A truck accident can be a horrific time in your life that often results in catastrophic injuries and even death. If an individual is injured or killed because of a driver or trucking company’s negligence, it may be possible to seek compensation for damages.
Contact us today for a free consultation to learn more about your legal options. We work only on a contingency fee basis, which means we do not get paid unless you recover compensation. There is no risk to you in contacting us to find out how we may be able to help you.
DO I HAVE A VALID TRUCK ACCIDENT CASE?
Commercial truck accident victims often have grounds to pursue a claim for compensation. This could include crashes with tractor-trailers, semis, 18-wheelers, garbage trucks, dump trucks or any other large trucks.
However, it is important to talk to a licensed attorney about your crash to find out if you may have a valid claim. We need to determine if the accident was caused by some form of negligence, either on the part of the driver or on the part of his or her employer or other parties involved in repairing/maintaining the truck and/or loading its cargo.
WHAT IS NEGLIGENCE?
This is a legal standard that must be satisfied by the victim in a personal injury case. Essentially, the victim must show another party breached a duty of care and this resulted in his or her injuries. A duty of care is a legal requirement to take reasonable action to prevent others from getting injured. An example of negligence might be distracted driving or speeding.
It is the victim’s responsibility to prove negligence. That means you need evidence of the at-fault party’s negligence, and evidence connecting that negligence to your injuries.
HOW OUR NEW JERSEY TRUCK ACCIDENT LAWYERS COULD HELP
Immediately following an accident, the trucking company will send its lawyers and insurance adjusters to the scene to investigate and do everything it can to protect its interests. That is why it is critical that you contact a reputable attorney as soon as possible so he or she can start working to protect your interests.
Our New Jersey truck accident lawyers are committed to helping you recover the compensation you need to move forward with your life. Those who hire a lawyer often obtain more compensation compared to those who do not. People who do not talk to or hire a lawyer may be more likely to accept the first settlement offered, which is often far less than what the victim may be able to obtain.
We know that truck companies and their insurance providers will do everything they can to minimize their payout after an accident. As skilled negotiators with decades of experience working directly with insurance companies, we are prepared to move quickly to build a strong case.
We have the resources required to:
- Analyze police and accident reports
- Collect and review medical records
- Investigate the truck driver’s background and driving record to check for previous arrests, violations of state or federal laws, and other accidents
- Consult with experts
- Recreate the accident scene
- Interview witnesses
Call Pagliara Law Group if have been injured or lost a loved one in an accident with a negligent truck driver. There are no upfront fees while we work on your case and we do not get paid for our services unless you get paid.
WHAT FORMS OF COMPENSATION MAY BE AVAILABLE?
There are various forms of compensation for truck accident victims, not just medical expenses, although current and future medical bills are a large percentage of most settlement awards. You can discuss the value of your potential claim in a free consultation with one of our New Jersey truck accident lawyers.
Other forms of compensation besides medical expenses may include:
- Vehicle damage
- Lost wages
- Loss of earning capacity
- Cost of hiring a caregiver if you have a severe disability
- Lost enjoyment of life
- Loss of companionship
- Physical pain
- Emotional suffering
Truck accidents can not only cause economic hardship, they can also damage your relationship with your spouse and create significant emotional and psychological challenges.
Our attorneys are ready to help gather evidence of the damages you suffered, such as bills and receipts and documentation from your employer about your wages/salary, and help explain how to document the psychological and emotional effects of your injuries.
While most cases settle out of court, our firm is always prepared to go to trial if we need to. We are committed to recovering maximum compensation holding at-fault parties accountable.
It is important to hire an attorney with the resources and experience to take a case to court. Insurance companies and other parties involved in these cases know the attorneys who do not go to court. Insurers and others may be less likely to offer fair compensation to victims represented by these attorneys.
WHO IS LIABLE FOR A TRUCK ACCIDENT?
Although truck driver negligence is often a leading cause of accidents, negligence on behalf of the owner of the truck or trailer, the truck driver’s employer, or the trucking company can also lead to serious accidents. Product manufacturers and cargo-loading companies could also hold liability for a truck crash.
Trucking companies are responsible for hiring responsible drivers and providing them with the training and skills they need to be safe on the roads. Trucking companies and other entities could be held responsible for an accident if you or your lawyer can prove they:
- Negligently hired, trained or supervised employees
- Failed to conduct a background check
- Hired drivers with a history of traffic violations
- Failed to inspect, maintain or repair the truck or trailer
- Overloaded a trailer
- Did not replace defective parts or equipment
HOW MUCH TIME DO I HAVE TO FILE A CLAIM?
New Jersey truck crash victims must file a claim within two years of the accident, otherwise they may lose the right to file a claim. This deadline is set by state law. The deadline for wrongful death claims is also two years.
There are some exceptions to these laws (minors have until their 20th birthday to file a personal injury claim), however, it is important to discuss your claim with a licensed attorney who can determine the deadline for your claim. The clock may already be running so it is important to contact a lawyer as soon as possible. We need time to investigate, gather evidence and determine the value of your claim.
WHO REGULATES COMMERCIAL TRUCKS?
Commercial vehicles are regulated at the federal level by the Federal Motor Carrier Safety Administration (FMCSA) and at the state level by the New Jersey Motor Vehicle Commission. They set regulations on things like height and weight and securing cargo.
Often, trucks involved in crashes were in violation of a federal or state regulation meant to ensure the safety of the truck driver and other drivers sharing the road with the truck.
Our New Jersey truck accident lawyers are ready to thoroughly investigate your accident to determine if any regulations were violated before your accident.
SIZE AND WEIGHT LIMITS
New Jersey has a reference guide covering the length, height, weight and width limits for commercial vehicles operating within the state. For example, commercial vehicles cannot exceed eight feet in width on all highways and eight feet six inches on designated network routes. All commercial vehicle types and combinations cannot exceed 13 feet six inches in height on all highways.
However, there are different length limits for different types of commercial vehicles:
- Truck-Semitrailer – 62 feet on all highways
- Tractor-Trailer – No Limit on all highways
- Semitrailer – 63 feet when hauling a non-divisible load
- Tandem trailer – 28 feet with up to two trailers
- Truck – 40 feet on all highways and 50 feet when hauling a non-divisible load
The maximum allowable weight limits include:
- 80,000 pounds in overall gross weight
- 22,400 pounds for a single axle truck
- 34,000 pounds for a tandem axle truck
HOURS OF SERVICE REGULATIONS
Drowsy driving is incredibly dangerous, particularly when the drowsy driver is operating a commercial truck. That is why the FMCSA has hours or service rules to try to prevent drivers from getting behind the wheel when they are tired or fatigued.
For example, property-carrying drivers can drive a maximum of 11 hours after being off duty for 10 consecutive hours. (Drivers can split their off-duty time in a sleeper birth into two periods, eight and two hours or seven and three hours.) Property-carrying drivers cannot drive more than 14 hours after being off duty for 10 consecutive hours.
DRUG AND ALCOHOL TESTING REQUIREMENTS
Impaired driving is very dangerous, as drugs or alcohol can make it harder to react quickly or make safe decisions. That is why drug testing of drivers is so important.
The FMCSA requires drug testing at various times to try to prevent impaired drivers from being behind the wheel. For example, drivers must pass a drug screening before they can operate a commercial vehicle. Drug testing is also required after crashes involving serious or life-altering injuries and/or fatalities.
CAUSES OF TRUCK ACCIDENTS
Unfortunately, many of these accidents are a result of negligent truck drivers. Long hours on the road, tight schedules and deadlines, and busy highways can all contribute to a driver failing to put safety first.
Some of the leading causes of truck accidents include:
- Lack of driver training
- Driver fatigue
- Unsecured load
- Poorly maintained truck or trailer
- Reckless driving
- Failure to obey traffic laws
- Speeding
- Tailgating
- Driver distraction
- Driving under the influence
- Improperly loaded or overloaded trucks
Our dedicated team of New Jersey truck accident lawyers, investigators and support staff are prepared to work to gather all the evidence from your accident to determine its cause and who should be held liable.
After you seek medical treatment, give us a call to see if we may be able to help you during this difficult time.
SCHEDULE A FREE CONSULTATION WITH A NEW JERSEY TRUCK ACCIDENT LAWYER
201-470-4181
