Personal Injury Lawyers for Truck Accident Victims

Why Truck Accidents Are Different from Typical Car Crashes

Being involved in a truck accident—regardless of the vehicle you are driving—is different from being in a typical car crash. For one, the size and weight of a commercial truck vs. an automobile (or even another truck) carries with it certain dangers regarding force of impact. Although small and midsize pickup trucks weigh around the same as many cars, loaded big rigs can weigh up to 40 tons, many times more than the weight of a typical car. Plus, trucks require longer stopping distances due to their weight; this increases the chances of a rear-end collision if the truck is following too closely or is cut off by a car.

Truck accidents can cause catastrophic damage to a car and grave personal injury to car drivers, passengers, and pedestrians. Tractor trailers jackknife, trucks roll over, and in some cases, small cars may slide under a truck (underride accident) rather than collide with it.

Truck accidents also result in more legal complexity due to state and federal laws and how to determine liability.

Key Laws & Regulations Governing Truck Accidents in New Jersey

New Jersey has specific truck accident laws and regulations that help personal injury lawyers determine liability. (There are federal laws regarding truck accidents, as well.)   New Jersey laws:

• Stipulate weight limits for trucks based on the type of road and cargo.
• Restrict truck access on certain roads, such as residential streets or in environmentally sensitive areas. Trucks are prohibited from the Garden State Parkway, for example.
• Prohibit the transport of hazardous materials unless the trucking company obtains special permits and complies with rigorous safety standards.

Commercial trucking is also heavily regulated by federal law under the Federal Motor Carrier Safety Administration. This agency’s regulations establish rules for driver qualifications, hours of service (to avoid driver fatigue), drug and alcohol testing, vehicle maintenance/repair, cargo loading and securement, and record-keeping. Trucking companies and carriers must comply with these regulations; violations can establish negligence and liability.

As with Uber and Lyft accidents, New Jersey’s no-fault insurance system applies to truck accident claims.  Therefore, your auto insurance company will be responsible first for covering your medical expenses and lost earnings (through your policy’s Personal Injury Protection, or PIP), regardless of who caused the accident. However, the severe injuries from truck accidents often mean that the PIP is not adequate to meet the compensation claims so the at-fault party’s liability insurance must provide reimbursement.

Who Can Be Held Liable After a Truck Crash

Truck crash liability can be complicated. Liable parties may be:

• Truck drivers – driving while fatigued or impaired, or driving recklessly
• commercial truck companies or truck/trailer owners – negligent driver scheduling, poor hiring practices, lack of vehicle maintenance
• Cargo loaders – improper loading or overloading of cargo, inferior cargo securement
• Mechanics – overlooking or improperly performing, requiring a necessary repair
• Manufacturers – product /parts defect

Common Types of Truck Accident Injuries & Their Consequences

There is much higher impact force in truck accidents than in car crashes. As a result, truck accident injuries are often life-altering or fatal. Common types of injuries are spinal cord damage and paralysis, traumatic brain injuries, crushed internal organs, and broken bones. Underride accidents may result in decapitation. Consequences can be a lifetime of mobility issues and disability, multiple surgeries, possible amputation, brain damage, months or years of rehabilitation, severe emotional and financial tolls, pain and suffering, loss of quality of life and death.

When to Contact a Truck Accident Lawyer

After first responders arrive and complete their work, victims should seek immediate medical attention and contact a truck accident lawyer. An experienced truck accident attorney will guide you regarding your right to a legal claim and the viability of a personal injury lawsuit, help determine liability, and advise you about maximum compensation. In New Jersey, truck accident victims generally have two years from the date of the accident to file a personal injury lawsuit.

What to Expect from the Legal Process

The legal process in truck accident cases involves various experts who will conduct a comprehensive accident investigation. Your truck accident attorney will demand preservation of all evidence the trucking company and driver have. Trucking companies are legally obligated to preserve accident evidence once a law firm initiates intent to litigate.

Your legal team will analyze all the physical evidence, review company records (including drug/alcohol test results) and black box data, analyze driver logs, and examine the vehicle’s maintenance records. These steps are necessary to determine how or why the truck accident occurred, negligence, and liable parties.

In addition, truck accident lawyers will negotiate with commercial truck insurers and their adjusters, investigators, and lawyers on your behalf.

Critical Evidence & Documentation to Preserve After a Truck Crash

As with any personal injury case, document all bodily injuries and damage to your vehicle and retain all medical records and expenses. Get the truck’s U.S. Department of Transportation number and any information about the truck company, as well as witness statements, if possible.

Specialized evidence from the truck’s black box data is critical to a case. This objective evidence, collected electronically, captures the truck’s speed, hours of service, engine performance, and the driver’s braking actions. It must be downloaded and preserved quickly before it is overwritten or destroyed.

Contact an Experienced Attorney

If you were involved in a truck accident in NJ, contact the experienced attorneys at Britcher, Leone & Sergio, LLC, at 201.444.1644 or info@medmalnj.com. Our team will investigate the facts of the case fully, identify all negligent parties, and pursue just compensation for your injuries to help you rebuild your life.