Truck accidents, involving semi-trucks, tractor-trailers, or box trucks, pose significant dangers on New Jersey's highways and roads. Due to their size and weight, these vehicles can cause severe damage and catastrophic injuries when involved in accidents. If you or a loved one has been injured in a truck accident, it’s good to know and understand your legal rights and the steps to take after the accident.

Following a truck accident, victims may be feeling overwhelmed. Victims often face expensive medical bills, are unable to work, and also suffer emotional trauma. Truck accident claims can be complex, especially when they involve multiple parties such as the truck driver, trucking company, and insurance providers. In these cases, it necessitates a thorough understanding of what your legal options are. This is why it’s important to speak with an experienced truck accident lawyer about your case. The lawyers at Brandon J. Broderick, Attorney at Law have helped truck accident clients navigate these challenging situations to obtain the justice truck accident victims deserve.

In this article, we will explore key legal considerations for truck accident claims in New Jersey, such as liability, gathering evidence, and the importance of legal representation.

Understanding Liability in Truck Accidents

Multiple Parties Involved

Truck accidents often involve multiple liable parties. Determining who is at fault can be complex and may include the truck driver, the trucking company, the truck manufacturer, or even third-party maintenance providers. Each party may share a portion of the liability depending on the circumstances of the accident. It’s important to speak with a lawyer who can identify the parties to hold liable in a truck accident claim.

Truck Driver Liability

Truck drivers can be held liable if they were negligent or violated traffic laws at the time of the accident. Common examples of driver negligence include distracted driving, speeding, driving under the influence, and violating hours-of-service regulations designed to prevent driver fatigue.

Trucking Company Liability

Trucking companies can be held liable for accidents caused by their drivers. This can occur if the company failed to maintain their vehicles properly, did not conduct thorough background checks on drivers, or encouraged drivers to violate safety regulations to meet delivery deadlines. The Federal Motor Carrier Safety Administration (FMCSA) sets regulations that trucking companies must follow to ensure the safety of their operations.

Manufacturer Liability

If a defect in the truck or its components contributed to the accident, the manufacturer may be held liable. This can include faulty brakes, defective tires, or other mechanical issues that led to the crash.

Third-Party Maintenance Providers

In some cases, third-party companies responsible for maintaining the truck may be liable if their negligence resulted in the vehicle being unsafe to operate. This can involve improper repairs or failure to address known issues.

Key Steps to Take After a Truck Accident

Seek Immediate Medical Attention

Your health and safety should be the top priority after a truck accident. Seek medical attention immediately, even if you do not feel seriously injured. Some injuries may not be apparent right away and become worse over time. Medical records will also serve as evidence in supporting your claim.

Report the Accident

Notify law enforcement and report the accident. An official police report will document the details of the crash and may include witness statements and other vital information that can support your case. The New Jersey Motor Vehicle Commission (MVC) requires that accidents resulting in injury, death, or significant property damage be reported.

Gather Evidence

Collect as much evidence as possible from the accident scene. This includes taking photos of the vehicles involved, any visible injuries, road conditions, and any relevant traffic signs or signals. Obtain contact information from witnesses and record their statements if possible.

Notify Your Insurance Company

Report the accident to your insurance company promptly. Provide them with accurate information but avoid making statements that could be interpreted as admitting fault. It’s essential to review your policy to understand the coverage and benefits available to you.

Consult with a Truck Accident Attorney

Given the complexity of truck accident claims, consulting with an experienced attorney is crucial. An attorney can help you navigate the legal process, gather necessary evidence, and negotiate with insurance companies on your behalf. At Brandon J. Broderick, Attorney at Law, we have extensive experience handling truck accident cases and are dedicated to securing the best possible outcome for our clients.

Legal Considerations in Truck Accident Claims

Statute of Limitations

In New Jersey, the statute of limitations for filing a personal injury claim is typically two years from the date of the accident. Failing to file within this timeframe can result in losing your right to seek compensation. It’s important to act promptly to ensure all legal deadlines are met.

Comparative Negligence

New Jersey follows a comparative negligence rule, which means that your compensation may be reduced by your percentage of fault in the accident. For instance, if you are found to be 20% at fault, your compensation will be reduced by 20%. Understanding this rule is essential for managing your expectations and preparing your case effectively.

Types of Compensation

Victims of truck accidents may be entitled to various types of compensation, including:

• Medical Expenses: Coverage for all medical treatments related to the accident, including surgeries, hospital stays, medications, and rehabilitation.
• Lost Wages: Compensation for income lost due to the inability to work, as well as potential future earnings if the injury results in long-term disability.
• Pain and Suffering: Compensation for physical pain, emotional distress, and diminished quality of life resulting from the accident.
• Property Damage: Reimbursement for damage to your vehicle and any personal property involved in the crash.

Importance of Expert Witnesses

In truck accident cases, expert witnesses can play a crucial role in establishing liability and the extent of your damages. These experts may include accident reconstruction specialists, medical professionals, and economists who can provide testimony on your behalf.

Experienced NJ Truck Accident Lawyers Are Available Now

Navigating the aftermath of a truck accident can be daunting, but you do not have to do it alone. At Brandon J. Broderick, Attorney at Law, we are committed to providing compassionate and effective legal representation for truck accident victims in New Jersey. Our experienced attorneys will guide you through every step of the legal process, from gathering evidence and negotiating with insurance companies to representing you in court if necessary.

If you or a loved one has been injured in a truck accident, schedule a free consultation with one of our lawyers by calling today.