Can you bring a claim after being hit by a tractor-trailer?
Yes. If a tractor-trailer driver or the company running the truck was careless and that carelessness injured you, Pennsylvania law lets you seek compensation for medical bills, lost income and, depending on your tort election, pain and suffering. The claim usually runs against the motor carrier as well as the driver, and sometimes against the owner of the trailer or the company that loaded it.
What sets these cases apart is the vehicle itself. A tractor pulling a loaded semitrailer is long, heavy and slow to stop, and it pivots at the fifth-wheel coupling. Those facts shape how the crash happened, what evidence exists, and who can be held responsible.
How tractor-trailer crashes happen
Tractor-trailer collisions around Upper Darby and West Philadelphia tend to follow a few patterns:
- Right-turn squeeze: the driver swings left to make a tight right turn and the trailer sweeps into a car or cyclist that moved into the gap.
- Blind-spot lane changes: a trailer drifts into a car riding alongside it, a common problem on the merges of the Schuylkill Expressway and I-95.
- Rear-end impacts: a loaded rig cannot stop in the distance a car can, so following too closely or speeding into slowed traffic on the Blue Route turns a slowdown into a serious crash.
- Brake and tire failures: worn or out-of-adjustment air brakes and blowouts on a trailer the driver may never have inspected.
- Load shift: cargo that moves inside the trailer can push the rig off line or tip it in a curve.
The federal rules that apply to an 18-wheeler
A tractor-trailer used in interstate commerce with a gross weight rating of 10,001 pounds or more is a commercial motor vehicle under the Federal Motor Carrier Safety Regulations (49 CFR § 390.5). That brings in a set of rules that a car driver never faces. Operators must be qualified under Part 391, which requires, among other things, a valid commercial license, a medical certificate and a road test or equivalent (49 CFR § 391.11).
Every brake on the vehicle must be capable of operating at all times (49 CFR § 393.48), and truck tractors built on or after March 1, 1997 must have antilock brakes (49 CFR § 393.55). Cargo must be secured so it cannot shift in a way that hurts the vehicle's stability or handling (49 CFR § 393.100). Each piece of a combination, the tractor and the trailer, must pass a periodic inspection at least once every 12 months (49 CFR § 396.17).
After a crash that kills someone, or one where the truck driver is cited and someone is taken for medical treatment or a vehicle is towed, the employer must test the driver for alcohol and controlled substances (49 CFR § 382.303). Whether that test happened, and when, is one of the first things to ask for.
Tractor owner, trailer owner, carrier: sorting out who is responsible
The name on the cab door is not always the company that owns the tractor, and the trailer may belong to someone else again. Owner-operators often lease their tractors to a licensed carrier. Under federal leasing rules, the carrier that leases a tractor takes on full responsibility for operating it for as long as the lease runs (49 CFR § 376.12(c)(1)). That language often matters when a carrier tries to say the driver was on his own.
Other parties can share fault. A shipper or warehouse that loaded and sealed the trailer may be responsible for an unbalanced or poorly secured load. A repair shop that worked on the brakes may be responsible for a brake failure. Each of these parties can carry separate insurance, so identifying them early can make a real difference in what is available.
Injuries and what they mean for your claim
Crashes with a loaded rig often involve crushed passenger compartments, which is why we see spinal cord injuries, brain injuries, pelvic and leg fractures, and internal injuries. Some of these do not show their full effect for weeks. Follow up with every referral your doctors make and keep a simple journal of pain, missed work and things you can no longer do.
If you were in a car registered in Pennsylvania, your own first-party medical benefits pay early bills. Whether you can recover for pain and suffering can depend on your limited or full tort choice and its exceptions, which our guide on tort options explains.
What to do after a tractor-trailer crash in Delaware County or Philadelphia
Photograph both units if you can: the USDOT number on the tractor, the trailer's plate and any number painted on its nose, and the company names on each. Get the name of the police agency that responded, whether that was Upper Darby Township Police, the Pennsylvania State Police on I-476 or I-95, or the Philadelphia Police Department on the Schuylkill.
A personal injury suit in Pennsylvania generally must be filed within 2 years (42 Pa.C.S. § 5524), and your recovery can be reduced by your own share of fault (42 Pa.C.S. § 7102). Evidence held by a carrier does not wait that long, so the useful window is much shorter. Warren works on a 100% contingency fee: no attorney fee unless we recover, the firm advances all case costs, and those costs are repaid only from a recovery. Call (267) 412-4601 or send the free case review form.
Questions People Ask About Tractor-Trailer Accident Claims
Can I sue if a semi-truck hit my car?
Yes, if the truck driver or the company behind the truck was negligent. In practice the claim is usually made against the motor carrier's insurer first, and a lawsuit is filed if a fair resolution is not reached. The carrier is usually responsible for a driver acting on the job, and it may also be responsible for its own failures in hiring, maintenance or scheduling.
How long does an 18-wheeler accident case take to resolve?
It varies. A claim cannot be valued properly until your doctors know whether your injuries are permanent, which can take months. Cases that go into litigation often run a year or longer because of document requests, depositions and court schedules, and tractor-trailer cases with several companies involved can take longer.
What are typical settlements for tractor-trailer accidents?
There is no typical figure. Value depends on how badly you were hurt, the cost of past and future care, lost earnings, the proof of fault, your tort election and the insurance behind every responsible party. Anyone quoting an average without knowing those facts is guessing.
What should I avoid saying to my injury lawyer?
Nothing. Tell your lawyer about earlier injuries, prior claims and anything you think might make you look partly at fault. Those conversations are confidential, and the carrier's insurer is likely to find those facts anyway. Your lawyer can only plan for what they know.
Do trucking insurers try to settle fast?
Sometimes. An early offer can arrive before you know how serious your injuries are, and a signed release usually ends the claim for good. Before accepting any offer, make sure your treatment has progressed far enough to understand your future needs, and have the offer reviewed.
How much of a settlement do I actually keep?
Your net amount depends on the fee percentage in your written agreement, the case costs the firm advanced, and any liens from health insurers or government programs that paid your bills. Liens can sometimes be reduced. You should receive a written settlement statement showing every deduction before any money is distributed.
Sources
- 49 CFR § 390.5 (definition of commercial motor vehicle)
- 49 CFR § 391.11 (general qualifications of drivers)
- 49 CFR § 393.48 (brakes to be operative)
- 49 CFR § 393.55 (antilock brake systems)
- 49 CFR § 393.100 (cargo securement, general requirements)
- 49 CFR § 396.17 (periodic inspection)
- 49 CFR § 382.303 (post-accident testing)
- 49 CFR § 376.12 (lease requirements, exclusive possession and responsibility)
- 42 Pa.C.S. § 5524 (two-year limitation)
- 42 Pa.C.S. § 7102 (comparative negligence)
Written for general information by the office of Warren I. Siegel, Esq., Pennsylvania Attorney ID 65342. Last reviewed 2026-09-25. This is not legal advice for your situation, and deadlines vary by claim. Talk to a lawyer before relying on any date.