A collision with a “big rig” can result in thousands of dollars in lost wages, medical bills, and pain and suffering. You may be confined to bed, unable to bathe or dress yourself, relying solely on a caretaker. Given the complexities of a truck accident, you may be unsure of how to pursue compensation.
Thankfully, our Harrisburg, PA, trucking accident lawyers understand that every accident has many moving parts. Knowing what information to look for will help pinpoint liability. In some cases, multiple parties may be held liable.
Your Type of Insurance Coverage Matters in PA
Our legal team recommends attempting to settle your accident claim through insurance first. Although you do have the choice to file a claim against the trucking company’s commercial insurance, this may take longer. By filing medical bills through your own personal injury protection (PIP) coverage (known as “first party benefits”), you are more likely to be compensated faster.
The Commonwealth offers two types of auto insurance: “Limited tort” and “full tort” coverage. Limited tort insurance allows the insured to be reimbursed for all out-of-pocket expenses related to the accident. In contrast, full tort coverage will allow you to sue the trucking company or other liable party. Full tort policyholders are permitted to recoup noneconomic damages, such as pain and suffering and post-traumatic stress disorder (PTSD). If you are unsure what type of insurance coverage applies, our Harrisburg, PA, trucking accident attorneys are more than happy to review your policy.
Exceptions to “Limited Tort” Coverage
According to 75 Pa.C.S. § 1705(d), there are six situations in which you will qualify for full tort compensation. This will allow you to exit the “no fault” system and sue the trucking company or other liable parties. These statutory exceptions include:
- If you were struck by a vehicle as a pedestrian or cyclist
- If you were a passenger in a commercial vehicle, motorcycle, taxi, ride-share company vehicle, or any vehicle other than a passenger vehicle
- If the at-fault driver is convicted of a DUI
- If the at-fault driver is uninsured
- If the at-fault driver is operating a vehicle registered in another state
- If you suffered a “serious injury” under the law, including significant impairment of bodily function, permanent serious disfigurement, or death. Most trucking accidents result in serious injuries, allowing the victim to sue under this exception.
Trucking Company and Truck Driver May Be Named as Co-Defendants
Sometimes, a truck accident can only be resolved in court. The circumstances behind your accident will determine who will be named as a defendant in your lawsuit. When the truck driver makes an error that causes the crash, the driver will be named as a defendant in the lawsuit.
Under the laws of vicarious liability, you may be able to name the trucking company as a co-defendant if the truck driver is an employee. After all, the trucking company owns the rigs and hires and trains the drivers to operate them. Since the trucking company has control over the driver’s job tasks, under the principle of respondeat superior, the trucking company will have to answer for its actions.
To hold the truck driver responsible as an employee, you will have to show that the accident occurred in the scope of their employment. If the truck driver is an independent contractor, then they will be named as the sole defendant. In situations where the truck driver was off duty, the trucking company may fight liability.
Our legal team can assist you in discerning which parties are responsible for the harm you experienced. If the trucking company disputes liability, our personal injury attorneys will investigate further. In some cases, a driver may have a history of bad driving, which could still allow us to name the trucking company as a co-defendant.
Speak with Our Harrisburg, PA, Trucking Accident Attorneys
At Shollenberger Januzzi & Wolfe, we know the life-altering changes that can accompany a truck accident. If you or a family member has been hit by a “big rig” while driving, our Harrisburg, PA, trucking accident lawyers would like to assist you. For more than 30 years, we have assisted individuals in securing compensation for their physical, financial, and emotional damages. Our commitment to our clients remains steadfast. To arrange your free consultation or to learn more, contact us online or by phone at (717) 229-6580 today.