Truck Accident Claims in Pennsylvania
The safety and insurance rules for trucks in Pennsylvania, how fault is shared, any limits on damages, and the deadline to sue.
Short answer: PennDOT's intrastate motor carrier rules incorporate by reference much of the federal motor carrier safety regulations (49 CFR parts 382, 385 and 390 to 396, which include hours of service and inspection, repair and maintenance) and the North American Standard Out-of-Service Criteria… 67 Pa. Code §§ 231.1, 231.2
| Truck safety and insurance rules | PennDOT's intrastate motor carrier rules incorporate by reference much of the federal motor carrier safety regulations (49 CFR parts 382, 385 and 390 to 396, which include hours of service and inspection, repair and maintenance) and the North American Standard Out-of-Service Criteria, and apply them to commercial motor vehicles and motor carriers (common, contract or private) engaged in intrastate commerce. Federal minimum insurance for interstate carriers is in 49 CFR 387.9. Applicability: https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/067/chapter231/s231.2.html ; federal: https://www.ecfr.gov/current/title-49/section-387.9 . Source: 67 Pa. Code §§ 231.1, 231.2 |
|---|---|
| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the combined negligence of the defendants against whom recovery is sought; damages are reduced by the injured person's share. Each defendant's liability is generally several only (each pays its share), with exceptions such as intentional torts and defendants found 60% or more at fault. Exceptions to several-only liability are listed in § 7102(a.1)(3). Source: 42 Pa.C.S. § 7102 |
| Damage caps | No statute capping compensatory damages in ordinary personal injury cases between private parties was found. Damages caps apply to claims against Commonwealth agencies and local agencies (see government claims). Source: 42 Pa.C.S. §§ 8528, 8553 |
| Deadline to sue for an injury | Two years for an action to recover damages for injuries to the person caused by the wrongful act, neglect, unlawful violence or negligence of another. Assault, battery, false imprisonment and similar claims also have a two-year deadline. Source: 42 Pa.C.S. § 5524(1), (2), (7) |
More Pennsylvania personal injury & wrongful death
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- Wrongful Death Lawsuits in Pennsylvania
- Medical Malpractice Rules in Pennsylvania
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- All Pennsylvania personal injury & wrongful death rules
FAQ
What safety and insurance rules apply to trucks in Pennsylvania?
PennDOT's intrastate motor carrier rules incorporate by reference much of the federal motor carrier safety regulations (49 CFR parts 382, 385 and 390 to 396, which include hours of service and inspection, repair and maintenance) and the North American Standard Out-of-Service Criteria, and apply them to commercial motor vehicles and motor carriers (common, contract or private) engaged in intrastate commerce. Federal minimum insurance for interstate carriers is in 49 CFR 387.9.
Can you recover damages if you were partly at fault in Pennsylvania?
Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the combined negligence of the defendants against whom recovery is sought; damages are reduced by the injured person's share. Each defendant's liability is generally several only (each pays its share), with exceptions such as intentional torts and defendants found 60% or more at fault.
Does Pennsylvania cap damages in personal injury cases?
No statute capping compensatory damages in ordinary personal injury cases between private parties was found. Damages caps apply to claims against Commonwealth agencies and local agencies (see government claims).
What is the statute of limitations for personal injury in Pennsylvania?
Two years for an action to recover damages for injuries to the person caused by the wrongful act, neglect, unlawful violence or negligence of another. Assault, battery, false imprisonment and similar claims also have a two-year deadline.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.