One of the first questions people usually have following a catastrophic crash with a commercial vehicle is: What damages can you recover after a truck accident in Pennsylvania? Unfortunately, there is no one-category or easy formula that can determine your damages after an accident. Each truck accident claim is distinct, focusing on the financial, physical, and personal toll the collision has taken.
Accidents with big rigs are far too common in Pennsylvania, particularly in urban areas like Pittsburgh, where commercial vehicles frequently travel through major highways and heavy traffic. Many of these cases eventually make their way to local courts like the Allegheny County Courthouse to determine how much the victim is owed based on available evidence.
If you’ve been involved in a crash with a commercial vehicle, it’s important to understand the types of damages that you could recover.
Understanding Damages in a Truck Accident Claim
The money you get from a personal injury claim is usually termed damages. After a truck accident, a victim might endure negative effects on their physical health, property, and financial situation. Damages fall into categories based on the nature of the losses. Some are strictly monetary, while others compensate the victim for more subjective losses.
Due to their size and weight, collisions with commercial trucks have the potential to cause more damage than most car accidents. For this reason, every single injury, cost, and consequence is taken into consideration when determining the victim’s damages. Pennsylvania law principles 42 Pa. Cons. Stat. § 7102 and Restatement (Second) of Torts § 343 also come into play during this evaluation process. These laws deal with liability and outline requirements for filing a claim.
In Pennsylvania in 2024, there were 6,805 crashes involving heavy trucks. This accounted for 6.1% of all crashes in the state. Of these, there were 22 occupant fatalities.
Medical Bills
The costs associated with the medical care you receive after an accident are one of the most common types of damages. These expenses can range from your initial emergency room visit to continued treatment you may need. Recovering damages for medical expenses can include:
- Emergency medical treatment
- Ongoing doctor’s visits
- Physical therapy
- Prescriptions
- Future medical treatment
Truck accidents have a tendency to cause serious injuries. Because of this, you may require medical attention for an extended period of time after the accident. Past and future medical care are taken into consideration.
Lost Wages
Being injured in an accident can make it difficult or impossible to work. If you’re unable to earn a paycheck while you recover, you may be able to recover lost wages.
Some accidents can cause injuries that leave you unable to return to work. These injuries can impact your earning capacity or ability to earn a living. In these cases, damages may include compensation for lost earning capacity.
Property Damage
Vehicle accidents can cause serious damage to your car and personal property. Repairing or replacing these items can become quite expensive. Compensation you recover for property damage helps to cover these costs. Calculating property damage is typically straightforward. It’s limited to the cost to repair or replace your damaged property.
Pain and Suffering
Not every damage has a bill associated with it. These damages are intended to cover the actual pain you’ve endured and any emotional distress that stemmed from the incident.
The physical pain you continue to experience, emotional trauma, lost quality of life, and any limitations caused by your injuries can be factored into your pain and suffering damages. Pennsylvania allows injured victims to recover compensation for their pain and suffering, along with their economic damages.
Emotional Distress
It’s normal to feel stress and anxiety after a serious accident. You could develop post-traumatic stress disorder as well. These fall under emotional distress and can impact your day-to-day life. Like pain and suffering, there will be no receipt showing you received these damages. They’ll be determined by other evidence, such as therapist bills and doctors’ notes.
Permanent Injuries
Unfortunately, not all injuries you suffer in an accident can be completely healed. If you’re left with a permanent disability, chronic pain, or a long-term condition, these damages may be considered.
Permanent damage can affect your mobility, lifestyle, and ability to perform daily tasks. Because of this, any injuries that don’t have the chance to fully heal are typically considered when determining your damages.
Wrongful Death
No one wants to think about what could happen if they were injured so badly that they pass away. Tragically, fatal injuries are not an infrequent outcome in truck accidents.
If a victim does pass away due to their injuries, their loved ones may be able to recover damages on their behalf. Like pain and suffering, a human life cannot be placed on a dollar amount. However, any emotional pain, as well as expenses the family had to incur due to the death, can be claimed.
Liability
Who is at fault for the accident will have a major impact on the amount of damages you can recover. Truck accident cases can be more complicated when determining liability. Several parties may play a role in causing the accident. The driver may be at fault, but additional parties could include:
- The trucking company that employed the driver
- The individual who failed to properly maintain the truck
- Issues with the truck itself
Since Pennsylvania is a comparative negligence state, your level of fault can impact your recovery as well.
Insurance
Commercial trucking companies are required to carry more insurance than the average driver. This is due to the inherent risk that trucks pose on the road. Just because a trucking company has more insurance doesn’t mean they will pay for everything you claim. Like any other case, insurance companies investigate damages. Part of their investigation will include the policy carried by the trucking company.
Timeline of Events
The timeline of your case can impact your damages. Documenting your injuries, doctor’s visits, and taking pictures of the accident scene right away can help build your case. The injuries you suffer may not have fully revealed themselves right away. Some injuries can take months to show symptoms. Waiting can allow your case to fully develop and determine the true extent of your damages in serious truck accident cases.
When to Hire a Truck Accident Lawyer
If you have been injured in a truck accident, you should hire a truck accident lawyer as soon as possible. Truck accident cases are often much more complex than average car accidents. They include multiple parties, businesses, and insurance companies to negotiate with. A Pennsylvania truck accident attorney understands this process and can help you advocate for the compensation you need for your injuries.
At SMT Legal, we approach every personal injury case in Pittsburgh with relationships in mind. Not only do we have real trial experience, but we also know the ins and outs of the local courts here in Pittsburgh. We strive to help our clients understand their legal options and feel confident moving forward.
FAQs
How Much Are Most Truck Accident Settlements?
The specifics of each truck accident claim mean there isn’t a universal settlement amount you can look up. Injury severity, medical treatment, life impact, and available evidence all factor into the value of your claim. Liability and insurance coverage affect how much you can claim. Truck accident cases tend to be more complicated than your average car wreck, so each claim can have vastly different results.
How Long Does a Truck Accident Settlement Take?
Truck accident settlements can vary in length based on the complexity of the claim. If there are severe injuries, multiple liable parties, or contested liability, it can take longer to settle. Additionally, time must be allowed to collect evidence, receive medical treatment, and assess long-term damages. Some cases may be settled quickly, while others take longer to reach a fair resolution.
What Is a Typical Amount of Pain and Suffering in a Truck Accident?
There is no standard compensation for pain and suffering. Pain and suffering damages are unique to your own experience with how your injury affected your physical pain, emotional suffering, and your everyday life. The severity of your injury, how long it lasted, and whether it left permanent damage are all factors that are taken into consideration. Since everyone experiences these factors differently, your compensation will vary from case to case.
Is It Worth Filing a Claim for Pain and Suffering After a Truck Accident?
Damages for pain and suffering may or may not be worth pursuing depending on how drastically your life has been affected by your injury. Pennsylvania law does allow you to recover these damages, but only if you can prove them with credible evidence. Ongoing physical and emotional effects of your injury can be factored into your claim.
Contact SMT Legal Today
If you have been injured in a truck accident, SMT Legal can assist you in the legal process so you can advocate for your future and the compensation you deserve. Contact us today to get started on protecting your future.
