Pottstown Truck Accident Attorney
Protecting Accident Victims in Montgomery, Chester & Berks Counties
Pennsylvania Truck Accident Legal Guide
How long do I have to file a truck accident lawsuit in Pennsylvania?
Like all civil claims, truck accident injury cases are subject to a legal time limit commonly known as a "statute of limitations." In Pennsylvania, truck accident victims have two years from the date of their injuries to file a lawsuit in the state's court system against the responsible parties. With that being said, this time limit can change under select circumstances. Do not hesitate to reach out to an attorney to determine exactly how the statute of limitations applies to your case.
What if I was partially to blame for the crash?
If you share some level of fault for the truck accident that caused your injuries, you may still be able to pursue some level of compensation. In shared-fault injury cases, Pennsylvania follows a rule known as "modified comparative negligence" which means that the amount of compensation an injured party is eligible to receive will be reduced by an amount equal to their share of fault as long as they are found to be 50% or less at fault. For example, if you were injured in a truck accident and suffered $50,000 total damages. At trial, the jury finds you to be 10% at fault for the crash. Under Pennsylvania's comparative negligence rules, you will only be able to recover $45,000 total compensation (or $50,000 minus the $5,000 that represents your share of fault).
What type of compensation will I be able to recover?
Depending on the circumstances of your case, you may be eligible to recover compensation for the value of damage to your vehicle, present and future medical expenses, lost wages and other income, pain and suffering, and wrongful death (if a loved one was killed). In rare cases where a truck accident is caused by extreme negligence, additional punitive damages may be awarded to the injured party.
What should I do at the accident scene?
While you are still at the scene of your truck accident, be sure to do the following:
- Stay calm and get to a safe place, if you are able to move.
- Call 911, even if your injuries seem to be minor.
- Seek medical help for yourself and your passengers.
- Stay at the accident scene until you are permitted to leave by the responding police officer.
- Get the names, addresses, phone numbers, email addresses, insurance information, driver's license numbers, and license plate numbers of all involved parties.
- Get the contact information of any witnesses to the crash for future reference.
- Take photographs of all damage, the positioning of the vehicles, traffic patterns, weather conditions, and any other details that help paint a picture of what happened.
- Do not admit fault or apologize.
- Tell the police your version of the events of the crash. Stick to the facts and avoid speculation.
What should I do in the days after a truck accident?
In the days after a truck accident, be sure to:
- Request a copy of the police report for your crash.
- Keep a detailed record of all medical treatments you receive and how your injuries impact your day-to-day life. Record your pain levels and any tasks you are unable to complete as a result of your injuries.
- Keep a list of all out-of-pocket expenses you incur as a result of your injuries.
- Speak with an attorney prior to accepting any settlement offer from an insurance company.
The insurance company wants me to provide a statement. What should I do?
To protect your legal rights, do not consent to any written or recorded statements after your truck accident. Politely refuse their requests for a statement and have your attorney speak with them instead. No matter how friendly or concerned for your well-being an insurance adjuster may seem, their primary goal is to protect the insurance company's interests – not yours.
Should I accept the insurance company's settlement offer?
Never accept any settlement offered by the insurance company after a truck accident without first discussing your situation with an attorney. Insurance settlements are often lower than what survivors deserve and are offered with the intent of getting them to accept less while signing away their ability to pursue further compensation. During a free consultation, our attorneys are ready to listen to your case and can recommend the best course of action.
How long will my truck accident case take to resolve?
Every truck accident is different, therefore it is nearly impossible to predict how long it will take to resolve your case. With that being said, cases that involve more severe injuries such as traumatic brain injuries, paralysis, or amputations tend to have a longer timeline than those with comparatively minor injuries such as whiplash. Generally speaking, you do not want to enter the settlement negotiations phase of your case until you have received all medical treatments for your injuries as this will help your attorney make the right demands. Likewise, the timeline of your case will be heavily influenced on factors such as the level of cooperation of the insurance company, the complexity of the laws applicable to your case, and whether or not your case ends up going to trial.
Get a Free Truck Accident Case Evaluation in Pennsylvania
An attorney who has sued trucking companies previously usually gets a larger settlement than an attorney with no experience prosecuting a lawsuit against a large trucking company.
You have rights if you were injured by an errant truck driver. If someone you love was killed in a truck accident, you can obtain compensation for the loss of wages, loss of consortium, pain, suffering and medical bills. Find the best, most experienced personal injury lawyer you can so that you get the best results from your lawsuit.
We offer risk-free case evaluations. We handle all truck accident cases on a contingency fee basis. You won't pay any legal fees if we don't recover compensation for you.
Truck Accident Frequently Asked Questions
How long do I have to file a truck accident lawsuit in Pennsylvania?
Like all civil claims, truck accident injury cases are subject to a legal time limit commonly known as a "statute of limitations." In Pennsylvania, truck accident victims have two years from the date of their injuries to file a lawsuit in the state's court system against the responsible parties. With that being said, this time limit can change under select circumstances. Do not hesitate to reach out to an attorney to determine exactly how the statute of limitations applies to your case.
What if I was partially to blame for the crash?
If you share some level of fault for the truck accident that caused your injuries, you may still be able to pursue some level of compensation. In shared-fault injury cases, Pennsylvania follows a rule known as "modified comparative negligence" which means that the amount of compensation an injured party is eligible to receive will be reduced by an amount equal to their share of fault as long as they are found to be 50% or less at fault. For example, if you were injured in a truck accident and suffered $50,000 total damages. At trial, the jury finds you to be 10% at fault for the crash. Under Pennsylvania's comparative negligence rules, you will only be able to recover $45,000 total compensation (or $50,000 minus the $5,000 that represents your share of fault).
What type of compensation will I be able to recover?
Depending on the circumstances of your case, you may be eligible to recover compensation for the value of damage to your vehicle, present and future medical expenses, lost wages and other income, pain and suffering, and wrongful death (if a loved one was killed). In rare cases where a truck accident is caused by extreme negligence, additional punitive damages may be awarded to the injured party.
What should I do at the accident scene?
While you are still at the scene of your truck accident, be sure to do the following:
- Stay calm and get to a safe place, if you are able to move.
- Call 911, even if your injuries seem to be minor.
- Seek medical help for yourself and your passengers.
- Stay at the accident scene until you are permitted to leave by the responding police officer.
- Get the names, addresses, phone numbers, email addresses, insurance information, driver's license numbers, and license plate numbers of all involved parties.
- Get the contact information of any witnesses to the crash for future reference.
- Take photographs of all damage, the positioning of the vehicles, traffic patterns, weather conditions, and any other details that help paint a picture of what happened.
- Do not admit fault or apologize.
- Tell the police your version of the events of the crash. Stick to the facts and avoid speculation.
Contact Mayerson Injury Law, P.C. For a Free Case Evaluation!
An attorney who has sued trucking companies previously usually gets a larger settlement than an attorney with no experience prosecuting a lawsuit against a large trucking company.
You have rights if you were injured by an errant truck driver. If someone you love was killed in a truck accident, you can obtain compensation for the loss of wages, loss of consortium, pain, suffering and medical bills. Find the best, most experienced personal injury lawyer you can so that you get the best results from your lawsuit.
We offer risk-free case evaluations. We handle all truck accident cases on a contingency fee basis. You won't pay any legal fees if we don't recover compensation for you.
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