Need Truck Accident Lawyers in Roseland, NJ? We’re Here to Help!
Being involved in a truck accident can be a terrifying experience. Due to commercial trucks’ large size and weight, accidents involving trucks frequently caused catastrophic injuries and even death. When an individual is seriously injured or killed because of a truck driver's negligence, it may be possible to seek compensation. These types of accidents include accidents involving tractor-trailers, garbage trucks, dump trucks, 18-wheelers, semi-trucks, and any other type of large truck.
Our Law Firm Specializes in Cases Involving Semi-Trucks, Tractor Trailers, and All Other Commercial Vehicle Accidents
Under New Jersey Law, victims of accidents with commercial truck drivers often have grounds to pursue damages or a personal injury lawsuit. If you or your loved one have been seriously injured in a truck accident in New Jersey, it is essential to talk to a skilled lawyer about your crash. You will need to find out if you have a valid claim for compensation because you will only have two years from the date of your accent to file a lawsuit. Attorney David A. Dibrigida specializes in cases involving commercial truck accidents. Contact us today to schedule your free initial consultation. At the Law Offices of David A. DiBrigida, we represent clients in Roseland, Patterson, Howell, Essex, Morris, Union, Bergen, Passaic, and Sussex.
How are NJ Laws for Commercial Truck Accidents and Car Accidents Different?
Commercial truck accident cases are different from passenger vehicle cases in several important ways. First, there are differences in what causes commercial truck accidents and passenger vehicle accidents. Many passenger vehicle accidents are caused by the negligence or inattention of one or more drivers, such as talking on a cell phone or texting. Distracted driving does cause commercial truck accidents. However, most commercial truck accidents involve issues related to blind spots, improper loading of cargo, and negligent braking and acceleration.
Commercial trucks are regulated heavily by the Federal Motor Carrier Safety Administration. There are specific rules that govern how truck drivers must maintain their trucks and load cargo. Truck drivers must take mandatory breaks while driving to avoid becoming overly fatigued and causing an accident. Additionally, commercial trucks must undergo annual inspections and keep records for maintenance. All of these regulations provide opportunities for lawyers to pursue compensation. When a truck accident lawyer can prove that the trucking company or its driver violated a statute, they will strengthen their case.
Finally, trucking companies typically have much larger insurance policies for accidents. Most trucking companies carry commercial liability insurance, making them more prepared to pay higher settlement offers than parties with passenger vehicle insurance policies. However, just because the trucking company has a higher insurance limit does not mean it will be easy to recover compensation. Commercial insurance companies thoroughly investigate truck accidents to determine negligence. They will try any tactic available to reduce the victims settlement amount to save money. Working with an experienced truck accident lawyer is crucial to obtaining the total amount of compensation you deserve.
How to Determine Fault in New Jersey Commercial Trucking Wrecks
To obtain compensation for your injuries after a commercial truck accident, you will need to prove that the other driver was at fault. The trucking company or their insurance company will likely send investigators to the truck accident scene immediately. They will document evidence, interview witnesses, and take photos. These investigators will try to prove that the truck driver was not at fault for the accident to avoid paying compensation claims.
Victims who are in passenger vehicles may not have immediate access to these types of professionals. After a truck accident, it is crucial that you not discuss the case with investigators or insurance examiners until you discuss your case with your personal injury lawyer. Your lawyer will be able to conduct your own investigation to gather evidence regarding liability. In a commercial trucking accident, liability can extend to multiple parties, and your lawyer may investigate the following:
If the truck had been properly inspected and maintained
If the driver had the proper license to carry the load
How many hours the driver had been on the road without taking a break
Whether the cargo was loaded correctly
Whether the truck had been properly maintained
Whether the driver was under the influence of drugs or alcohol
Each of these issues could point to the liability of a different person or company. For example, suppose the truck accident was caused by improper loading of the cargo. In that case, the focus would not be on the driver but the loading company. However, if a maintenance issue caused the truck accident, the truck owner and the maintenance professional could be involved.
Common Questions About NJ Truck Accident Laws
Q: Are truck drivers responsible for damages?
A: Under New Jersey law, the victim of a commercial truck accident has a right to bring a lawsuit against the at-fault driver who caused the accident. When a truck driver causes an accident that results in your injuries, you can hold the truck driver responsible for damages. Some truck drivers are independent contractors, making it difficult to sue their employers.
However, if the truck driver was an employee, you may be able to sue the truck driver and his or her employer. For example, suppose the trucking company failed to train their truck drivers or review their criminal histories. If the trucking company's negligence caused the accident, you could bring a lawsuit against the trucking company, which will typically have more assets available than an individual driver.
Q: Will I have to go to court for my claim?
A: You will only have to go to trial if the insurer or trucking company doesn’t offer an adequate settlement out of the trial but other side of the table wants a solution out of court; given that the reimbursement amount awarded in court is usually higher compared to an out-of-court agreement.
Q: Can I name multiple parties in my truck accident claim?
A: Yes. You can name every party that's at fault for your truck crash when making an injury claim. Considering that the trucking industry is complex and broad, you might discover there were various parties involved that caused the accident. Some of these negligent parties may include the trucking company, the truck driver, the defective truck part manufacturer, the cargo loader, and government entity mandated with maintaining and keeping the roads safe.
Need Legal Help With Your 18-Wheeler Big Rig Accident? Call Us Today!
Trucking companies typically have significant resources and lawyers at their disposal. If a commercial truck driver has injured you, it is crucial that you discuss your case with a lawyer as soon as possible. Attorney David A. DiBrigida will advocate aggressively for your rides and pursue the total amount of compensation you deserve. Contact us today to schedule your free consultation.