Have you been injured in a trucking accident? Hire an experienced Pennsylvania truck accident attorney to fight for your rights!

Semi-trucks, 18-wheelers, and other large commercial vehicles frequently cause severe damage and serious injuries when an accident occurs. If you’ve been injured, each experienced truck accident injury attorney at Kitay Law Offices is on your side. We’ll take on the trucking companies and insurance providers to demand the justice and compensation you and your loved ones deserve. We’ve served Pennsylvania for over 25 years and have recovered millions of dollars for our clients.  

Contact us to schedule your free, confidential, no-obligation case evaluation. Fill out our online form or call 888-KITAYLAW. We are The Law Firm With a Heart and are here for you 24/7.

Fatal Truck Accident Cases 

Should a truck accident result in the death of a loved one, the estate can still pursue a claim. This is called a “Survival Action.”  Family members are entitled to receive compensation if a truck accident causes the death of a loved one. Known as a “Wrongful Death” claim, these are governed by special sections of Pennsylvania law.[1]

We are here to help throughout your complex truck accident case. Don’t go it alone. Call our team 24/7. We’ll answer your questions, file all necessary legal documents, speak with your insurance company, and negotiate the very best truck accident settlement possible.

Don’t go it alone during this challenging time. Call on our team 24/7 to get started on your very important car accident case. We’ll answer your questions, speak with your insurance company, file all necessary legal documents, and negotiate the very best car accident settlement possible.

We Know Truck Accident Laws in PA and the USA

In addition to following state and local rules of the road, large trucks must follow comprehensive federal laws and regulations. In 1999, the United States Congress enacted a new law to help improve road safety involving large trucks.[2] The new law established the Federal Motor Carrier Safety Administration (FMCSA).  

While the FMCSA rules are numerous, below are a few important ones.

Hours of Driving

The FMCSA limits the hours that truck drivers can work depending on whether they are transporting goods or people.  For the transportation of goods,[3] some of the most important rules include:

• The driver must have had at least 10 hours of rest before starting a new work shift
• Driving cannot be for more than 14 hours straight
• If the trucking company operates commercial vehicles every day, the driver must have at least 34 hours off after working 70 hours within an 8-day period of time

For commercial vehicles and trucks that transport people,[4] some of the most important rules are:

• After having 8 hours off, the driver cannot drive more than 10 hours straight
• If the transportation company operates commercial vehicles every day, the driver must have time off after working 70 hours within an 8-day period of time

After an accident, the experienced truck accident attorneys of Kitay Law Offices will inspect whether the driver and company followed these regulations.

Record of Hours Driven

To help prevent a truck accident, the law also requires drivers to record their hours each day. Drivers may record their hours either manually or using an electronic device.  Interestingly, electronic recording may be completed using a special Electronic Logging Device (ELD). Commercial and truck drivers must record their hours using various categories, such as:

• OFF – Off duty
• SB – Sleeper Berth
• D – Driving
• ON – On-duty not driving

Drivers must submit their hours within 13 days of the day in which they worked.[5]  Other categories of documentation must be retained, as well.  Importantly, this serves to confirm that the driver’s recordings are accurate.  Retained documentation must include:

• Bills of lading, itineraries, schedules, or similar documents indicating the origin and destination of each trip
• Records of dispatches and trips
• Expense receipts
• Electronic communication records
• Payroll records reflecting payments to drivers
  

Keeping proper documentation is extremely important in these cases.  Failure to maintain the proper documentation may show that the driver was too tired to drive carefully.  As a result, this could strengthen your case that the truck driver or company was negligent in causing your accident.

Controlled Substance Testing

To help ensure that truck drivers are sober on the roads, testing procedures are in place.[7]  Importantly, testing must occur at several different times.  Generally, these include:

• Pre-employment Testing:  Companies must screen for controlled substances before a commercial driver begins their employment.
• Post-accident Testing:  As soon as possible following an accident on the roads, a truck or commercial driver must undergo alcohol testing.  This is especially true if the accident involved a fatality or the driver received a traffic citation related to the accident.
• Random Testing:  Annually, companies must test at least 10% of their drivers for alcohol.  For controlled substances, the minimum percentage increases to 25%.
• Reasonable Suspicion Testing: If the company has reason to believe that the truck driver has violated the controlled substance rules, it must administer a test for either controlled substances or alcohol.
  

As a result, it is highly important to ensure that proper testing procedures are followed in your case.  If the truck driver who caused your accident had not undergone the proper testing, the company may have been negligent in hiring that driver to begin with.

An experienced truck accident injury attorney at Kitay Law Offices will inspect these records while fighting your case.  Contact us 24/7 to schedule a free consultation.

Inspection, Repair, and Maintenance

Truck drivers and companies are required to ensure that their trucks are in good shape. This helps reduce the amount of crashes and, in turn, helps save lives.  To be clear, this must occur systematically.  In other words, truck companies cannot randomly decide to keep their trucks in good shape. They must have a system in place to ensure their trucks are always safe for operation.  Further, they must keep records, which may include:

• Identity of the vehicle
• Inspection due dates and planned maintenance operations
• Copies of inspections, repairs, and maintenance performed
• Records of tests ensuring that emergency equipment works properly
  

All too often, accidents happen because trucks are poorly maintained.  When you contact a truck accident lawyer at Kitay Law Offices, we’ll determine whether this applies to your case.

How a Truck Accident Is Different from Car Accidents

Truck accidents are very different from car accidents.  As a starting point, accidents between two passenger cars are more likely to include smaller fender benders where no injuries occur.  In those situations, our helpful guide can help you determine when you need a car accident lawyer.  In addition, passenger car accidents are more likely to require an evaluation between limited tort and full tort elections on your car insurance policy.

On the other hand, truck accident lawyers often see huge differences with truck accident cases.  As a starting point, here are some unique aspects involved in many truck accidents:

Large insurance policies

Trucking companies typically carry larger insurance policies because truck accident injuries are more likely to be severe.  As a result, the insurance company may appear to make a large settlement offer, but they actually have a lot more money available to pay on their policy.  As a result, it is important to retain an experienced truck accident lawyer to ensure you are receiving maximum compensation.

Heavier property damage

Since trucks are so large, they typically cause greater damage to other vehicles and surrounding property in a crash.

Greater chance of death or serious injuries

Even if you are properly secured in your vehicle, collisions with large trucks often cause severe injuries.  Unfortunately, these crashes frequently cause fatalities, as well.

Larger medical bills

Since serious injuries are more likely to occur in truck accidents, victims often require long-term medical care.  When this occurs, your medical bills may continue to pile up for the rest of your life.

The at-fault party will have a lawyer representing their interests.  Make sure you have a lawyer on your side who understands the unique differences between truck accidents and car accidents.

Deadline to File a Truck Accident Lawsuit in PA

For most commercial truck accidents, you have two years to file a lawsuit and sue for your injuries in Pennsylvania. This is the official statute of limitations for truck accidents under Pennsylvania law.[8]  If you do not file your claim lawsuit within that time, in many circumstances you will forfeit the opportunity to collect any compensation from those responsible for injuring you. 

Don’t wait to have your case evaluated. Call Kitay Law Offices today for a free consultation at 888-KITAYLAW.

Attorney Fees: Our Truck Accident Law Firm in PA Uses  Contingency Fees 

Each lawyer or truck accident law firm in Pennsylvania may have its own way of earning a fee for their work.  At Kitay Law Offices, we never charge you by the hour for your truck accident case. Instead, we work on contingency.  That’s the popular “No Win, No Fee” model. Simply put: we don’t earn a fee unless you receive a settlement or verdict in your favor.  You can be certain that our experienced truck accident injury lawyers will work hard to obtain the best possible result in your case. 

Contact us for a free consultation today!  You can reach us online or at 888-KITAYLAW.

Common Types of Truck Accidents We Handle in PA

From 18-wheelers to buses, moving vans and everything in between, collisions involving large trucks and commercial vehicles contribute to serious property damage, severe injuries, and tragic fatalities. When truck accident injuries occur in Pennsylvania, the type of truck matters, and along with insurance policies, these factors could impact the amount of compensation you may be eligible to recover in a PA truck accident lawsuit.

Below are types of trucks and vehicles we commonly see involved in truck accident lawsuits.

18 Wheelers 

An 18-Wheeler is a rig that includes both a tractor and trailer.

Cargo Trucks

Cargo trucks are vehicles that carry all varieties of cargo.  Oftentimes, these are loaded incorrectly.  When this happens, the cargo moves around in an unsafe way during transport.  As a result, cargo trucks are often subject to a rollover, jackknife, or spillover. Our PA truck accident law firm knows how to handle cargo truck cases and will fight for your rights.

Semi-trucks

Semi-trucks typically include a truck with one or more trailers.  Sometimes, they are referred to as “big rigs” or “18-wheelers.”  The trailers are used to carry freight. Contact our truck accident law firm if you’ve been injured in a semi-truck crash.

Tractor-trailers

Tractor-trailers usually include a tractor coupled with a trailer and pulling cargo.  The truck accident lawyers at Kitay Law Offices are familiar with these and other truck types.

Fuel Trucks

Since fuel trucks haul liquid fuel, they are subject to sloshing as the liquid moves around during transport.  Many times, they carry flammable liquid which is extremely hazardous.  In a crash, the fuel may catch fire and cause serious burns.

Coal Trucks

As is evident from the name, coal trucks carry coal.  Since coal can be very dense, overloading more than the truck’s maximum allowable weight is common.  Also, coal can escape its container and strike cars on the roadway.

Moving Vans

Moving Vans are typically used to transport furniture and belongings from one location to another.  In some cases, an individual may rent the van.  In these situations, you likely have a claim against that specific person for their negligence.  Other times, a moving company may have provided both the truck and driver.  In that case, you may have a claim against both.

Tanker Trucks

Similar to fuel trucks, tanker trucks often haul liquids like gasoline and other hazardous chemicals.  They are very recognizable since they have a large cylinder on the back of the truck.  Again, liquid sloshing around during transport is quite dangerous and can result in rollover accidents.  The truck accident lawyers at Kitay Law Offices will investigate your accident and determine the cause.

Concrete Trucks

Concrete trucks are so heavy they are often difficult to stop.  Because of this, we frequently see rear-end accidents causing heavy damage and severe injuries.

Delivery Vans

These can include vans from many different companies, such as FedEx, UPS, local restaurants, mail carriers, repair trucks, armored trucks, and furniture delivery trucks.  Delivery vans are large and, oftentimes, difficult to maneuver.  Importantly, delivery drivers are usually on a tight schedule.  Therefore, they may rush and drive less carefully than they should.

Garbage Trucks

Garbage trucks come through our neighborhoods every week.  Because they need to make complex maneuvers within our communities, they often run over pedestrians and cause severe injuries.  Also, mechanical parts on the truck can malfunction, throwing debris away from the truck.

Tow Trucks

A tow truck is used to haul damaged cars or other vehicles when they are unsafe to drive or cannot operate on their own.  Tow truck accidents often occur due to improper loading, or broken chains.  The experienced truck accident injury lawyers of Kitay Law Offices are familiar with these causes.  Interestingly, there are several types of tow trucks.

Hook and Chain

Hook and chain tow trucks are what most people think of when they hear this term.  It is the most traditional type of tow truck.

Flatbed

A flatbed tow truck uses a special mechanism, called a “winch,” to pull a vehicle onto its flatbed.  The flatbed can tilt while the vehicle is pulled onto it and then levels out for transport.

Boom winch

A boom winch drags vehicles back up onto the road.  This is necessary after an accident where the vehicle rolled off the side of the road or into a ditch.

Wheel lift

A wheel lift mechanism uses a metal frame to lift the vehicle.  This method typically causes less damage to the vehicle than towing by the traditional hook-and-chain method.

Construction Trucks

Construction trucks come in many different varieties, which may include dump trucks, backhoes, excavators, cherry pickers, graders, cranes, and cement mixers.  These trucks often cause accidents while traveling either to or from a construction site.  In addition, they injure passengers in vehicles as they drive by the construction site, especially when construction barriers are set up close to the roadway.

Logging Trucks

Logging trucks are extremely dangerous.  The FMCSA regulates the length, weight, and size of logs in transport.  Further, logs must be secured properly.  As a result, improperly secured or unbalanced loads pose a great danger for nearby drivers.  The truck accident lawyers at Kitay Law Offices will investigate to determine if these types of negligence apply to your case.

Buses

Buses are larger than most other vehicles on the roads. In many instances, bus passengers are more protected than those in other vehicles. However, poor driver training, failed inspections, and long hours cause accidents all too often. Importantly, school buses typically do not have seat belts.  School buses that do have seat belts usually leave the students responsible for securing them properly.  As a result, students can be at significant risk in a crash.

Long-distance buses also cause severe injuries.  Greyhound buses and city buses allow riders to stand and walk around during transport.  This can cause the weight to shift around and make the bus difficult to handle through turns.  And in a crash, passengers may be tossed around inside the on-board restroom.

What To Do After a Truck Accident in Pennsylvania

After a truck accident, it can be difficult to think clearly. You may be injured, scared, and disoriented. Once you leave the scene of the truck accident and you obtain medical treatment, you’ll need to know what to do next.  First and foremost, ensure you contact an experienced truck accident injury lawyer for help.  Aside from that, there are several things you should do to protect yourself in the days following your truck accident. 

Don’t Sign Documents

Do not sign any documents you receive from any of the insurance companies involved in your case.  You should discuss any documents with your attorney before signing.  Sometimes, insurance companies try to trick you into signing away your rights, so be careful.

No Negotiation without a Lawyer

Do not negotiate a settlement on your own.  Interestingly, the insurance adjuster for the at-fault driver will act like they are your friend.  Remember, they are not.  Instead, their job is to close your case for the lowest amount of money possible.  Ensure you have an experienced truck accident lawyer on your side throughout the settlement negotiation process.

Document Injuries

Keep track of your injuries.  Make note of your symptoms and write down each doctor, procedure, and medication you undergo.  This will help your lawyer obtain all the records needed to support your case.

Track Expenses

Document your expenses.  Whenever you need to pay a bill related to your case, keep a copy of it.  You can get reimbursed for this in a settlement.

Follow Treatment Plan

Keep all of your medical appointments and listen to your doctors.  It is extremely important to follow the recommended treatment plan.  This serves to both help you get better and to support your claim for damages.

Taking the above steps can significantly help your case and typically increases your ability to obtain maximum compensation for your injuries. For immediate help, contact the experienced truck accident lawyers of Kitay Law Offices at 888-KITAYLAW or online for a free consultation.

  Truck Accident Statistics Point to Serious Injuries and Death

According to the Pennsylvania Department of Transportation (PennDOT), in 2022 there were 7,522 tractor-trailer collisions, and 145 fatal crashes involving heavy trucks.[9] On a national level, the Insurance Institute for Highway Safety (IIHS) estimates that in 2022:

• 4,764 people died in large truck crashes:
  • 17% percent of these deaths were truck occupants 
  • 66% were occupants of cars and other passenger vehicles 
  • 16% were pedestrians, bicyclists or motorcyclists

With so much of the burden falling upon occupants of other vehicles, truck drivers and trucking companies must be held responsible for the harm they cause when accidents occur.

Common Causes of Truck Accidents

Semi-trucks and large commercial vehicles face unique challenges on the roads because of their size and limited maneuverability.  As a result, here are some of the leading truck accident causes involved in the trucking lawsuits we handle.

Negligent Driving

Truck drivers are often rushing to keep up with a deadline or schedule.  Plus, they may operate on very little sleep.  As a result, they may forget to use their turn signals, look over their shoulder when changing lanes, or keep alert for surrounding traffic control devices.  Further, rear-end collisions occur frequently since large trucks are more difficult to stop.

Poor Maintenance

Commercial trucking companies must keep their trucks in good shape under the law.  However, doing so can be expensive and takes trucks off the road for a period of time.  As a result, truck companies may cut corners or avoid performing proper maintenance.  In addition, trucks must undergo regular inspections.[10]  Truck companies, however, frequently avoid performing the required inspections, leading to equipment failures while in transport.

Improperly Loaded Cargo

Truck companies must follow rules for the proper loading and balancing of cargo.  Unfortunately, these companies are oftentimes in a hurry to meet deadlines and don’t monitor their loading process.  As a result, loads can become unsecured and shift during transport.  This may cause spillovers and rollovers, as well as falling debris.

Inexperienced Drivers

In trying to keep up with their competition, truck companies may send drivers out on the road as quickly as possible.  Sometimes, this means drivers do not receive the complete training they must have.  Inexperienced drivers are more likely to cause crashes, injuries, and deaths.

Overloaded Trucks

Each truck has its own maximum Gross Vehicle Weight Rating (GVWR).  You can typically find this number on the inside of the door frame.  The number is set by the manufacturer and represents the maximum weight the vehicle should hold in transport.  Interestingly, a wide variety of factors impact the GVWR.  These may include the body/frame type, chassis, type of load being hauled, and others.  Trucks overloaded more than their GVWR become very difficult to maneuver and stop.  Unfortunately, this frequently causes severe crashes.

Failure to Take Proper Rest Breaks

As explained above, the FMCSA requires truck drivers to log their hours,[11] take proper rest breaks between shifts, and take time off after working for several days at a time.  Unfortunately, truck drivers frequently need to meet strict deadlines.  As a result, drivers may not take proper rest breaks.  Therefore, truck drivers are often drowsy behind the wheel.  This causes slower reaction times in emergencies and less attentiveness to their surroundings.

Hiring Unqualified Truck Drivers

To operate large commercial trucks, drivers must obtain the appropriate commercial driver’s license (CDL).   Unfortunately, many drivers are hired who do not have these qualifications.  As a result, these drivers are unable to effectively operate their trucks, causing many accidents.

Failure to Monitor Driving Hours

If a truck driver is not properly recording their hours and rest breaks, the truck company has a responsibility to correct the problem.  However, many truck companies do not take the time to identify and fix these problems.  As a result, the truck company may be held responsible for the driver’s negligence.

If you have been injured in a truck accident, you will need to know the cause.  This is an important step in obtaining compensation for your injuries.

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Frequently Asked Questions About Truck Accident Injury Cases