photos of damage to both vehicles, debris, your visible injuries, and the general scene.
- Get contact information from any witnesses before they leave the scene (let your attorney get their statements).
- Record the truck driver's name, driver's license number, license plate numbers of the cab and trailer.
- Exchange personal information (including insurance information) with all drivers involved.
- See a doctor as soon as possible. Seemingly minor injuries can turn out to be serious - brain trauma, fractured bones, soft tissue injury. Carefully document your injuries, your treatment, and your recovery over the next weeks and months.
- Report the accident to your insurance agent, but stick to basic facts (where it occurred, when, vehicles involved). DO NOT SIGN ANYTHING without talking to your attorney.
- Make sure that your vehicle and the truck are inspected before any repairs are made. Your attorney can arrange this.
What Causes Most Truck Accidents?
Truck accidents may be caused by a variety of factors: truck driver error, negligence by the driver of the passenger vehicle, trucker fatigue, poor truck maintenance, manufacturing defects (tires), overloaded trucks, imbalanced or unsecured loads, road conditions, or hazards in the roadway.
What Regulations Apply to Trucks and Truck Drivers?
Drivers of semi tractor-trailers and other commercial vehicles (10,000 pounds or more) must hold a valid commercial driver's license (CDL). The trucking industry is regulated by the U.S. Department of Transportation (DOT). Commercial vehicles are limited to the amount of weight per axle they may carry (maximum 80,000 pounds for an 18-wheeler). Drivers may face stricter limits on certain local roads in Pennsylvania.
Federal regulations (Hours of Service) state that over-the-road drivers must take 10 hours of off-duty rest after driving 11 hours in one shift. After 60 hours total in a seven-day period or 70 hours in an eight-day period, the truck driver must take 34 hours rest before resuming driving. Some exceptions apply for shifts longer than 11 hours, and for short-haul drivers. Drivers are required by federal law to keep a log of each trip.
Who May Be Sued in a Truck Accident?
Truck accidents often involve multiple vehicles. Your attorney should be experienced in complex litigation involving multiple parties and the insurance issues that often arise. If the truck driver was at fault, you may sue the driver personally and usually the trucker's employer. The owners of the tractor-trailer cab, the trailer, and the freight may all be liable in part, as well as the truck's manufacturer or a third-party maintenance company. If a third driver caused the accident, you may sue for damages under their auto liability policy.
Are Trucks Required to Be Insured?
Trucks governed by the U.S. Department of Transportation must carry at least $750,000 in liability insurance for bodily injury or death.
What Compensation May I Recover?
Victims of truck accidents may recover damages for lost wages and medical bills, lost future earnings if the accident resulted in permanent disability, future medical expenses, pain and suffering, and loss of quality of life. In wrongful death cases, surviving family members (the estate) may recover lost economic contributions, loss of companionship/parenting, medical, and funeral expenses.
Is There a Statute of Limitations for Lawsuits?
In general, plaintiffs in Pennsylvania must file a lawsuit within two years of the date of the accident for a personal injury claim. Your attorney can explain whether exceptions or extensions apply in your case.
What If I Was Partly at Fault?
Pennsylvania is a comparative negligence state. Under a strict reading of the law, you may recover damages if you are found to be even 50 percent at fault. As a practical matter, however, you may be able to collect if you share some of the blame but the truck driver or trucking company was predominantly at fault. DO NOT DISCUSS fault with anyone other than your attorney.
