Truck Accident - Rules of the Road

A tractor-trailer or other commercial truck that transports across state lines causes a crash. Are there different rules for truck? Yes and no. Obviously, trucks still have to follow the same rules of the road that we as drivers do. (Stop signs, traffic lights, yielding to pedestrians in a crosswalk, etc). But, commercial truck drivers and the truck companies that hire them, also must follow US Department of Transportation rules. These are the Federal Motor Carrier Safety Regulations. The Safety Regulations require the truck driver to keep a log of their time while in and around the truck. There are limits on how many hours they can drive per day. The truck may also have computer data and a data recorder ("black box"). The truck company will usually have a safety manual or training material. The driver must undergo an annual physical. The US Department of Transportation also keeps data (truck companies and drivers must provide information) which is searchable. It's important to understand what information to look for, and what information to request in the discovery case of a personal injury case where there was a truck involved. It is important to consult with an experienced lawyer. That lawyer should give you an evaluation of your case and give you a plan as to how the case can and should be handled. Ask about previous experience with truck accident cases. Often those cases have been in Federal Court because if the case involved an out of state truck, then the case may be brought in Federal Court if the rules are met. The truck company will have "vicarious liability" for negligent acts of an employee driver. This means that if the driver was driving the truck within the course of his job, then the truck company is accountable for their driver's negligence. The truck company may also have independent liability/fault. This would be for things such as negligent hiring, instruction, supervision, training of a driver. In Pennsylvania, the Pennsylvania Department of Transportation has rules and a commercial driver's manual which sets guidelines for truck drivers. You can find that CDL Manual online. The personal injury lawyer for your truck accident case will often refer to that CDL Manual in the case. David Schreiber Wolpert Schreiber P.C. 527 Main Street Royersford, PA 19468 www.PAinjurycase.com

Who pays for my medical bills after a car accident in Pennsylvania?

You were in a car accident in Pennsylvania. You went to the ER. Or, maybe your family doctor or a specialist. Now you are getting bills. Who should pay them? For car accidents, Pennsylvania is a "no fault" state for medical. This means that even though it may be the other driver's fault, your medical bills first go through your own auto insurance company. Part of what you've been paying insurance premiums for all these years is for medical coverage. It comes with your policy. Pennsylvania law requires that you carry at least $5,000 in medical coverage (also called Personal Injury Protection or First-Party Benefits). If your auto medical coverage with your insurance carrier runs out, or "exhausts", then you would put additional bills under your health insurance. Depending on the type of health insurance plan you have, your health insurer may have a right to be paid back from a settlement against the at-fault insurer. This is also called "subrogation". It is important that you consult with an experienced personal injury lawyer because this can become complicated and it is controlled by the Pennsylvania Motor Vehicle Financial Responsibility Law. Any out of pocket medical bills would be part of your damages that you can collect against the at-fault driver's insurance carrier. But, you likely will not be able to recover those until the end of the case. If you have any questions, feel free to contact us. We provide free consultations and case evaluations in personal injury cases. (610) 792-3304.