{"id":376087,"date":"2019-05-03T10:35:55","date_gmt":"2019-05-03T15:35:55","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/pennsylvania-law\/what-to-do-after-a-truck-accident-in-pennsylvania.html"},"modified":"2019-05-03T11:35:57","modified_gmt":"2019-05-03T16:35:57","slug":"what-to-do-after-a-truck-accident-in-pennsylvania","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/pennsylvania-law\/what-to-do-after-a-truck-accident-in-pennsylvania.html","title":{"rendered":"What to Do After a Truck Accident in Pennsylvania"},"content":{"rendered":"\n
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What to Do After a Truck Accident in Pennsylvania<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Strengthened safety regulations and advances in automotive technology have made the roads increasingly safer. However, when accidents involve eighteen-wheelers and other heavy trucks, car safety does little to protect the occupants of the automobile. Statistics show that the number of fatal injury crashes in Pennsylvania involving heavy trucks<\/a> have remained fairly consistent despite the overall decline in motor vehicle fatalities. Simply stated, it’s important to know what to do after a truck accident in Pennsylvania before<\/i> it happens.<\/p>\r\n

Immediately After a Truck Accident: The Basics<\/h2>\r\n

Depending on the seriousness of the accident, the first thing you should do<\/a> is stop and (if possible) move your vehicle off the roadway and to a safe spot. Call 911 to request the police and medical help required. Then, render aid to anyone who’s injured (be careful not to move them unless they’re in immediate danger). The next step is to exchange certain information with the driver, such as driver’s license numbers, license plate and vehicle information, and insurance information (you can use a cell phone camera to record this information). You’ll also want to get the contact information for the employer of the driver.<\/p>\r\n

No matter who you think was at fault, speak with witnesses, take pictures, write down details of what happened, and generally gather as much information as you can while the incident is fresh in your mind. You’ll need this when you file your claim and possibly to defend against a claim.<\/p>\r\n

Liability and Pennsylvania Truck Accidents<\/h2>\r\n

Pennsylvania uses a modified comparative fault model when determining negligence<\/a> and liability for damages. This means that the plaintiff’s award for damages will be reduced in relation to their percentage of fault for the injuries (the percentage of which is determined by the court). However, plaintiffs won’t collect a dime if they’re found to be more than 50 percent at fault for the accident. Keep in mind that insurance claims adjustors base their decisions on what a court may decide if the claim were to get that far.<\/p>\r\n

Pennsylvania Truck Accident Laws at a Glance<\/h2>\r\n

You shouldn’t need a law degree to understand the laws that affect your life, especially when you need information fast. That’s why we’ve provided some key, "legalese-free" information on Pennsylvania truck accidents below.<\/p>\r\n\r\n
Statutes<\/b><\/td>\r\n

Pennsylvania Statutes, Title 75:<\/p>\r\n

Causes of Action and Damages<\/b><\/td>\r\n

If you’ve been injured as the result of a truck accident, you may be able to file a claim for damages if the truck driver (or another involved party) was negligent<\/a>. The truck driver’s employer, the owner of the truck, the manufacturer of the truck, the truck maintenance company, and other parties also may be held liable.<\/p>\r\n

Examples of negligence include:<\/p>\r\n

Federal Trucking Regulations<\/b><\/td>\r\n

Truck drivers and their employers must adhere to Federal Motor Carrier Safety Administration (FMCSA) regulations<\/a>, as well as Pennsylvania Department of Transportation (PennDOT) regulations<\/a>. You’ll want to establish whether the truck driver violated any of these regulations before filing a claim, which include:<\/p>\r\n

Statute of Limitations<\/b><\/td>\r\n

Within 2 years<\/i><\/b> if anyone was injured or killed in the accident (also, within 2 years for property damage).<\/p>\r\n

Keep in mind that for wrongful death claims<\/a> the "clock" starts running at the time of the victim’s death, which may come later than the date of the accident.<\/p>\r\n

See also Pennsylvania Civil Statute of Limitations<\/a>.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Research the Law<\/h2>\r\n