Truck Accident Lawyer Philadelphia

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The factors that determine whether you have a viable truck accident claim include the tort election on your own auto insurance policy, the six-month evidence retention rule, and whether the trucking company is required to carry the federal minimum coverage. Learn about your legal rights by calling The Levin Firm for a free, no-obligation consultation.

What Compensation Can I Recover Through a Truck Accident Lawsuit?

Pennsylvania has the most unique insurance system in the country. Accident victims actually decide what type of damages they can recover in the event of an accident when they are purchasing insurance, not after they get in a crash, per 75 Pa.C.S. §1705.

Under this law, motor vehicle accident victims select either limited tort or full tort insurance. Limited tort insurance allows claimants to seek compensation for economic damages, such as:

Medical expenses, including ambulance transport, emergency department treatment, hospitalization, diagnostic tests, labs, surgery, physical therapy, and medication
The cost to repair and replace your vehicle
The cost of handicap accessible features added to your home in the event your injuries require them
The cost of mobility equipment, including wheelchairs, handicap modifications on your vehicle, and prosthetics
Lost wages due to being too injured to work or being required to miss work for injury-related appointments
The loss of future earning capacity or business opportunities
Other out-of-pocket expenses, such as the cost of renting a car while yours is being repaired, transport to and from medical appointments, or the cost of hiring someone to complete household services that you’re no longer able to do because of the severity of your injuries

However, those insured with limited tort insurance cannot recover non-economic damages, such as pain and suffering, unless they suffer a serious injury or an exception applies. Serious injury and the exceptions include the following:

Serious injury: 75 Pa.C.S. §1702 defines a personal injury as one “resulting in death, serious impairment of body function, or permanent serious disfigurement.” Due to the much larger size of commercial vehicles, many truck accidents result in serious injuries.
Convicted of driving under the influence of alcohol or a controlled substance: This exception applies if the truck driver was convicted of or accepted Accelerated Rehabilitative Disposition for driving under the influence of alcohol or a controlled substance in the accident.
Operating a motor vehicle registered in another state: This exception would apply if the truck was registered in a state other than Pennsylvania.
Intentional harm: If the truck driver intended to injure themselves or others, this exception will allow you to seek compensation for non-economic losses.
Uninsured motorist: If the at-fault driver did not maintain insurance as required by Pennsylvania law, you can pursue compensation for your non-economic damages.
Product defect and negligent maintenance claims: You can retain your right to sue for pain and suffering damages if you have a claim against a party in the business of designing, manufacturing, repairing, servicing, or otherwise maintaining motor vehicles based on a product defect or negligent maintenance that contributed to the accident.
Occupant of a motor vehicle other than a private passenger motor vehicle: If you were injured in a vehicle other than a personal vehicle (such as a commercial truck, SEPTA bus, train, or motorcycle), you are not bound by your limited tort election.

With full tort insurance, you have unrestricted rights to pursue full compensation from the at-fault party for all of your accident-related losses, including economic damages and non-economic damages, such as:

Physical pain and suffering
Chronic pain
Mental anguish
Emotional distress
Depression and anxiety
Psychological trauma
Post-Traumatic Stress Disorder (PTSD)
Loss of the ability to enjoy the pleasures of life
Embarrassment or humiliation
Scarring and disfigurement

You do not have to get into any of the exceptions related to limited tort insurance when you have full tort insurance. Full tort insurance is the default option, so if you did not sign a document saying that you wanted limited tort, you should be covered by full tort insurance.

It is hard to pinpoint an exact dollar amount for non-economic damages. The jury determines this amount based on your age at the time of injury, the severity and permanence of the injury, how the injury has impacted your ability to enjoy your life and the activities you participated in before the accident, the severity of disfigurement involved with the injury, and the amount of physical pain and emotional anguish you have experienced.

In addition to economic and non-economic damages, punitive damages, which are designed to punish the defendant for particularly egregious behavior, may also be awarded.

The truck driver who caused the accident was arrested for DUI and is facing jail time. Can I still file a personal injury claim?

Yes. DUI is a criminal charge that will be prosecuted in criminal court. A personal injury lawsuit is a civil claim completely separate from criminal charges.

A successful outcome in a civil case does not result in the defendant’s conviction but rather the award of damages to the plaintiff.

Personal injury lawsuits may be filed whether or not the driver is arrested, convicted, or acquitted of the criminal charge.

One thing to note is that a conviction in criminal court is a powerful piece of evidence that may be used to prove liability in personal injury proceedings. Additionally, it is one of the exceptions to limited tort insurance, so you might be able to recover pain and suffering damages when you otherwise might not have been.

What Causes Truck Accidents?

Truck accidents are often devastating, and in many cases, they are preventable. The leading cause of these crashes is driver error.

According to the Federal Motor Carrier Safety Administration (FMCSA), truck accidents are significantly more likely to occur due to driver-related factors than any other cause.

The Role of Truck Driver Responsibility

Commercial truck drivers are required to undergo specialized training and obtain a commercial driver’s license (CDL). Because of the size and danger of semi-trucks, they are held to a higher safety standard than regular drivers.

When drivers fail to meet these standards, the consequences can be severe.

Common Examples of Truck Driver Negligence

Truck accidents frequently result from unsafe driving behaviors, including:

Driving under the influence of drugs or alcohol
Driver fatigue, including violations of FMCSA hours-of-service rules
Operating a truck with a serious medical condition that impairs driving ability
Distracted driving, such as using a phone, eating, or grooming
Failing to perform required pre-trip inspections
Aggressive driving, including speeding or following too closely
Taking turns too quickly or losing control of the vehicle
Failing to check or account for large blind spots
Driving without the proper license or training
Improperly handling vehicle systems, such as braking mechanisms
Violating traffic laws or federal trucking regulations

How Negligent Trucking Companies Cause Accidents

While truck driver mistakes are the main cause of commercial truck collisions, trucking companies can also be negligent in ways that lead to crashes and serious injuries. The following are only some examples of negligence for which trucking companies may be held responsible.

Hiring Practices

Every trucking company should have a careful hiring system to ensure it does not allow anyone who is unsafe or unqualified to operate its commercial trucks. Truck companies should always review a potential driver’s health records, driving record, criminal record, and qualifications such as a valid commercial driver’s license and any necessary endorsements for the job.

In many cases, a company may not thoroughly vet an applicant or may hire friends or family members despite negative facts. A company may be deemed negligent if they hire any of the following:

Unlicensed commercial driver
Someone with a history of driving under the influence or other serious traffic violations
Someone with serious and untreated health issues
Any other red flags that should indicate to a company that the driver will put motorists at risk of harm

Insufficient Supervision or Discipline

As an employer, a trucking company should always stay aware of the actions of its employees. If a truck driver violates a regulation or law, the company should know through careful supervision and should take necessary disciplinary measures to prevent further danger in the future. For example, if a driver fails a drug or alcohol test or has been driving while impaired, a company should take immediate action to suspend the employee until they are sure the employee has received proper treatment.

If a driver is found to be violating hours of service regulations set out by the Federal Motor Carrier Safety Administration (FMCSA), a trucking company should keep close track of their time records to ensure that they do not continue to commit such violations. If a company failed to properly supervise or discipline drivers, it could be held liable for any accidents that result from dangerous employees.

Neglecting Trucks in the Fleet

Whether a trucking company has one truck or an entire fleet, it has a duty to keep those trucks in safe, working condition. All trucks should be regularly inspected for any possible defects that may need to be repaired. If any defects exist, they should be fixed before the truck goes back out onto the road. In addition to repairs, regular maintenance must be performed to prevent any issues on the road.

If a truck has been poorly maintained and brake failure or a tire blowout causes a crash, many people can be seriously injured. Injured accident victims can hold the trucking company liable for their losses.

Failing to Perform Required Alcohol or Drug Tests

Because driving a large commercial truck while impaired by drugs and alcohol is extraordinarily dangerous, the FMCSA strictly regulates all types of impaired commercial driving. One requirement is that trucking companies must regularly perform random alcohol and drug testing on drivers, either before or after their shifts. In addition, if a driver is in an accident that causes serious injury or damage, an alcohol and drug screening must be performed.

When trucking companies do not perform the necessary chemical tests, it can allow drivers with alcohol or drug issues to continue to drive while impaired and go undetected. If drivers know that their employers do not test, they may even be encouraged to push the envelope and drive while intoxicated.

Pushing Drivers to Violate FMCSA Regulations

In some circumstances, trucking companies have even encouraged drivers to violate certain regulations set out by the FMCSA. One common example is requesting that drivers make deliveries faster than they can while adhering to the hours-of-service regulations. If drivers are pushed to do so, they can become fatigued and can crash. In addition, companies may create false records to make it appear that their drivers comply when they are actually violating the law.

“The Levin Firm was amazing to work with. Very knowledgeable and they made me feel comfortable and they were easy to talk to. I would highly recommend this firm.”

- Jen M. Personal Injury Client

“If you are ever in an accident you should call this firm. You will be happy you did. Highly recommend!! Answered all of my questions and put my mind at ease. Made me feel that I was not just another case.”

- Erin W. Personal Injury Client

“A law firm that focuses on personal injury accidents. Great firm & staff.”

- John S. Personal Injury Client

“Highly recommended for accident cases and is known to achieve great results!”

- Conor M. Personal Injury Client

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Which Parties Besides the Truck Driver Can Be Liable in a Truck Accident?

Multiple parties can contribute to serious truck accidents. In addition to truck drivers, some of these potentially negligent parties include:

Trucking company — The trucking company may be found negligent if an accident is caused by the hiring of inexperienced or unqualified drivers, failing to conduct the required drug and alcohol testing on drivers, failing to supervise or discipline drivers to ensure FMCSA compliance, encouraging unsafe practices to improve their bottom line, failing to sufficiently inspect and maintain trucks in the fleet, and more.
Cargo loading team — An independent cargo loading team may be held accountable if an accident is caused by overloading, underloading (generally for liquid cargo), or failing to properly secure the cargo in the trailer of a truck. Cargo mistakes can cause trucks to have trouble braking or stopping or may cause rollover or jackknife accidents.
Truck manufacturer — Manufacturers have a duty to produce and sell truck parts that are safe for use. For this reason, if a defective truck part—such as brakes, tires, axles, steering columns, coupling, and more—malfunctions and causes an accident, the manufacturer should be held liable under product liability principles.
Government entity — The government has a responsibility to properly inspect and maintain roads and highways and keep them free of dangerous hazards. Large commercial trucks are particularly susceptible to losing control when they hit a pothole, a large crack in the pavement, uneven lanes, or other hazardous conditions. If a truck encounters a road hazard and an accident occurs, the negligent government entity should be held responsible for victims’ losses.

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Why Are Truck Accidents So Dangerous?

Because commercial trucks are significantly larger and heavier than passenger vehicles, even a small mistake can lead to:

Catastrophic injuries
Multi-vehicle collisions
Fatal accidents

The main reason truck accidents are among the most severe motor vehicle accidents on the roadway is the truck’s size. Trucks can weigh up to 20 to 30 times more than a passenger car.

This is why strict regulations are in place—and why violations can have serious consequences.

Large trucks are much taller and have a higher ground clearance. Some of the ways this impacts the driver’s ability to maneuver the truck are:

Increased stopping distance: Loaded tractor-trailers take up to 40 percent more distance to stop on dry roads and at safe speeds, according to the Federal Highway Administration. This distance increases with speed and on wet or icy roads.
High center of gravity: The truck’s higher center of gravity makes it prone to rollovers when approaching corners at high speeds or during accident avoidance maneuvers.
Wide turns: The length of the truck requires a lot of space to complete a turn. This poses a risk to others in adjacent travel and turn lanes.
Blind spots: Trucks have significant blind spots on all four sides. Passenger cars that linger in these blind spots are at risk of getting struck because the driver cannot see them when they attempt to change lanes. Truck drivers must continuously monitor these spots to avoid causing a crash.
Underride: The high ground clearance of a tractor-trailer poses a risk of passenger cars slipping underneath it during an accident.

For more information and guidance as to your legal options regarding a Philadelphia truck accident, contact our experienced truck accident attorneys online or by calling (215) 486-0608.

How Much Insurance Does a Trucking Company Have to Carry and Will My Health Insurer Take Part of It?

A trucking company carrying general freight across state lines must hold at least $750,000 in liability coverage – a floor that has not moved in over 40 years. However, in-state trucking companies can carry much lower minimum coverage. Therefore, the identity of the defendant can directly impact how much financial compensation you can recover.

Pennsylvania is unique in that health insurance companies generally cannot subrogate motor vehicle accident claims. Therefore, if you initially used your health insurance to pay for your truck accident-related medical bills, your health insurer generally cannot require you to pay it back out of your settlement. However, there are exceptions for workers’ comp insurance and federal insurance.

“What is my truck accident case worth?” is a question that we often receive. Several Pennsylvania laws that can impact the answer to this question include the following:

Point	What it says	Authority
The federal minimum insurance	$750,000 for general freight, unchanged since 1 January 1985, with $1 million and $5 million hazardous-materials tiers	49 CFR §387.9
The state minimum for liability insurance	Pennsylvania requires only $15,000 per person/$30,000 per accident/$5,000 in property damage and a $5,000 medical benefit	75 Pa.C.S. §§1702, 1711
No cap on compensatory damages	The legislature may not limit recovery for injury or death except by general laws	Pa. Const. art. III §18
Who can claim against your recovery	A health insurer cannot subrogate against a motor vehicle recovery. A workers’ compensation carrier can, because Act 44 of 1993 repealed §1720 as to workers’ compensation only.	75 Pa.C.S. §1720; Act 44 of 1993 §25(b); Oliver v. City of Pittsburgh (Pa. 2011)

Pennsylvania Truck Accident Statistics

According to PennDOT in its 2025 Pennsylvania Crash Facts & Statistics report, 109,541 reportable traffic crashes occurred in Pennsylvania that year. These crashes resulted in 1,047 traffic fatalities and injuries to 64,988 others. 6,922 crashes involved heavy trucks, including 121 fatal injury crashes.

My Husband Died in a Truck Accident. Am I Able to Receive Compensation?

Yes. When someone is involved in a fatal truck accident that was caused by another person or entity’s negligence, Pennsylvania law allows for the recovery of damages on behalf of the deceased’s family through a wrongful death claim. According to 42 Pa.C.S. §8301(b), a personal representative may file a claim on behalf of:

The decedent’s spouse
The decedent’s children
The decedent’s parents

If a wrongful death claim has not been brought within six months of the decedent’s death, the personal representative or anyone entitled by law to recover damages in a wrongful death case can file as trustee ad litem on behalf of all parties entitled to share in the damages, per Pa.R.C.P. 2202(b). The damages that may be awarded from a wrongful death lawsuit include:

Funeral and burial expenses
Loss of future income
Loss of consortium (this refers to the loss of physical contact and intimacy for the spouse due to the decedent’s death)
Punitive damages, if applicable

Survival Actions

In some fatal truck accidents, an initial injury occurs, but a death follows later. In these types of cases, Pennsylvania law allows a separate type of legal claim, called a survival action, which is explained in 42 Pa.C.S. §8302. This legal action belongs to the estate and recovers the decedent’s own losses, including the decedent’s pre-death pain and suffering and other damages that they would have been able to recover if they had survived.

A survival action is a separate legal claim. It also functions differently from a wrongful death claim, which proceeds pass to the beneficiary class outside the estate. In contrast, survival action proceeds pass through the estate and are exposed to estate creditors and the Pennsylvania inheritance tax.

The Evidence That Disappears Fast

One of the factors that make truck accidents different from car accidents is that they can include complex evidence that might not be available in other motor vehicle accident cases. A truck accident case often relies on records the carrier is only required to keep for months. This reality underscores the need to work with an experienced truck accident lawyer who knows how to preserve this evidence before it is lost, overwritten, or destroyed.

Valuable evidence may include:

Electronic logging devices
Event data recorders
Onboard cameras
Cell phones
The truck
Personnel records
Bills of lading
Weigh station records
Inspection and maintenance records
Toxicology reports

Knowledgeable truck accident attorneys are familiar with the rules and records that can impact these cases, such as:

Evidence or Rule	What It Says	Authority
Records of duty status	Retained, with supporting documents, for not less than six months	49 CFR §395.8(k)
The driver qualification file	Retained for the period of employment plus three years	49 CFR §391.51
Hours-of-service rules	11 driving hours, a 14-hour window, a 30-minute break after 8 hours, and 60 hours-in-7 or 70 hours-in-8 with a 34-hour restart	49 CFR §395.3
Post-accident testing	Truck drivers are subject to drug and alcohol testing after some accidents	49 CFR §382.303; Part 382 Subpart G

What If I Was Hit by a SEPTA Bus or a City of Philadelphia Truck?

The major difference between an accident involving a government vehicle and other motor vehicle accident claims is that you have considerably less time to provide notice to file a claim when the government is involved than you have in claims against private parties.

Under 42 Pa.C.S. §5522(a), you must provide written notice to the government agency within six months of the accident. This notice must contain specific information as required by the law. Additionally, you must serve the Attorney General if a Commonwealth party is involved.

Additionally, damage caps apply in cases involving the government. These are $250,000 per plaintiff and $1 million aggregate against the Commonwealth and $500,000 against a local agency, per 42 Pa.C.S. §§ 8528 and §8553(b). These laws also place limits on the types of damages that an accident victim can seek. Working with an attorney experienced in handling claims against the government is essential to ensure that you understand and adhere to the rules that apply.

Can I Settle My Truck Accident Case Without an Attorney?

While truck accident victims can technically settle a legal claim without the use of an attorney, this is almost always a bad idea. Your attorney can provide you with a wealth of legal knowledge and experience in truck accident cases that will generally result in a much higher settlement than you can obtain on your own.

Additionally, your lawyer is aware of the court requirements for filing and the time limits involved and has access to experts—including those with knowledge of medical conditions and accident reconstruction—that can greatly help your case.

You can bet that the truck driver and the company they are employed by will rely on their attorneys, as will the insurance carrier. Why wouldn’t you rely on an attorney to guide you through the legal process and fight on your behalf?

I’m not even out of the hospital yet, and I already have insurance representatives contacting me. What should I say?

Insurance companies are in the business of making money. One way they do this is by offering quick, lowball settlements to accident victims. The problem with this is that these low settlements rarely take into consideration the full picture of the medical treatments you will need in the future, as well as the impact that the injuries will have on your life.

Another way insurance companies make money is by getting the injured party to say something that could be construed as admitting fault, which can nullify or reduce any potential settlement.

If the truck driver’s or trucking company’s insurance carrier contacted you, speak to an attorney before accepting any settlement or making any statement.

Your attorney will communicate with these representatives for you and will also work to establish a value to your case that is based on medical expenses you are facing currently, as well as future injury-related expenses that you will likely incur in the future, property damage to your car from the accident, expenses that will be required for permanent disability, lost wages and loss of future income potential, and the profound emotional and psychological impacts that your injuries may have.

If I Hire an Attorney, Does That Mean My Case Will Go to Court?

No. Many personal injury cases are settled before they ever reach the courtroom. However, your attorney’s services are always provided with the expectation that the case will go to court, including the notion of facing off against high-powered corporate lawyers that trucking companies often hire.

Your attorney should also be comfortable with the notion of aggressively negotiating the best settlement possible on your behalf.

Why You Need The Levin Firm Fighting for You After a Truck Accident

The Levin Firm has over 20 years of experience handling a wide range of truck accident cases. We’ve recovered millions for our clients through successfully negotiating settlements and obtaining trial awards, including winning $10,500,000 for a client who sustained severe injuries in a delivery truck accident and $2,400,000 for a client injured in a collision with a tractor-trailer truck.

Attorney Gabriel Levin has been listed as a Super Lawyer from 2011 to 2025. Our personal injury law firm was designated among both the Top 100 Trial Lawyers and the Top 40 Under 40 by The National Trial Lawyers.

You can learn what it is like to work with our personal injury law firm from former client Erin W.:

“If you are ever in an accident, you should call this firm. You will be happy you did. Highly recommend!! Answered all of my questions and put my mind at ease. Made me feel that I was not just another case.”

Our Step-by-Step Approach to Your Case

We start every case by talking directly to you to learn your side of the story and explain your options for seeking compensation.

Then, we conduct a thorough investigation into the accident, identifying the at-fault parties and gathering the evidence needed to hold them financially accountable. Next, we calculate the value of your case and submit demand letters to the relevant insurance companies.

Finally, we negotiate with the insurance companies for a fair settlement. If a settlement can’t be reached, we take your case to trial to seek the maximum compensation you deserve.

Meet the Lawyers Who Will Handle Your Case

Gabriel Levin is a compassionate and responsive attorney with more than two decades of trial experience.
James Stinsman previously served as an Assistant District Attorney in Philadelphia and brings that experience and knowledge into the service of his clients.
Ashley Oakey uses her experience as a former insurance defense attorney to help clients seek fair insurance settlements.

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Philadelphia Truck Accident FAQ:

1. How long do I have to file a truck accident lawsuit in Pennsylvania?

The deadline to provide a notice of claim if the accident involves a government agency is only six months. However, most truck accident lawsuits are subject to a two-year statute of limitations. Missing this deadline could mean losing your right to seek compensation.

2. What evidence is important in a truck accident case?

Key evidence can include police reports, driver logbooks, black box (ECM) data, dashcam or surveillance footage, witness statements, truck maintenance records, and medical documentation of your injuries. Trucking companies are only required to retain drivers’ records of status, supporting documents, and a backup copy of electronic logging device records for six months under federal regulations. Preserving this evidence quickly is critical, so reach out to an experienced attorney for help.

3. Can I still recover compensation if I was partly at fault for the truck accident?

Yes. Pennsylvania follows a modified comparative negligence rule. You may still recover damages as long as you are less at fault than the defendants’ combined fault. However, your compensation will be reduced by your percentage of fault.

4. How does a truck accident differ from a regular car accident case?

More insurance is often available in truck accident cases, which is helpful since damages tend to be more significant due to serious injuries. Truck accident cases also may involve multiple liable parties (driver, trucking company, maintenance contractors, cargo loaders, etc.) and complex federal trucking regulations.

5. What should I avoid doing after a truck accident?

Avoid admitting fault, signing any documents from the trucking company or insurer, posting about the accident on social media, or accepting a settlement without legal review. These actions can harm your case and reduce your potential recovery.

6. How is fault proven in a truck accident?

Fault is proven through evidence such as accident reconstruction, expert witness testimony, driver log analysis, violation of FMCSA regulations, drug/alcohol test results, and proof of negligent driving or maintenance practices.

7. The truck was registered in another state. Does that change my case?

Under Pennsylvania’s limited tort exceptions, motor vehicle accident victims are not prohibited from seeking compensation for non-economic damages when the vehicle driven by the at-fault party was registered in another state.

You can still file a claim in Pennsylvania if the accident occurred there. Your attorney can handle jurisdictional issues and work with out-of-state entities to pursue compensation.

8. Are truck accident settlements taxable?

In most cases, compensation for physical injuries (medical expenses, lost wages, pain and suffering) is not taxable under federal law. However, certain portions, like punitive damages or interest, may be taxable. It’s best to consult a tax professional.

9. I have limited tort. Can I still sue a trucking company for pain and suffering?

Even if you have limited tort insurance, you might not be prohibited from seeking pain and suffering damages due to the various exceptions that exist under the limited tort statute, such as if you suffer a serious injury or the other vehicle is registered out of state.

Contact the Experienced Philadelphia Truck Accident Lawyers at The Levin Firm Today

If you have suffered injury and related losses in an accident involving a large commercial truck, you always want to seek the assistance of an attorney who understands the complications in this type of case.

At The Levin Firm, our Philadelphia truck accident attorneys have the experience and resources necessary to hold truck drivers, trucking companies, and other relevant parties responsible for the injuries and damage caused in serious truck accidents.

We offer free, no-obligation consultations, so please do not hesitate to call our office today at 877-825-8542 for help.

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Philadelphia, PA 19102

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