Why You Can Sue a Trucking Company for An Accident
In Pennsylvania, you can sue a trucking company within two years of your accident to recover damages under 42 Pa. C.S. §5524, should the negligence of the company or its drivers have caused your crash.
A trucking company can be held liable for an accident when either its own conduct, that of its drivers, or that of other people for whom it’s legally responsible, contributes to a crash. However, whether you can sue depends on the company’s specific employment and ownership structures, contracts, and the facts of the collision.
When Can a Trucking Company Be Held Liable?
Many potential issues can implicate a trucking company as a liable party in a truck accident case. These include:
- Unsafe hiring and driver retention practices
- Insufficient training
- Maintenance or cargo loading failures
- Company practices which contribute to unsafe driving habits
Depending on the facts of the accident, responsibility may fall on the driver, vehicle owner, carrier, maintenance provider, or cargo and logistics businesses. Many accidents involve multiple parties.
A trucking company can be held liable for your accident in two key ways. In direct liability cases, you can sue the company for its own negligence, such as negligent training, hiring, or driver retention practices, or for failing to properly maintain its vehicles.
Under Pennsylvania’s respondeat superior doctrine, vicarious liability may also hold these employers responsible for the mistakes and negligence of their employed drivers while they are on the job.
Investigating Truck Accident Claims in Pennsylvania
Truck accident investigations in Pennsylvania often require far more evidence than standard police reports. Company records and evidence may be used to identify liability in your case, and this can include:
- Driver qualification records
- Electronic logging and dispatch data
- On-board electronic data
- Vehicle inspection and maintenance records
Much of this evidence is time-sensitive, so it’s essential to contact a truck accident lawyer as soon as possible after your collision.
Commercial vehicles can involve complex insurance policies, and factors such as your auto insurance policy and the extent of your injuries may also affect your claim. An experienced lawyer can thoroughly review all relevant policies, identify responsible parties, and help you recover full compensation for your losses.