If you’ve recently had a crash involving a commercial truck, you should get up to speed on Pennsylvania laws governing truck accident liability.
Truck accident cases are often more complex than typical car accidents, as they tend to involve larger damages and stricter regulations. Many truck accidents also involve multiple parties, which can complicate matters further.
In this post, we’ll break down the key aspects of Pennsylvania's truck accident liability laws and what they could mean for your case.
To hold another party liable in a Pennsylvania truck accident case (or any other type of personal injury claim), you’ll generally need to prove they were negligent. There are four key principles that must support any finding of negligence.
Every driver owes a general duty of care to other road users; this means duty of care is usually easy to prove in truck accident cases. Drivers must operate their vehicles responsibly, obey traffic laws, and take reasonable precautions to avoid harm. Trucking companies also have a duty of care to uphold, which we’ll cover in more detail later in this article.
Examples of breaches of duty in truck accident cases include:
The breach of duty must directly cause the accident and your injuries. This often poses difficulties in personal injury cases; even if a defendant clearly breaches their duty of care, they will not be liable for damages unless their breach leads to an accident. So, a truck driver could be traveling well over the speed limit with an improperly secured load, but you would not be entitled to compensation from them unless their wrongdoing caused you some form of harm.
Finally, you must demonstrate that you suffered some form of compensable damages (such medical bills, lost wages, or pain and suffering) as a result of your accident.
One of the reasons why truck accident cases are more challenging than car or motorcycle crash claims is the status of most truck drivers as employees of companies. When a trucker gets into an accident while they’re on the clock, it will likely be the company that’s liable for your damages, rather than the driver. This is known as the doctrine of vicarious liability.
However, it’s not always as straightforward as this. There are a number of situations in which vicarious liability does not apply, such as those involving:
Trucking companies will often try to avoid vicarious liability by claiming that one of these exceptions applies. While it doesn’t necessarily matter to you, as a plaintiff, who’s responsible for compensating you, disputes like this can slow down your case and prevent you from getting paid in a timely fashion. The best way to minimize the risk of an issue like this is to hire an experienced truck accident lawyer with a track record of delivering positive outcomes for clients like you.
Commercial trucking is governed by a mix of federal and state regulations designed to keep everyone on the road safe. If you get into a crash with a truck driver while they’re in violation of one or more of these rules, it will improve your chances of proving negligence on their part (or the part of their employer).
The Federal Motor Carrier Safety Administration (FMCSA) sets out detailed limits on the number of hours truckers can work without a break.
Truckers cannot drive for more than 11 hours without taking a break of at least 10 continuous hours. They also cannot drive after the 14th consecutive hour after they start working (this includes time spent on duty, but not behind the wheel); again, a 10-hour consecutive break is required to restart the clock here. They must take a 30-minute break at least every 8 hours. They also cannot drive after spending 60/70 hours on duty over the course of 7/8 consecutive days.
Overloaded trucks are harder to control, and excess cargo leads to more serious accidents, so there are rules on how much a truck can carry in Pennsylvania. These rules also apply to tractors.
Vehicles cannot be wider than 8 feet, 6 inches (there are limited exceptions to this for farm machinery), and cannot be taller than 13 feet, 6 inches (no exceptions are available here).
The rules on length are somewhat more complex. Individual vehicles cannot be longer than 40 feet, but combinations can be longer than this. A single trailer on a combination cannot be longer than 53 feet (as long as there’s not more than 41 feet between the centerline of the rear axle or axle group and the trailer’s kingpin). Each double trailer is limited to 28 feet, 6 inches.
The overall gross weight of any vehicle cannot be more than 80,000 pounds.
Truck drivers must hold a valid commercial driver’s license (CDL). Additionally, every CDL holder must self-certify the type of driving they expect to do. There are certain limited exceptions to the rules on licensing and certification.
Commercial truck drivers face a lower blood alcohol concentration (BAC) limit than ordinary drivers. The general BAC limit is 0.08%, but truckers are limited to 0.04%.
Pennsylvania law sets out that commercial trucks must pass an annual inspection. A certified inspector must ensure that every vehicle’s key components are in safe working order. Additionally, drivers must inspect their own vehicles before every trip, and haulage companies are required to keep detailed maintenance records on their fleets.
Pennsylvania follows a modified comparative negligence rule, which means you can recover damages as long as you’re less than 51% at fault for the accident. However, your compensation is reduced by your percentage of fault.
For example: You’re rear-ended by a truck but are found to be 20% at fault because your brake lights weren’t functioning properly. If the court awards you $100,000 in damages, your compensation is reduced by 20%, leaving you with $80,000.
If you’re found to be 51% or more at fault, you cannot recover any damages.
If you were injured while driving a truck for work, you may be entitled to workers’ compensation. This is a state-mandated insurance program that provides wage replacement and medical benefits to workers who become ill or get injured because of their workplace activities.
Crucially, workers’ compensation benefits are available on a no-fault basis. Even if you were to blame for the crash that injured you, you should still be entitled to file a successful claim, as long as the accident happened while you were on the job. Exceptions to this rule may occur in cases involving reckless driver behavior, such as drinking on the job.
Pennsylvania law stipulates that the vast majority of employers in the state must carry workers’ comp insurance. If your employer isn’t covered, you may be entitled to file suit against them in the event of an accident.
However, Pennsylvania also exempts companies from providing workers’ comp coverage for independent contractors. If you’re not a full-time employee, you may not be entitled to workers’ comp benefits in the event of a crash. Issues frequently arise when employers (whether deliberately or accidentally) misclassify their drivers as contractors when they’re actually employees.
There are other situations in which employers (or their insurers) may try to deny workers’ comp claims. For example, if you weren’t driving your normal route at the time of your collision, the insurance company might try to argue that you weren’t acting in the normal course of your employment and that you shouldn’t be entitled to benefits.
If you’re in a situation like this with the company you work for, you should consider consulting with an attorney for guidance on your case.
The laws governing truck accident liability can be overwhelming. Let our experienced truck accident attorneys worry about them for you.
Contact the Cochran Firm in Philadelphia today to learn more about how we can identify the liable party (or parties) in your case and seek compensation on your behalf. You can get in touch with us by calling 800-969-4400 or by filling out the form on our website.
