Commercial Vehicle Accidents: How to Protect Your Legal Rights in Pennsylvania

Commercial vehicles account for a significant portion of the traffic on Pennsylvania’s roads. From work vans to delivery trucks and 18-wheelers, all types of commercial vehicles use Pennsylvania’s roads to make deliveries and service customers.

Unfortunately, while commercial vehicles are essential to many types of business operations, they also present risks. Not only do they present the same risks as other cars, trucks, and SUVs, but, in many cases, they present additional risks as well. For example, commercial vehicles often aren’t as well-maintained as they should be, and drivers who are under pressure from their employers will often take chances that they wouldn’t take under other circumstances.

Filing a Claim for an Accident Involving a Commercial Vehicle

If you were involved in an auto accident involving a commercial vehicle in Pennsylvania, protecting your legal rights will start with determining exactly why the accident happened. Once you know the specific cause of the accident, then you can use the available evidence to file a claim for just compensation. This is true for all types of commercial vehicle accidents, including those involving:

• 18-Wheelers and Tractor Trailers
• Box Trucks
• Car Haulers
• Cement Trucks
• Delivery Trucks
• Garbage Trucks
• Tow Trucks and Flatbeds
• Work Trucks and Vans

A thorough investigation could reveal a variety of grounds for seeking damages. For example, in commercial vehicle accident cases, we frequently pursue claims based on:

Employers’ Vicarious Liability for Their Drivers’ Negligence

While several factors can lead to commercial vehicle accidents, driver negligence is the most common factor by far. Just like other drivers, commercial drivers are prone to making mistakes behind the wheel—and when these mistakes lead to serious accidents, accident victims can—and should—seek just compensation.

But, unlike accidents involving other drivers, filing a claim for a commercial vehicle accident typically does not involve dealing with the at-fault driver’s insurance company. Instead, it usually involves dealing with the driver’s employer (or its insurance company). This is due to Pennsylvania’s “vicarious liability” law. Under this law, employers are liable for their employees’ negligence within the scope of their employment.

This is important for a couple of reasons. First, you need to make sure you file your claim with the correct party. Second, most companies that hire drivers have substantial liability insurance policies. If you are facing significant and long-term losses, having access to additional insurance coverage could be critical for recovering the full compensation you deserve.  

Employers’ Direct Liability for Their Own Negligence

In addition to being held vicariously liable for their drivers’ negligence, employers can also be held directly liable for their own negligence in many cases. Some examples of additional grounds to seek just compensation after auto accidents involving commercial vehicles include:

• Hiring inexperienced or unqualified drivers
• Placing drivers under pressure to meet unreasonable deadlines
• Forcing drivers to spend too many hours behind the wheel
• Overloading trucks and other commercial vehicles
• Failing to properly secure a truck’s or other commercial vehicle’s cargo

Determining whether you have grounds to pursue any of these types of claims requires a comprehensive investigation that goes beyond examining the scene of the crash. When you hire a lawyer to represent you, your lawyer can seek to obtain corporate records and other forms of evidence that establish direct liability for your accident-related losses. Employment records, internal communications, shipping manifests, statements from company personnel, and numerous other forms of evidence can potentially be used to establish a claim for compensation.

If you have a claim for a commercial vehicle accident in Pennsylvania based on an employer’s direct negligence, you can seek coverage under the employer’s insurance policy in this scenario as well. When you hire a lawyer to represent you, your lawyer can file your claim for you, and your lawyer can work to negotiate a favorable settlement on your behalf.

Companies’ Direct Liability for Inadequate or Negligent Maintenance

Inadequate maintenance is another common factor in commercial vehicle accidents. Oftentimes, companies will not keep up with manufacturers’ recommended maintenance schedules, and drivers will choose to ignore issues that require attention.

If a commercial vehicle is unsafe because it has not been properly maintained, this can also provide strong grounds to seek compensation for your accident-related losses. In this type of case, a thorough inspection of the commercial vehicle involved in your accident will be critical. Obtaining the company’s internal maintenance records will be critical as well; and, if internal communications reveal that company personnel knew of safety issues that needed to be addressed, this could even further strengthen your claim for just compensation.

Along with inadequate maintenance, negligent maintenance can also provide commercial vehicle accident victims with clear legal rights. This includes negligent maintenance by companies’ in-house mechanics as well as negligent maintenance performed by shops, dealerships and other third parties. If a commercial vehicle is unsafe for the road, then putting that vehicle on the road can provide clear grounds for liability.

Preserving Your Ability to File a Claim for a Commercial Vehicle Accident

Regardless of the claim (or claims) you are eligible to file, it is up to you to protect your legal rights. To preserve your ability to file a claim, you should take action as soon as possible. This starts with hiring a lawyer who has experience handling commercial vehicle accidents.

When you hire an experienced lawyer, your lawyer will be able to conduct a thorough investigation focused on examining all potential grounds for liability. Then, with evidence of liability in hand, your lawyer will be able to fight for the full compensation you deserve.

Do You Have a Claim? Find Out From a Pennsylvania Commercial Vehicle Accident Lawyer for Free

If you were injured in an accident involving a commercial vehicle in Pennsylvania, our lawyers can take all necessary legal action on your behalf. With offices in Allentown, Bethlehem, Doylestown, Easton, and Stroudsburg, we handle commercial vehicle accident cases statewide. To get started with a free, no-obligation consultation, give us a call at 888-777-7098 or tell us how we can reach you online today.