Experienced Truck Accident Attorneys to Assist You in New Jersey
New Jersey is home to more than 8 million people, and the state follows its own set of laws for various types of personal injuries. Whether it is an accident or a dog bite, the state has its own laws and regulations. An applicant looking to recover compensation for injuries must ensure that they understand the legal process and their options.
Truck accidents are usually more complex than other types of motor vehicle accidents. Because of their size, speed, and heavy cargo, they are among the deadliest accidents and may result in serious and catastrophic injuries for those fortunate enough to survive.
In a truck accident, there are often several parties who may share liability. Determining liability is fairly straightforward in most passenger vehicle accidents. Several parties potentially share responsibility for an accident involving a truck. Determining liability can be tricky and complicated. You can discuss your case with a New Jersey Truck accident lawyer to learn more about joint or shared liability.
To help you understand better, here are some examples of parties that can be held responsible for a truck accident. When you sustain injuries, you may have a claim against these parties:
- The driver
- The manufacturer
- The trucking company
- The owner of the truck
- The owner of the cargo
An Auto Accident Lawyer can help you to identify who is responsible for a truck accident. There are times when the company or the manufacturer may be responsible and liable for your injuries. Liability varies from case to case, and you can allow a lawyer to investigate the facts of the case to determine which parties to seek compensation from. You should discuss all aspects of the case to help achieve a full, factual picture of the accident.
According to Truck Accident Statistics, data compiled by the New Jersey State Police Fatal Accident Investigation Unit reports that 524 fatal crashes occurred in the year 2018. The data reveals that improper driving is one of the primary causes of truck crashes. Therefore, drivers and the companies they work for must obey applicable highway laws and regulations related to the trucking industry.
An experienced New Jersey personal injury attorney will always stand by your side to help you get maximum compensation for your injuries and other damages. So, feel free to consult us even if you are not sure about which party or parties to go after.
Important Information About Truck Laws in New Jersey
Before we discuss the legal process further, let us discuss what laws are applicable in New Jersey. The state has various laws to ensure the safety of drivers and minimize such accidents. When a driver or the company fails to obey the rules, they may be liable for your injuries.
You can file a legal action to sue them for their negligence or reckless conduct. The size and weight of trucks makes them especially dangerous. Therefore, it is imperative for drivers and the companies they work for to obey the following laws when driving a truck in New Jersey:
- Getting a Commercial Driver’s License: Driving a commercial truck requires special training and knowledge. Therefore, a driver must pass state tests and get a commercial driver’s license. It is essential to pass both the written and driving skills test in order to obtain a commercial license. Companies should not hire drivers who do not possess a valid license, and drivers should ensure that their license does not expire. You can sue the responsible parties when they fail to meet these conditions. You may speak to an experienced New Jersey truck accident lawyer to learn more about what you should do when drivers and companies violate the laws.
- Hours of service: The state has strict laws on the number of consecutive hours a driver should remain on the road. Fatigue and drowsiness are some of the leading causes of truck accidents around the globe. With regards to these issues, the Federal Motor Carrier Safety Administration (FMCSA) has instituted certain guidelines for hours of service. Drivers should maintain a record of their working hours, shifts, and breaks. Companies should not force the driver to remain on the road if they are feeling too tired or drowsy, and should not violate FMCSA guidelines for safe driving practices.
- Distracted driving policies: Drivers should not use any handheld electronic devices while driving. These devices can lead to distractions and may risk the lives of those who share the road or even innocent bystanders. There are penalties and fines for drivers who do not obey this law.
- Cargo securement: Drivers should inspect the vehicle before taking the road. They should check that the cargo does not exceed the applicable weight limits. The driver may be held liable for the accident if they violated these laws by failing to conduct pre-operational checks.
- Drug and alcohol policies: Drivers must pass a drug test and not operate the vehicle under the influence of alcohol or drugs. Operating any motor vehicle under the influence of a mind altering substance is a serious violation of the law that can result in criminal charges. Trucks are even more dangerous to operate while intoxicated due to the damage they could potentially cause in an accident.
- Maintenance of the truck – Trucking companies are responsible for ensuring that the equipment is safe. They should regularly inspect the truck and see if it requires any maintenance and repairs. You could sue the company if the company allowed the driver to operate the vehicle without taking proper care and maintenance, and that failure resulted in an accident.
Companies, manufacturers, and drivers must adhere to the laws noted above. You may be entitled to seek compensation in a personal injury claim if they violate the laws. If the law imposes a duty on truck drivers, they can be considered negligent and liable for the injuries and harm caused to you for failing to meet their responsibilities under the law.
Statute of Limitations for Filing the Claim in New Jersey
Under New Jersey state law, the plaintiff (typically the injured person bringing the claim) has a deadline of two years from the date of the accident to file a legal action. The process of getting compensation is complicated, and one should not delay. Contact a personal injury attorney today to discuss your options.
Depending on the circumstances and available evidence, the process may take some time. The plaintiff, however, can contact a New Jersey truck accident lawyer for assistance throughout the process. A lawyer will evaluate the facts of the case, to include documentation of any injuries, and will help the plaintiff receive just compensation for their injuries.
If a government entity is involved, you will have a shorter time period to file a claim for compensation. You will have a period of 90 days to file the notice of the claim. The laws differ slightly when government trucks or employees are involved. Therefore, the help of a legal professional may be crucial if you wish to proceed on a claim against a government entity. If the statute of limitations period expires, your claim may be dismissed at the outset. There are few exceptions.
The insurance agency will not approve your claim, and the court will dismiss your application if you do not file within the 2 year statute of limitations. This is the reason why it is so important to follow deadlines and ensure that claims are filed within the requisite period.
What To Do Following a Trucking Accident?
You must take the following steps if you have sustained injuries in a trucking accident:
- Report the accident – You must immediately call the police and get the accident reported. You can even visit the police station if you are feeling fine and can move without serious injury.
- Seek medical attention – It is crucial to get yourself treated by a medical professional. Even minor injuries like Road Rash can lead to larger health issues in the future if you do not get immediate medical attention. Therefore, you must seek a doctor for any injuries suffered in the crash. This will not only ensure your health and well-being, but document the injuries to later support your claim.
- Obtain the information of the other driver(s) – You should write down the vehicle plate number and record the driver’s contact details, license number, and insurance information. If multiple parties were involved, you should do your best to obtain as much information as possible about each.
- Gather evidence at the accident scene – The next step you should do following an accident should be gathering evidence. Evidence will help you prove negligence and will be necessary to support any future claim. Without proper evidence, your claim will be delayed and may even be denied. Therefore, the focus should be on collecting evidence that can help in proving the claim. This can include photographs of vehicle damage, names of cross streets, names of businesses nearby, and anything else that might support your claim.
- Check for witnesses: If there were any witnesses to the accident, try to record their statements. It may be easier to collect their contact information and follow-up at a later date, but the fresher the statement is after an accident, the better.
- Avoid posting on Social media: Posting the accident on social media could create issues and may affect your claim. Therefore, you should avoid posting anything on social media.
Many people face injuries due to Garbage Truck Accidents and are unsure about how to seek legal help. Whether it is a city garbage truck, a private commercial truck, or a tractor trailer, you should never hesitate to discuss the accident with a competent attorney.
Contact an Experienced New Jersey Truck Accident Attorney
You may be entitled to compensation when you sustain injuries because of the negligent operation of a truck. You should speak to an experienced truck accident attorney in New Jersey to assist you with filing a claim for compensation. Our attorneys will go the extra mile to help our personal injury clients. We may be able to seek damages for medical expenses, lost wages, as well as pain and emotional suffering.
The lawyers here have handled numerous types of truck accident cases and apply comprehensive legal strategies to win maximum compensation for your losses. We will not hesitate to go the extra mile to fight for your rights.
Contact our legal team at The Law Offices of Samuel Fishman to get the settlement you deserve for your injuries.