Wilkes-Barre Truck Accident Lawyers
Serving Wilkes-Barre, Scranton, Hazleton and all of Luzerne & Lackawanna Counties, plus Harrisburg. Free consultation — no fee unless we win.
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Truck Accident Lawyers Serving Wilkes-Barre, Scranton & Northeastern Pennsylvania
I-81 through the Wyoming Valley is one of the busiest freight corridors in the Northeast, and Luzerne County has become a warehouse hub — CenterPoint Commerce & Trade Park in Pittston, Hanover Industrial Estates, Humboldt Industrial Park and the Amazon fulfillment centers in Hazleton and Pittston all put tractor-trailers on I-81, I-80, Route 309 and Route 315 around the clock. When a fully loaded semi weighing up to 80,000 pounds collides with a passenger vehicle, the result is often catastrophic injury or death.
PA Attorney Source is on South River Street in Wilkes-Barre. Our truck accident attorneys handle crashes on the I-81 corridor from Hazleton to Scranton, the Turnpike Northeast Extension, and the Harrisburg stretch of I-81 and I-83 — and we take on the carriers and their insurers, not just the driver.
Our legal team handles complex truck accident cases against large trucking companies and their insurance providers. We fight tirelessly for our clients' rights while providing compassionate support during the most challenging times in their lives.
Legal Knowledge
In-depth knowledge of federal and state trucking regulations and accident litigation
Maximum Compensation
Committed to securing full and fair compensation for all damages you've suffered
Personalized Attention
Dedicated legal team providing responsive communication throughout your case
Crash Statistics for Luzerne, Lackawanna & Dauphin Counties
3,224
reportable crashes in Luzerne County in 2024 — about nine a day — according to PennDOT.
163
people killed on Luzerne County roads from 2020 through 2024; Lackawanna County lost 101 and Dauphin County 152.
2,259
crashes in Lackawanna County in 2024 — 10.4 per 1,000 residents, the highest rate of the three counties and above the state's 8.5.
44%
of reportable crashes in each county involve an injury — 1,404 injury crashes in Luzerne County alone in 2024.
2,909
crashes in Dauphin County in 2024, with 26 deaths, on I-81, I-83 and the Turnpike around Harrisburg.
Figures are from PennDOT's 2024 Crash Facts & Statistics. See our five-year county crash statistics for the full tables. A police crash report costs $22 from PennDOT and takes 5–15 days — we obtain it for every client at no charge.
Common Causes of Truck Accidents
Driver Fatigue
Truck drivers often face pressure to meet tight delivery deadlines, leading them to drive beyond federal hours-of-service limits. Fatigue significantly impairs reaction time, decision-making abilities, and awareness, making it a leading cause of serious truck accidents.
Distracted Driving
Using mobile devices, adjusting GPS systems, eating, or other distractions can take a truck driver's attention off the road. Given a semi-truck's size and weight, even a momentary lapse in attention can lead to catastrophic consequences.
Equipment Failures
Mechanical issues such as tire blowouts, brake failures, steering system malfunctions, and power train failures are common causes of truck accidents on I-81. Regular maintenance and inspection are required by law but are sometimes neglected.
Improperly Loaded Cargo
Unbalanced or unsecured cargo can shift during transport, causing a truck to jackknife, rollover, or lose control. Loading companies and drivers are responsible for ensuring cargo is properly secured according to federal regulations.
Speeding and Aggressive Driving
Exceeding speed limits or driving too fast for conditions is particularly dangerous for commercial trucks due to their increased stopping distances and reduced maneuverability. Aggressive driving behaviors like tailgating and improper lane changes significantly increase accident risks.
Driver Impairment
Alcohol, drugs (both illegal and prescription), and over-the-counter medications can impair a truck driver's ability to safely operate their vehicle. Commercial drivers are held to higher standards with a legal BAC limit of 0.04%, half that of regular drivers.
Inadequate Training
Some trucking companies fail to properly train their drivers in safety protocols, vehicle operation, and handling emergency situations, leading to preventable accidents when drivers encounter challenging conditions.
Poor Weather Conditions
Winter snow and ice on I-81, I-80 and Route 309, and summer thunderstorms, create hazardous driving conditions. Commercial truck drivers must adjust their driving accordingly or pull over when conditions become unsafe.
Legal Options After a Truck Accident
Potential Liable Parties
Truck accident cases typically involve multiple potentially liable parties, including:
Truck Driver
May be held responsible for negligent driving behaviors such as speeding, distracted driving, or hours-of-service violations.
Trucking Company
Often liable through vicarious liability for their employees' actions or directly responsible for negligent hiring, inadequate training, or encouraging unsafe practices.
Vehicle or Parts Manufacturers
May be liable under product liability laws if defective components contributed to the accident.
Maintenance Providers
Companies responsible for truck maintenance can be held liable if improper maintenance contributed to the crash.
Cargo Loading Companies
Third-party companies that improperly load or secure cargo may be responsible for accidents caused by shifting loads.
Government Entities
PennDOT or a municipality may be liable if poor road design or maintenance contributed to the accident.
Types of Compensation Available
Truck accident victims may be entitled to several types of compensation:
Economic Damages
- Medical expenses (past and future)
- Lost wages and income
- Loss of earning capacity
- Property damage
- Rehabilitation costs
- Home modification expenses
- In-home care costs
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement
- Physical impairment
- Loss of consortium
- Mental anguish
Punitive Damages
In cases involving particularly reckless or egregious conduct, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future. Unlike many states, Pennsylvania does not cap punitive damages in truck accident cases, though they must be reasonable and proportionate to the harm caused.
Pennsylvania's Modified Comparative Negligence Rule
Pennsylvania follows a modified comparative negligence rule with a 51% bar. This means:
- You can recover damages as long as you're less than 51% at fault for the accident.
- Your compensation will be reduced by your percentage of fault. For example, if you were 20% at fault and suffered $100,000 in damages, you could recover 80% (or $80,000).
- If you are found to be 51% or more responsible, you cannot recover any compensation from the other parties.
This highlights the importance of having skilled legal representation to minimize any fault attributed to you in a truck accident case.
Pennsylvania Truck Accident Laws & Regulations
Federal Regulations
Commercial trucks operating in Pennsylvania must comply with Federal Motor Carrier Safety Administration (FMCSA) regulations, including:
- Hours-of-Service Rules: Limit driving time to 11 hours per day within a 14-hour window, followed by 10 consecutive hours off duty. Drivers cannot drive after 60/70 hours on duty in 7/8 consecutive days.
- Electronic Logging Devices (ELDs): Required in most commercial trucks to accurately track driving hours and prevent falsification of records.
- Drug and Alcohol Testing: Mandatory testing before employment, randomly throughout employment, after accidents, and upon reasonable suspicion.
- Vehicle Maintenance: Regular inspection, repair, and maintenance records must be kept for all vehicles.
- Commercial Driver's License (CDL): Specific training and testing requirements for operating commercial vehicles.
- Cargo Securement: Detailed requirements for properly securing different types of cargo.
Pennsylvania-Specific Regulations
In addition to federal regulations, Pennsylvania has state-specific rules for commercial vehicles:
- Weight Restrictions: Maximum gross weight of 80,000 pounds on interstate highways, with specific axle weight distributions required.
- Size Limitations: Maximum width of 8'6", height of 13'6", and length restrictions varying by vehicle type.
- Registration Requirements: Commercial vehicles must be registered with the state and display valid registration credentials.
- Inspection Requirements: Commercial vehicles must undergo periodic safety inspections.
- Pennsylvania USDOT Number: Companies operating commercial vehicles in Pennsylvania must be registered with the FMCSA and have a USDOT Number.
Statute of Limitations
In Pennsylvania, truck accident victims generally have two years from the date of the accident to file a personal injury lawsuit. Suits for crashes in Luzerne County are filed in the Court of Common Pleas in Wilkes-Barre; Lackawanna County cases go to the courthouse in Scranton and Dauphin County cases to Harrisburg. There are exceptions that might extend or shorten this timeframe in certain circumstances.
For claims against government entities (such as accidents involving state-owned vehicles or caused by road defects), special notice requirements apply, and claims must often be filed within six months.
Failing to file within the applicable statute of limitations typically results in the permanent loss of your right to seek compensation, making it crucial to consult with an attorney as soon as possible after a truck accident.
Truck Accident Settlements
The value of a truck accident case depends on numerous factors, including the severity of injuries, impact on quality of life, financial losses, and available insurance coverage. While each case is unique, understanding typical settlement ranges can provide some perspective.
What Determines the Value of a Truck Accident Case
There is no reliable "average" truck accident settlement. The value of a claim is driven by:
- The severity and permanence of your injuries and the cost of future medical care.
- Lost wages and any reduction in your ability to earn a living.
- The insurance available — federal rules require interstate carriers to carry at least $750,000 in liability coverage, and many carry more.
- How clearly fault can be proven and whether the case settles or goes to trial.
Factors That Affect Settlement Amounts
Injury-Related Factors
- Severity and permanence of injuries
- Need for ongoing medical care
- Impact on earning capacity
- Physical pain and emotional suffering
- Disfigurement or disability
Case-Specific Factors
- Clarity of liability
- Percentage of comparative fault
- Available insurance coverage
- Quality of evidence
- Trucking company's violation history
Timeline for Truck Accident Settlements
Truck accident cases typically take longer to resolve than regular car accident cases due to their complexity:
- Most truck accident cases are resolved within 6 to 18 months, though complex cases can take longer.
- Cases that go to trial may take 18 to 36+ months to complete.
- Cases involving appeals or contested liability can extend to 2 to 4+ years.
While the legal process takes time, an experienced truck accident attorney can help expedite your case while still fighting for maximum compensation.
Why Choose PA Attorney Source for Your Truck Accident Case
Trucking Regulation Knowledge
Our attorneys focus specifically on complex vehicle accidents, including commercial truck crashes. We understand the nuances of both state and federal trucking regulations that affect your case.
Thorough Investigation
We employ accident reconstruction specialists, industry experts, and experienced investigators to build the strongest possible case, preserving critical evidence that might otherwise be lost.
Resources to Take on Big Companies
Our firm has the financial resources and legal network to stand up to large trucking companies and their insurance providers, leveling the playing field for our clients.
Client-Centered Approach
We limit our caseload to ensure each client receives personal attention. Your case will be handled by experienced attorneys, not passed off to paralegals or junior associates.
No Fee Unless We Win
Our contingency fee structure means you pay nothing upfront and no legal fees unless we secure compensation for you. We bear the financial risk of your case.
Our Commitment to You
Available 24/7
Our team is always available to take your call, even in emergencies.
No fee unless we win
You pay nothing unless we secure compensation for you.
Same-Day Responses
We respond promptly to all inquiries, typically within hours.
Personalized attention
Your case receives dedicated focus from experienced attorneys.
Contact Our Wilkes-Barre Truck Accident Attorneys
Location:
220 S River St., Wilkes-Barre, PA 18705
Phone:
Email:
Office Hours:
Available 24/7
Get the Compensation You Deserve
Our truck accident attorneys are standing by to review your case and explain your legal options. Don't wait - the sooner we can start investigating your accident, the stronger your case will be.
Frequently Asked Questions About Truck Accident Cases
The questions injured drivers ask most after a collision with a tractor-trailer, answered under Pennsylvania and federal motor-carrier law.
Often more than the driver. The motor carrier is responsible for hiring, training, hours-of-service compliance and maintenance; a separate owner may hold the tractor or trailer; a shipper or loader may be liable for an unbalanced or unsecured load; a manufacturer for a brake or tire defect. Each carries its own insurance, which is why we identify every party before the first demand goes out.
Two years from the crash to file suit, but the evidence clock is far shorter. Federal rules require carriers to keep driver hours-of-service records for only six months, and onboard event data can be overwritten when the truck returns to service. We send a preservation letter to the carrier and its insurer within days so logs, electronic logging device data, dash-cam video and post-crash drug and alcohol test results are locked down. Suit is then filed in the county where the crash happened — the Luzerne County Court of Common Pleas in Wilkes-Barre for most of our clients.
The truck's engine control module and electronic logging device (speed, braking, hours driven), the driver's qualification file and logbooks, dispatch and delivery schedules that show pressure to speed, maintenance and inspection records, weigh-station and toll data, and the federally required post-accident drug and alcohol tests. Police reports rarely capture any of this; it has to be demanded from the carrier.
Serious truck cases are valued on future medical care, lost earning capacity and the permanence of the injury, and the available coverage is usually far larger than in a car crash: interstate carriers must carry at least $750,000 in liability coverage and many carry $1 million or more, with excess policies above that. No lawyer can quote a number before reviewing your medical records.
No. Large carriers dispatch rapid-response teams and adjusters to the scene within hours; their job is to obtain a recorded statement and a signed release before you know the extent of your injuries. Refer every call to your attorney. You are required to cooperate only with your own insurer, and even then a lawyer should be on the line.
Your own auto policy's full or limited tort election still governs, but limited tort only restricts pain-and-suffering claims for non-serious injuries. The injuries in a tractor-trailer collision almost always meet Pennsylvania's serious injury threshold, and the exception for drivers convicted of DUI also applies. We review your declarations page at the free consultation and explain exactly what you can claim.
Areas We Serve
Our office is in Wilkes-Barre. We represent injured people across the Wyoming Valley and Scranton area, and in Harrisburg and Dauphin County:
Luzerne County
- Wilkes-Barre
- Hazleton
- Kingston
- Pittston
- Nanticoke · Plymouth · Mountain Top
- All Luzerne County Locations
Lackawanna County
- Scranton
- Dunmore · Carbondale · Clarks Summit · Dickson City
- All Lackawanna County Locations
Dauphin County
- Harrisburg
- Hershey · Middletown · Colonial Park
- All Dauphin County Locations
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Reviewed by
Joseph J. Mashinski, Esq.
— Managing Attorney, PA Attorney Source. Pennsylvania attorney since 2005 (PA ID 201414), Penn State Dickinson Law. Joseph reviews every case inquiry that comes to the firm.