Who Pays for Medical Bills After a Truck Accident?
November 15, 2024
Car insurance is more straightforward in some states than it is in others. If you’ve been involved in a car accident in Pennsylvania before, you might already know that this state’s car insurance laws can be confusing. They become even more so when the other party in an accident was driving an 18-wheeler or another commercial vehicle. You might wonder who pays for medical bills after a truck accident. Here’s a closer look.
Being involved in an accident with a truck is a terrifying experience. It doesn’t help that most people face significant difficulty when it comes to covering their medical bills.
A Quick Overview of Car Insurance in Pennsylvania
Pennsylvania Car Insurance Is More Complex Than You Might Think
In order to understand who pays the medical bills when you’re hurt in a truck accident, you first need to grasp the basics of car insurance in Pennsylvania. Pennsylvania is often called a “no-fault” insurance state, but it is more correctly described as a “choice no-fault” state. In addition to required liability coverage, drivers must carry medical benefits coverage, which is sometimes called personal injury protection (PIP) coverage. This coverage will pay for your medical expenses if you are hurt in an accident — regardless of who is at fault. The state requires you to carry at least $5,000 of medical benefits coverage, but many people choose to carry more.
Here’s where the “choice” part comes in. You can choose from two types of coverage: “limited tort” or “full tort.” Limited tort coverage means that under most circumstances, you cannot recover non-economic damages (like those for physical and mental pain) if you are hurt in an accident caused by someone else. However, you can attempt to recover non-economic damages if you suffer a serious injury. For the purposes of car accident claims, Pennsylvania statutes define “serious injury” as an injury that causes death, serious impairment, or permanent and severe disfigurement.
Many people choose limited tort coverage because it is significantly less costly than full tort coverage. However, while full tort insurance is more expensive, it allows you to try to recover non-economic damages even when your injuries don’t fit the statutory definition of “serious.” If you purchase full tort insurance, you are essentially opting out of the no-fault system.
When Can You File a Claim Against an At-Fault Truck Driver?
Pennsylvania car insurance laws can be complex, so it may help to consider an example. Suppose that you are hit by a speeding 18-wheeler and seriously injured. In the immediate aftermath of the accident, you could use your medical benefits coverage to pay for medical care. This is what no-fault insurance is designed for — to ensure easy access to medical care without having to wait for fault to be decided and claims to be resolved.
But what happens after that initial care? If you have damages exceeding the amount of your medical benefits coverage — which typically happens when you have major injuries — you may be able to file a claim against the at-fault driver. The steps you take next will depend on the kind of insurance you have and on the severity of your injuries.
If You Have Limited Tort Coverage
With limited tort coverage, you can attempt to recover medical expenses that go beyond what your medical benefits coverage pays for. This is true regardless of the severity of your injuries. For example, imagine that your injuries don’t meet the statutory definition of “serious,” but you have $20,000 in medical bills and $10,000 in medical benefits coverage. You could likely file a claim against the at-fault driver for the $10,000 that your medical benefits didn’t cover. However, you could not try to recover non-economic damages like pain and suffering or loss of quality of life.
Now imagine that you are injured badly enough that your leg must be amputated. This injury clearly meets the threshold for “serious injuries” outlined in the statutes. In this case, you could attempt to recover both economic and non-economic damages from the at-fault driver.
Understanding whether you’re eligible to file a claim can be confusing. Call Wapner Newman at (215) 569-0900 for a free case evaluation.
If You Have Full Tort Coverage
When you have full tort coverage, you open up your options for recovering damages. While you likely would be able to recover more compensation for more serious injuries, full tort coverage allows you to sue for both economic and non-economic damages even if your injuries fall short of what Pennsylvania considers “serious.”
Who Pays in a Commercial Truck Accident: The Driver or the Trucking Company?
In many car accidents, liability is fairly straightforward. However, with a commercial truck accident, it can be confusing. Often, when you file a claim against an at-fault truck driver, you’re technically filing a claim against their employer. That’s because Pennsylvania follows the legal principle of vicarious liability, meaning that an entity (in this case, the trucking company) can be held responsible for the actions of its agent (in this case, a truck driver on the clock). This is the most obvious situation, but sometimes the accident is not purely the fault of the truck driver.
How Trucking Companies May Be Directly Liable for Accidents
Trucking companies can sometimes be held “vicariously liable” for the actions of drivers. However, in some situations, the trucking company itself may also share liability for your accident. This would be true if . . .
- The company pressures drivers to skip legally required breaks
- The company does not properly screen drivers
- The company does not perform regular, necessary maintenance on its trucks
- The company does not properly secure cargo in its trucks
- The company pushes drivers to meet extremely tight deadlines
- The company does not properly train drivers
- The company overloads its trucks.
The Wapner Newman team is dedicated to securing as much compensation for you as possible. We’ll take the time to look below the surface, identify all liable parties, and hold them accountable.
What if You Are Partially at Fault?
In some truck accident cases, a trucker really is 100% responsible for an accident. However, not all accidents are black and white. Thanks to Pennsylvania’s modified comparative negligence standard, you may still be able to recover damages if you were partially at fault — you just can’t be more at fault than the other driver was. In this situation, any compensation you may recover is reduced by your percentage of fault.
For example, imagine that you get in an accident with a commercial truck. The truck driver is determined to be 80% at fault, and you are 20% at fault. If a court awards you $100,000 in compensation, that amount would be reduced by 20%, meaning you would receive $80,000 total.
Have You Been Hurt in a Truck Accident?
Let Our Team Fight for Your Right to Compensation
Even when you can legally pursue compensation, the process of filing a truck accident claim can be long and confusing; and when you’re recovering from life-altering injuries, summoning the energy for a claim can seem impossible. That’s why you need fierce, committed advocates with a record of obtaining millions in compensation for their clients. At Wapner Newman, we take the time to build a strong case against the at-fault party (or parties) and fight for you to get every penny of the compensation you deserve.
If you’ve been seriously hurt in a truck accident, you aren’t alone — the Wapner Newman team is here for you. Call (215) 569-0900 to set up your free consultation today.