Hit by a Commercial Truck Backing Up at a Red Light in Pennsylvania

Attorney Answer

A driver who backs into a car stopped at a light faces a clear rule. Pennsylvania lets a driver back up only when it can be done safely, and only after yielding to moving traffic. Your claim runs against the truck's driver and the company behind it, through the company's insurer. Your own medical bills are covered first by your own policy, whoever was at fault.

The backing rule. 75 Pa.C.S. § 3702(a):

No driver shall back a vehicle unless the movement can be made with safety and without interfering with other traffic and then only after yielding the right-of-way to moving traffic and pedestrians.

A truck reversing into a car stopped behind it at a light is the situation that rule exists for. Fault is still proved with evidence, such as photos, damage location and witnesses. But the statute frames the question in your favor.

Who you claim against. A delivery truck is normally owned or operated by a business, and insured under a commercial policy. Your property-damage claim, and any injury claim, goes to that insurer. The police report or the information exchanged at the scene will identify the company. 75 Pa.C.S. § 3744(a) required the truck driver to give name, address and registration number, and on request to show license and insurance information.

Your own coverage comes first for medical bills. First-party medical benefits pay regardless of fault, at least $5,000 under 75 Pa.C.S. § 1711(a), and from your own policy first under § 1713(a).

When the police had to be called. 75 Pa.C.S. § 3746(a):

The driver of a vehicle involved in an accident shall immediately by the quickest means of communication give notice to the nearest office of a duly authorized police department if the accident involves: (1) injury to or death of any person; or (2) damage to any vehicle involved to the extent that it cannot be driven under its own power in its customary manner without further damage or hazard to the vehicle, other traffic elements, or the roadway, and therefore requires towing.

If neither applied, there may be no police report. In that case, the information exchanged at the scene and your photographs are the record.

What you can do

1. Collect the company's name, the truck's unit or plate number, and the driver's details, from the scene exchange or the police report.

2. Photograph the damage to your car, especially where the truck struck it.

3. Report the crash to your own insurer, and open a first-party medical claim if you were hurt.

4. Open a claim with the truck company's insurer.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Pennsylvania attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. A claim for injuries must be filed within two years under 42 Pa.C.S. § 5524, which covers “An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.” A claim for the car has the same two years under § 5524(3).