Trucking Accidents

Being involved in a trucking accident can be a traumatic experience, which is why it helps to have the right attorneys by your side. We have the experience and resources to handle your case and the expertise and diligence it takes to win.

Justice and Compensation for Truck Accident Victims

More than any ordinary vehicle, the consequences of an accident involving a commercial truck can be catastrophic—for the victim, their health, their future, their family, and their loved ones. The National Highway Traffic Safety Administration (“NHTSA”) reports that 538,000 large trucks were involved in police-reported traffic crashes in 2019 alone. That same year, more than 5,000 people were killed, and more than 130,000 injured, in crashes involving large trucks on American highways, roads, and streets.

Commercial trucks can be particularly dangerous because:

It takes a truck longer than an ordinary car to brake, come to a stop, or slow down.

  • Trucks weigh significantly more than a normal passenger car. When fully loaded, trucks can haul huge loads that make their weight as much as 80,000 pounds.
  • Even empty, a tractor or truck can weigh up to 10,000 pounds.
  • Truckers work long hours and can easily become fatigued.
  • Cargo spills or losses can strike nearby vehicles or create chain-reaction events.

If you or a loved one has been involved in an accident with a commercial truck, you need the right lawyers to obtain justice and compensation from the trucking company.  From decades of collective experience, our team understands the trucking industry and the unique factors bearing on trucking accident cases, knows what documents to request and what experts and consultants to retain, and can leverage a nationwide network of resources, brainpower, and an on-staff nurse to position your case for success. We will identify and gather the accident reports, hours of service records and driver logs, and truck inspection, repair, and maintenance records that will support your legal case.

Truck accidents—and truck accident verdicts—are on the rise. Hire the attorneys who know how to win your case.

According to the Federal Motor Carrier Safety Administration, there were more than 13 million registered large trucks in the United States in 2019. Those trucks traveled 300 billion miles in 2019 alone. With more trucks on the road than ever, truck accidents, tragically, are likely only to increase. The World Health Organization predicts that road crashes will be the 5th leading cause of death in the United States by 2030.

As the prevalence of truck accidents has increased, so too have jury verdicts awarded to victims injured by negligent and reckless truckers and their employers. According to the American Transportation Research Institute (“ATRI”), trucking cases with jury awards exceeding $1 million have increased dramatically since 2006, with a nine-factor increase in jury awards from 2010 to 2013 alone. In 2013, verdicts exceeding $1 million were awarded in 70 trucking cases. Since 2010, $1 million-plus verdicts have increased not just in frequency but in size.

ATRI reports an increase in the average trucking verdict size from $2.3 million in 2010 to $22.3 million in 2018. When every parent’s worst nightmare occurs, and children are involved in devastating truck crashes, the size of the verdict increases 1,687% from $2.3 million to $42.3 million.

Naturally, the nature of the injury caused by a defendant’s truck driver impacts the size of the verdict. According to ATRI, spinal injuries, with all their life-changing impacts, result in a 19.4% higher award than truck crash verdicts without spinal injuries. The presence of a victim with a traumatic brain injury—another injury whose impacts are far-reaching and life-changing—increased jury awards by more than $800,000 per case.

In the large truck crashes reported in Pennsylvania and studied by ATRI, juries returned verdicts in favor of Plaintiffs (that is, the injured victims) in 92% of all cases.

Who are the players in truck accident cases?

Most truck drivers in the U.S. are employed by, or haul freight for, motor carriers. Motor carriers can be interstate or intrastate operations. Interstate carriers haul across state lines, are required to register with the U.S. Secretary of Transportation and obtain and mark their trucks with an assigned USDOT number, and are governed by the Federal Motor Carrier Safety Regulations, a body of rules enacted by the Federal Motor Carrier Safety Administration (“FMCSA”), an agency of the U.S. Department of Transportation. Intrastate carriers conduct operations entirely within a single state and are required only to comply with state laws governing commercial vehicles, though many states have enacted laws adopting the federal regulations substantially similar rules.

The Federal Highway Administration (“FHA”) conducts yearly reviews on each USDOT-registered motor carrier and assigns a safety rating, which is based on the adequacy of the carrier’s safety controls, the frequency of accidents, and the frequency and severity of inspection, driver, vehicle, and state law safety rule violations. Carriers may be rated either: (1) “satisfactory,” meaning that the carrier has a safety management plan that meets the government’s minimum safety standards; or (2) “conditional” or “unsatisfactory,” meaning that the carrier lacks adequate safety controls and is prohibited from operating commercial vehicles. Concerned citizens can look up motor carrier safety and fitness records on the FMCSA’s Safety and Fitness Electronic Records (“SAFER”) system by searching by carrier name, USDOT number, or motor carrier number.

The information available on each motor carrier via SAFER includes:

  • Operating status (registered with USDOT or not);
  • Out-of-Service date (if any);
  • Legal name;
  • USDOT number;
  • Physical and mailing address;
  • Reported total yearly mileage;
  • Total number of employed drivers;
  • Interstate or intrastate classification;
  • Types of cargo the carrier is authorized to haul;
  • The results of vehicle, driver, and hazmat inspections;
  • Information about crashes reported to the FMCSA in the last 24 months; and
  • Insurance details, including the amount of insurance required by law and the amount on file with the FMCSA, as well as the identity of the carrier’s insurer

What causes trucking accidents?

Despite strict legal requirements aimed at improving safety in the trucking industry, we know that commercial trucking accidents are often caused by some combination of:

  • Truck driver error;
  • Fatigued driving and lack of rest;
  • Driver distraction or cell phone use;
  • Drivers and companies violating the hours of service requirements enacted under
    federal and state law to ensure drivers are well-rested before hitting the road;
  • Financial and other incentives that encourage drivers to go farther faster;
  • Defective or inadequately maintained or inspected equipment;
  • Unsecured loads, improperly secured loads, or excess loads;
  • Unsafe passing or failing to leave a safe following distance;
  • Trucks turning left in front of passenger vehicles with inadequate space;
  • Drivers failing to patiently wait and cautiously initiate left-turn maneuvers;
  • Trucks stopped in unsafe places or without adequate warning markers;
  • Failing to account for adverse weather conditions;
  • Failing to respond to work zones or traffic hazards;
  • Poor or inadequate driver training and supervision; and
  • Inexperienced, unlicensed, or inadequately trained drivers.

When a motor carrier’s driver causes an accident, both the driver and his employer can be held liable to the victim. When an accident involves an independent owner-operator (a non-employee who hauls a load on behalf of a motor carrier or other company), the carrier or shipper may bear liability to anyone injured while the load they gave to the independent owner-operator to transport is being hauled by that driver.

ATRI studies show that juries hold truckers and their employers to account for their wrongdoing—and make them pay. Plaintiffs’ verdicts were reported in 100% of cases studied by ATRI involving: (1) hours of service or logbook violations; (2) negative driver history/bad background check; (3) controlled substance, drug, or alcohol use; (4) a trucker who left the scene of a crash or failed to call 911; and (5) health-related issues or medical conditions impeding safe operation. Plaintiffs’ verdicts were reported in 92% of cases involving a trucker who fell asleep, suffered from fatigue, or was using their phone.

In cases categorized as rear-end collisions (the majority of which involved a trucker rear-ending the victim), Plaintiffs’ verdicts were returned 90% of the time, with an average verdict amount in excess of $6 million on the basis of the rear-end nature of the collision and without other aggravating factors (e.g., hours of service violations, drug use, etc.). In cases where a trucker failed to slow down in or near a construction work zone, average jury verdicts totaled $7.25 million. This is significant: Between 2016 and 2017, crashes in work zones involving large trucks increased 17.5%. In the wake of the COVID-19 pandemic, ever-more construction projects will occupy our nation’s highways and roads. Truck drivers and motor carriers must ensure they operate safely in work zones.

Who will be liable for my damages and injuries?

We will zealously pursue all available avenues of recovery for our clients. Compensation may be available to trucking accident victims from the following pockets:

  • Employee truck driver;
  • Independent owner-operator;
  • Motor carrier and their insurer;
  • A company responsible for loading a truck;
  • A company to whom a shipment is being delivered;
  • A company responsible for inspecting, maintaining, or repairing a truck; and
  • A company who manufactures or distributes trucking products or parts.

Insurance companies will be involved in nearly every truck accident case. The Federal Motor Carrier Safety Regulations require motor carriers hauling traditional (nonhazmat) property and goods to have minimum insurance policies of $750,000 for bodily injury or death-causing incidents. Many have insurance policies that are considerably higher, as well as excess and umbrella policies that provide extra coverage. Motor carriers who transport oil must carry minimum insurance of $1 million per incident, while carriers hauling certain types of hazmat must have policies with $5 million in coverage.

Navigating these webs of potential responsibility and advancing the best legal theories against each potential wrongdoer is sensitive, challenging work that requires the very best legal talent you can get. Our team will steer your case in the right direction.

The Legal Theories We’ll Use to Obtain Justice for Clients

Truck accident victims need lawyers like us who understand the complex network of laws, court opinions, and legal theories that apply to their case. As we review the facts of your case, we will assess and pursue all available theories of liability, including:



A motor carrier is responsible for the actions of its driver when the driver is in the course and scope of his or her employment (that is, whenever the driver is carrying out or furthering the motor carrier’s business). Drug or alcohol use while operating a commercial vehicle will not take a driver outside the scope of his employment. In order for a trucker to be outside of the course of his or her employment while driving a commercial truck, the trucker must be on a truly “personal pursuit” or mission, with no benefit whatsoever to the interests or business of the motor carrier. This is a rare occurrence necessitating unique facts.

The Federal Motor Carrier Safety Regulations require a motor carrier who uses an independent owner-operator (rather than an employee) by “leasing” a vehicle and driver to perform a trip to assume “exclusive possession, control and use” of the leased vehicle during the trip. 49 C.F.R. § 376.12(c). Applying this regulation, courts have held a motor carrier legally liable for accidents occurring during a leased trip due to the negligence of an owner-operator. If a commercial vehicle is under a permanent lease to one motor carrier, but a trip lease is signed to allow the driver to haul a load for another carrier, both carriers may be on the hook for damages caused by the driver during the lease trip.

In addition to legal theories based on the negligence of the trucker, injured victims can pursue legal theories based on the negligence of the trucking company, including for negligent: (1) hiring; (2) entrustment; (3) supervision; (4) retention; and (5) training. Trucking companies are legally obligated to conduct a thorough background investigation, determine the competency of their drivers, and ensure their ability to safely operate a commercial truck before they hire them and throughout their employment with the company. Large trucks should only be entrusted by trucking companies to drivers who have the licensing, skill, and experience needed to safely operate them.

The Federal Motor Carrier Safety Regulations require motor carriers to routinely and systematically inspect, maintain, and repair all of the trucks in their fleet to ensure that each truck, and all of its component parts, are safe and in good working condition. If a mechanical failure or defect causes a commercial truck accident, the motor carrier may be liable for its failure to adequately inspect, maintain, and repair the truck. If the motor carrier outsources maintenance, inspections, and repair of the trucks in its fleet, a third-party company may be liable in addition to the motor carrier.

Punitive or exemplary damages (damages designed to punish a wrongdoer for conduct beyond mere negligence) can be awarded when the jury concludes that a driver or motor carrier was reckless or wantonly disregarded basic safely guidelines and laws. Trucking companies who disregard the Federal Motor Carrier Safety Regulations’ basic provisions, fail to supervise or monitor their drivers, hire drivers with terrible driving histories, or retain drivers with repeated crashes, failed drug tests, or bad reviews may be subject to punitive damages.

What to do after a truck accident:

The trauma a commercial truck accident inflicts on its victims can feel paralyzing. Still, it is important if the victim is able, independently or through a loved one, to take certain steps after the accident. After an accident, victims or loved ones should:

  1. Obtain the medical help they need.
  2. Make sure police and necessary emergency aid are called.
  3. Take photos of the accident scene and any involved vehicles.
  4. Obtain copies of any reports prepared by police or other responders.
  5. Gather and save the contact information of any witnesses to the accident.
  6. Exchange information with the other driver (name, employer, phone number).
  7. Obtain the trucker’s insurance information, USDOT number, and MC number.
    (Look on the side of the tractor to locate, at a minimum, the USDOT number.)
  8. Call the Pennsylvania trucking accident lawyers who can win your case.

Contact Us

Contact the Almonti Law Group today to handle your personal injury cases with diligence, compassion, and fire.


Get Started

DISCLAIMER:This website provides information for general informational purposes only and to introduce you to the law firm and its attorneys. This website does not provide, and should not be considered to provide, legal advice for any particular case, matter, set of facts, or circumstance. Viewing this website, reading the information on this website, and/or emailing any attorney listed on this website does not create an attorney-client relationship. An attorney-client relationship is created only after a written agreement is signed by a client and the Almonti Law Group.