Truck Accident FAQs

When it comes to collisions involving large trucks, the vehicles themselves often increase the risk of something going wrong. These vehicles are difficult to maneuver and take a long time to come to a complete stop. Both of those factors can lead to dangerous scenarios.

The drivers themselves also lead to many crashes. Drivers who operate large commercial trucks must comply with state and federal trucking regulations. One of the essential laws truckers need to follow is their hours of service regulation. Drivers cannot operate one of these vehicles for more than eleven hours in a stretch. Eleven hours behind the wheel is already an extremely long time to try to stay focused on the road ahead. Unfortunately, some drivers will violate this law leading to an increased risk of fatigue-related crashes.

Drivers may also resort to substances to help them stay awake on long rides. This habit, too, can create dangers for the truck drivers themselves and everyone else on the road.

Truck drivers often work for companies that own the vehicles and plan their routes. Sometimes, the company will be liable for the truck driver’s actions even if the company did not commit any negligence itself. This policy is because of the legal theory of vicarious liability. Employers are often responsible for their employees’ actions when those employees are carrying out work-related duties.

There are other situations where the company that owns the truck might face direct liability following a crash. For instance, if the trucking company is responsible for maintaining the vehicles and fails to perform necessary repairs, they can face liability for crashes related to vehicle malfunctions. If a company hires drivers who have records of dangerous behaviors behind the wheel, then that company may face liability for negligent hiring practices. If the company encourages their drivers to speed, violate hours of service regulations, or otherwise engage in behavior likely to cause a crash, these facts could help injury victims build their case against the business that owns the truck.

Sometimes, government entities will own trucks that perform municipal purposes. Perhaps the city uses the trucks to pick up garbage or perform maintenance in public spaces like parks. If a government entity owns the truck, the laws related to filing a truck crash claim will be slightly different. For one thing, you will need to file your claim sooner because the statute of limitations will be shorter in these cases. It is crucial to speak to an attorney right away if you believe you were in a crash with a vehicle that the government owns.

The damages available following a truck crash will depend in part and the severity of your injuries. In cases where the injuries are permanent, catastrophic, and prevent you from working, the damages could be extensive. If the collision only caused property damage and minimal injuries, there might be less compensation involved in the claim.

The liability of the parties will also influence the total come out that you can recover. For instance, if you are partly liable, this could cause a reduction in your available damages. Each case is different, and you will need to discuss your claim with an experienced truck crash attorney to learn more about the damages available to you.

Insurance companies often reach out to accident victims and offer settlements. Although it might be easy and quick to accept insurance companies’ offers, these settlements tend to be for far lower amounts than you would be able to claim if you hired an attorney to pursue your case. You should never accept a settlement offer without first consulting with a personal injury lawyer.

New Jersey is a modified comparative negligence state, so being partly liable will not prevent you from pursuing damages. If the truck driver is 50 percent or more at fault, then you should be able to collect damages from that motorist. Courts will apportion a percentage of liability in these cases. If you are 40 percent at fault, the judge will reduce your damages by 40 percent.

Lawyers who represent personal injury victims charge a contingency fee. If your claim does not yield damages or results, you will not owe attorney fees. If your claim succeeds, your attorney will get a percentage of the settlement or verdict. This system will allow you to pursue damages even if you do not have the funds to pay a lawyer upfront.

Yes, if you lose a loved one in a tragic truck accident, you can file a wrongful death claim. Only certain family members have the right to pursue such legal actions. If you are a parent, spouse, or child of the victim, he might have the ability to collect damages.

In New Jersey, you have two years to file your personal injury claim. If you wait too long, the court will not allow your claim to proceed. In cases where the victim is a minor under eighteen at the time of the crash, the statute of limitations will not run until that individual reaches eighteen years of age. Never hesitate to reach out to a truck accident lawyer about taking legal action.