Step-by-step guide to filing an injury claim after a truck collision in Pennsylvania
This FAQ-style guide explains what to do, how claims typically proceed, important deadlines, and where to find official resources under Pennsylvania law. This is educational material, not legal advice.
Detailed answer — how a claim is filed and what you must do first
If a truck collided with you and caused injuries, the general claim process in Pennsylvania follows a predictable set of steps: (1) immediate medical care and documentation, (2) reporting and evidence preservation, (3) notifying insurers and pursuing claims against responsible parties, and (4) considering legal help if liability or damages are disputed. Below are concrete actions and legal points to help you get started.
1. Get medical care and document your injuries
Seek emergency care if needed. If injuries are not immediately life-threatening, see a doctor as soon as possible. Medical records and bills are the primary proof of injury and damages. Keep copies of:
- Emergency room and clinic notes
- Diagnostic tests (X-rays, CT scans, MRIs)
- Prescriptions, therapy records, and receipts for medical expenses
- Documentation about lost wages from work
2. Report the crash and preserve evidence
Call police at the scene and obtain the responding agency’s crash report number. In Pennsylvania, PennDOT provides information on crash reporting and how to order official crash reports: PennDOT — Report a Crash. Do not admit fault or speculate about causes to anyone at the scene.
Preserve evidence promptly:
- Photograph vehicle damage, road conditions, skid marks, traffic signs, injuries, and the surrounding scene.
- Collect names and contact details of witnesses and any dashcam footage.
- Note the truck’s company name, USDOT number (often on the truck’s door), license plate, and driver ID.
- Trucking companies frequently retain electronic data (ELD logs and engine control module data). Consider preservation letters via counsel to prevent data deletion.
3. Identify potentially responsible parties
Potential defendants commonly include:
- The truck driver (for negligent driving, DUI, speeding, etc.)
- The truck owner (if different from the driver)
- The motor carrier/trucking company (for negligent hiring, supervision, maintenance, or vicarious liability)
- A leasing company or cargo loader if improper loading contributed to the crash
- A government entity if a dangerous road condition contributed (different notice rules apply)
4. Notify insurers and consider your coverage options
Provide your insurer prompt notice of the crash. You may have claims against multiple insurers: the truck driver’s liability carrier, the trucking company’s commercial policy, and possibly your own uninsured/underinsured motorist (UM/UIM) coverage if the at-fault party lacks adequate insurance. Do not give a recorded statement or sign releases without understanding the full impact. If the truck was commercial and crossed state lines, federal rules and commercial policies often apply.
5. Statute of limitations and prompt action
In Pennsylvania, the normal deadline to file a civil action for personal injury is limited by state law. You should act promptly because delays can bar your claim. The Pennsylvania consolidated statutes set out civil limitation periods; consult the official statute pages for specifics (for example, personal injury limitations appear in Title 42 of the Pennsylvania Consolidated Statutes). See the official statute listings here: 42 Pa.C.S. Chapter 55 — Statutes of Limitations. If a government entity may be liable, special notice and shorter timeframes can apply.
6. Filing an insurance claim vs. filing a lawsuit
Most truck-crash claims begin as an insurance claim. The insurer will investigate and may offer a settlement. If the offer is too low or liability is disputed, you can file a civil lawsuit in state court to pursue compensation for medical bills, lost income, pain and suffering, and other losses.
When a lawsuit becomes necessary, your complaint typically names all responsible parties and explains how their negligence caused your injuries. Discovery then follows (document exchange, depositions, and possibly expert witnesses), leading to settlement negotiations, mediation, or trial.
7. Special issues in truck cases
- Trucking companies must comply with Federal Motor Carrier Safety Administration (FMCSA) rules (driver qualifications, maintenance, hours-of-service). FMCSA rules and ELD records can be crucial evidence—learn more at the FMCSA site: FMCSA — ELDs and Hours-of-Service.
- Commercial carriers often have higher policy limits, but they also have teams that investigate accidents. Preserve evidence immediately.
- If the truck driver was working at the time, an employer can be vicariously liable under respondeat superior.
8. Consider legal representation early
Trucking cases can involve complex proof (federal regulations, company records, accident reconstruction, and serious damages). An attorney experienced in motor-vehicle and truck-accident cases can:
- Send preservation letters to preserve electronic logs and maintenance records
- Coordinate medical documentation and expert witnesses
- Manage communications with insurers to avoid inadvertent harm to your claim
- Evaluate multiple theories of liability and pursue the full measure of compensation
9. Typical damages you can seek
You may be able to recover:
- Medical expenses (past and future)
- Lost income and reduced earning capacity
- Pain and suffering
- Property damage
- Out-of-pocket expenses related to the injury
10. Where to find official Pennsylvania laws and crash-report resources
Key official sources:
- Pennsylvania General Assembly (Consolidated Statutes): https://www.legis.state.pa.us
- PennDOT crash-report information: https://www.penndot.gov/TravelInPA/Pages/Report-a-Crash.aspx
- Federal Motor Carrier Safety Administration (ELD and safety rules): https://www.fmcsa.dot.gov
Important legal note: This guide explains common steps and points to consider. It does not replace legal advice tailored to your situation. Consult an attorney promptly to protect time-sensitive rights.
Helpful Hints
- Prioritize health: document all medical interactions and follow recommended treatment.
- Do not admit fault at the scene or in early discussions with insurers—stick to facts.
- Take many photos from multiple angles and keep a personal crash journal of symptoms and recovery.
- Order the official police crash report and request truck company information from the report.
- Preserve receipts and records for all costs related to the crash (medical, transport, repairs).
- If the truck is commercial, assume the company keeps electronic logs—ask your lawyer to preserve them immediately.
- Contact an experienced personal injury attorney early, especially for serious injuries or if liability is disputed.
- Be mindful of deadlines. Research the applicable statute of limitations and any special notice rules for government claims.
- Ask about contingency-fee arrangements so you can pursue a claim without upfront attorney fees.