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.

Insurance Company Repaired My Car After Pennsylvania Car Accident- But Isn't It Worth Less?

Your were in a car accident in Pennsylvania. The car was repaired by the insurance company. Were you really "made whole"? Did the repairs really restore your car and put you back in the position you were in before the accident? What about the Carfax Report? These are good questions. "Diminished Value" Claims address this. The mere fact that your vehicle was in a crash will affect it's market value because it is now less desirable. Another issue is whether the repairs were properly done. You may consider having a licensed appraiser examine the car after the repairs are done to determine if there is a valid diminished value claim and what that value is. The claim for Diminished Value can be made. You have the burden of proving the claim. Typically, evidence would be either a sale of your vehicle after the repairs. If the sale was less than the market value for a like-kind (same) vehicle that was not in a crash, then that may be evidence of Diminished Value. Otherwise, without proof of a sale, an expert appraisal of the Diminished Value damage would probably be needed. If you are not able to get the other person's insurance company to pay for diminished value damages under the property damage claim, you may need to file with the appropriate Court as part of a general damages case. If you are injured or have other economic damages due to the car accident, then you should consult with an experienced personal injury lawyer. Be careful about signing any releases or documents for the other person's insurance company without first meeting or consulting with an experienced lawyer.

6 Reasons The Insurance Company May Be Wrong When They Say You Don't Have a Case Because You Have Limited Tort

Injured in a car accident in Pennsylvania and have limited tort? Don't just accept the Insurance Company's word that you don't have a case. Before we get to the exceptions, you need to understand that limited tort only applies to the "bodily injury" (pain and suffering) part of your claim. You do not have any restrictions on your right to recover for "economic" losses (such as wage loss, medical bills, out of pocket expenses). Beyond that, there are 6 different exceptions to Limited Tort. If any apply, you can recover compensation for your bodily injuries and pain and suffering. Let's look at the list: "Automatic Exceptions" (these are automatic because if any apply to you, then you are considered to be full tort for purposes of the claim): 1. You were a pedestrian (that is, you were either walking or riding your bicycle when hit by the at-fault driver's car); 2. You were either driving or a passenger in a commercial vehicle (for example, you were on a bus, driving your company car, or a passenger in someone else's company car; the vehicle must be registered to a business or company not an individual person for personal use); 3. You were on a motorcycle; 4. The at-fault driver was convicted of DUI (or pleads guilty or goes onto "ARD" for DUI); OR 5. The at-fault driver was driving a car registered in a different state than Pennsylvanhia) If none of those "automatic" exceptions apply, then you still might have a case. The 6th exception requires you to prove that you suffered a "serious injury". "Serious Injury" is decided based not just on the injury itself, but the type of medical treatment received, the duration of those injuries and importantly, how those injuries impact your ability to live your life. This includes, the impact on your ability to work without restrictions and your activities of daily living outside work. So, make sure you look and don't accept the insurance company's word. An experience personal injury lawyer should be able to review these with you. We do so for our clients. Feel free to contact us for help. Wolpert Schreiber P.C. Experienced personal injury lawyers near Phoenixville, Collegeville and Pottstown. www.PAInjurycase.com

Injured by Truck or Hurt in Truck Accident - What Laws Apply in Pennsylvania to Truck Driver and Truck Company?

In Pennsylvania, any "commercial motor vehicle" (a vehicle used for commercial transport that: weighs 10,001 or more pounds or carries more than 8 people for money or carries more than 15 people) must abide by the Federal Motor Carrier Safety Regulations (FMCSR). These rules become important if you were injured in an accident caused by a truck. First, both the Truck Driver and the Truck Company that hired the Driver must meet safety rules (49 CFR Section 383) as far as: inspecting the truck, brakes, mirrors, horn, keeping a log book, limit on the number of hours driven per day and per week. An important thing for a personal injury lawyer handling your case to get is the trucker's log book. This is something that would be obtained during "discovery" in a litigation case. The Driver of a "property-carrying commercial motor vehicle" can't drive without first taking 10 consecutive hours off-duty. Then, the Driver can drive only a total of 11 hours during a period of 14 consecutive hours. Also, the Truck Company is required to investigate the driving history and work history of the Driver before hiring the Driver. See 49 CFR 391.23 and 391.53. The Company must then keep those investigations on file while the Driver is working for them. The purpose is to ensure that Drivers are safe because they are on the highway in large, heavy and potentially dangerous tractor-trailers alongside of us. The Driver is also required to undergo drug testing and annual medical exams. The Company is supposed to ensure these happen. If the Driver caused your accident, then he/she probably violated rules for a Commercial Driver which are listed in the Commercial Driver's License Manual. That Manual is a very good investigative tool for you. An experience personal injury lawyer handling your truck accident case would want to refer to the CDL Manual in investigating, evaluating and litigating the case. The PA CDL Manual can be found online at If you have any questions, feel free to contact us. We are experienced in successfully handling truck accident injury cases. David Schreiber Wolpert Schreiber P.C. 527 Main Street Royersford, PA 19468 (610) 792-3304 deschreiber@thomaswolpert.com

Who Pays My Lost Wages After a Pennsylvania Car Accident?

Car accident? Have you lost pay or wages? You didn't expect this to happen and on top of having to get your car fixed and being injured, maybe you have also missed work? Obviously, your bills don't stop. The first thing you could do is check with your insurance company. Ask them if you have "first party wage loss" coverage on your policy. The advantage of having wage loss coverage on your policy is that, even where the other driver was at fault, you can get reimbursed for lost wages as you lose them. Under Pennsylvania auto insurance policies, wage loss coverage is optional. The first five days missed are a deductible (the 5 days don't have to be consecutive). If you don't have wage loss coverage on your own policy, the at-fault driver's insurance carrier still owes you for your lost wages. But, they won't pay you the lost wages until the end of the case. You should consult with an experienced Pennsylvania Injury Lawyer before agreeing to any settlements or signing any documents. At Wolpert Schreiber P.C., there is no cost, fee or obligation to meet with us. We can evaluate your case and provide you with options for how to proceed. We work for your case. (610) 792-3304

"Rejection" of Underinsured Motorist and Uninsured Motorist Coverage

Underinsured and uninsured benefits. What is it? This is important, extra insurance available to you. When you are injured in a car accident or other motor vehicle crash, the at-fault driver's insurance would apply to cover your damages. But, if the at-fault driver doesn't have enough insurance to cover your damages, underinsured and uninsured motorist benefits would cover you. In Pennsylvania, your auto insurance company must offer you the option to purchase underinsured and uninsured motorist coverage. This is what protects you and your family against other drivers who either do not have enough insurance or are driving without insurance. You have the right to choose to decline this coverage. Because it is an important decision, the Pennsylvania Courts have decided that your insurance company must provide you with a form. If you want to "reject" underinsured and uninsured motorist coverage, your insurer must explain that and then have you sign the correct forms. If you do not sign these forms, even if you don't pay premiums for underinsured and uninsured benefits, you may still be entitled to this coverage. If you are unsure, you can request that your insurance company produce your signed rejection forms. They are obligated to give this to you. You may want to have any such forms reviewed by an experienced personal injury lawyer. If you've already been in an accident and have suffered damages, the amount of coverage available to you may prove to be very important. David Schreiber Wolpert Schreiber P.C. 610-792-3304