Truck accidents can be devastating, often resulting in severe injuries, significant property damage, and, in the worst cases, fatalities. Given the size and weight of commercial trucks, the impact of these accidents is far greater than typical car crashes. In New Jersey, determining fault after a truck accident is not always straightforward. Multiple parties, such as the truck driver, the trucking company, and even manufacturers, could be liable. Proving fault is essential to securing compensation for your injuries and losses, but it requires a thorough understanding of the laws and processes involved.

In this article, we’ll explore how to establish fault in a New Jersey truck accident, the key factors involved, and the legal standards that apply. We’ll also discuss what you need to know about New Jersey’s laws and how they influence fault determination. Whether you’re pursuing a personal injury claim or dealing with insurance companies, understanding how to prove fault is a vital step in your case.

Going through an accident can be tricky. Make sure to seek legal counsel, even if it's simply for a consultation or advice. The truck accident attorneys at Brandon J. Broderick, Attorney at Law are ready and available to help you.

Understanding Fault in New Jersey Truck Accidents

Comparative Negligence in New Jersey

New Jersey follows a comparative negligence rule, which means that multiple parties can share responsibility for an accident. Under New Jersey’s modified comparative fault system, you can recover damages as long as you are not more than 50% at fault for the accident. If you are 50% or less responsible, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident and awarded $100,000 in damages, your compensation would be reduced to $80,000.

This rule makes it especially important to build a strong case proving that the truck driver or another party is primarily responsible for the accident. Truck accident claims can be complex, with several entities potentially involved, such as the trucking company, maintenance contractors, or even the truck's manufacturer. Each party may have contributed to the accident, and fault must be clearly established through evidence.

Key Factors in Determining Fault

To prove fault in a New Jersey truck accident, several key factors must be considered, including:

1. Violation of Traffic Laws: If the truck driver violates traffic laws, such as speeding, running a red light, or failing to yield, this could serve as strong evidence of negligence. Traffic violations are often recorded in police reports, which can be used to support your case.
2. Driver Error or Negligence: The truck driver may have been distracted, fatigued, or under the influence of drugs or alcohol. New Jersey has strict regulations on truck drivers, including hours-of-service laws that limit how long a driver can be on the road without taking a break. Violating these regulations can lead to accidents, and proving that the driver was negligent can strengthen your case.
3. Maintenance Issues: Trucks are subject to rigorous maintenance standards, and failure to maintain a vehicle properly can result in mechanical failures that cause accidents. In these cases, liability may fall on the trucking company or a third-party maintenance contractor.
4. Road Conditions: Poor road conditions, such as construction zones, potholes, or icy roads, may also contribute to truck accidents. While this may complicate proving fault, evidence such as road maintenance records can help establish liability.

Steps to Prove Fault in a Truck Accident Case

1. Gather Evidence from the Scene

The first step in proving fault is gathering evidence from the accident scene. This includes:

• Photographs: Take photos of the vehicles, damage, skid marks, road conditions, and any visible injuries. This visual documentation can help reconstruct how the accident occurred.
• Witness Statements: Collect the contact information and take statements from anyone who may have witnessed the accident. Their testimonies can provide crucial insight into what happened and support your version of events.
• Police Reports: Always call the police after a truck accident. The police will file an official report, documenting details such as weather conditions, vehicle damage, and whether any traffic laws were violated. This report can be critical in proving fault.

2. Request the Truck’s Black Box Data

Many commercial trucks are equipped with an electronic logging device (ELD) or "black box," which records important data such as the truck’s speed, brake usage, and the driver’s hours of service. This information can be vital in proving whether the truck driver was speeding, driving recklessly, or violating hours-of-service regulations. Your attorney can help you obtain this data, which may be held by the trucking company or the truck’s manufacturer.

3. Review the Driver’s Record and Logbooks

Federal regulations require truck drivers to keep detailed logbooks of their driving hours, rest periods, and inspections. Reviewing these logs can help determine if the driver was fatigued or in violation of federal rules at the time of the accident. In addition, checking the driver’s history for previous violations or accidents can support your claim of negligence.

4. Obtain Maintenance and Inspection Records

Trucking companies are legally required to maintain their fleets in safe working condition, and regular inspections are mandated. If a truck’s maintenance records show that the vehicle was overdue for inspections or repairs, this can be used as evidence to prove that poor maintenance contributed to the accident.

If brake failure, tire blowouts, or other mechanical problems were involved, it may be possible to hold the trucking company or maintenance contractor responsible for the accident.

5. Work with Expert Witnesses

In many truck accident cases, expert witnesses are brought in to analyze the evidence and provide a professional opinion on fault. Accident reconstruction experts can recreate the accident to determine how it happened and who was at fault. Additionally, mechanical engineers or trucking industry experts can examine the vehicle’s condition or the company’s practices to identify any violations that contributed to the crash.

Expert testimony can be a valuable asset in proving fault, especially when dealing with complex factors like vehicle maintenance or federal trucking regulations.

New Jersey Trucking Laws and Regulations

Truck accident cases in New Jersey are influenced by both state and federal regulations. The Federal Motor Carrier Safety Administration (FMCSA) sets strict standards for truck drivers and companies, including rules on hours of service, drug and alcohol testing, and vehicle maintenance. New Jersey also has its own traffic laws and regulations governing commercial trucks on its roads. Violating these regulations can serve as evidence of negligence and contribute to proving fault in a truck accident case.

For more information about federal trucking regulations, you can refer to the FMCSA website.

Call Brandon J. Broderick For Legal Help

Navigating New Jersey truck accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.