Truck accidents often result in severe injuries and extensive property damage. But beyond the physical impact, these cases involve legal complexities that make them far more challenging than standard car accident claims. If you were injured in a truck accident in New Jersey, understanding these differences can help you navigate the legal process more effectively and pursue the compensation you need.
Multiple Parties May Be Liable
Unlike typical car accidents, where one or both drivers are usually responsible, truck accident cases often involve multiple liable parties. The truck driver, trucking company, cargo loaders, maintenance providers, and even truck manufacturers could share fault. Determining liability requires a thorough investigation and strong evidence.
For example, if the trucking company failed to enforce proper safety protocols, it could be held accountable for a driver’s reckless behavior. Similarly, if a defective truck part contributed to the crash, the manufacturer may be responsible. Identifying the correct defendants is essential for securing full compensation. Without experienced legal guidance, victims may overlook crucial sources of liability that could impact their claim.
Federal and State Regulations Impact Trucking Claims
The trucking industry follows strict federal and state regulations. The Federal Motor Carrier Safety Administration (FMCSA) sets guidelines for driver hours, vehicle inspections, cargo limits, and drug testing. New Jersey also enforces additional state laws for commercial truck operations.
These regulations play a critical role in accident claims. If a trucking company allows drivers to exceed legal work hours or neglects mandatory maintenance, those violations can serve as strong evidence of negligence. However, proving these infractions requires obtaining detailed records, such as electronic logging device (ELD) data and maintenance logs. Because trucking companies have legal teams working to minimize liability, gaining access to these records can be challenging without legal intervention.
Insurance Policies for Trucks Are More Complex
Tractor-trailers and commercial trucks carry much larger insurance policies than standard passenger vehicles. While a typical car insurance policy may provide $15,000 to $250,000 in liability coverage, trucking companies often have policies worth millions of dollars to cover damages.
Higher coverage limits mean insurance companies will aggressively defend claims to minimize payouts. Insurers frequently attempt to shift blame, dispute injuries, or pressure victims into accepting low settlements. They may argue that a victim’s injuries were pre-existing or claim that the truck driver was not at fault. Without a strategic legal approach, accident victims may struggle to recover the full amount they’re seeking.
Investigations Require Extensive Evidence
Proving fault in a truck accident requires substantial evidence. Unlike car accidents, where police reports and witness statements may be enough, truck accident claims demand in-depth investigations. Crucial evidence includes:
- Black box data: Records truck speed, braking, and driver actions before impact.
- Dashcam footage: Captures real-time footage of the crash.
- Driver logs: Confirms hours of service and possible fatigue violations.
- Maintenance records: Shows whether the truck was properly inspected.
- Cargo loading reports: Determines if improper loading contributed to the accident.
- Medical records: Links injuries to the accident and establishes the severity of damages.
Because trucking companies control much of this evidence, they may attempt to withhold or destroy critical records. Acting quickly to preserve evidence is crucial for building a strong case. Working with a lawyer can help ensure all relevant documentation is obtained before it is lost or altered.
Truck Accidents Often Cause Severe Injuries
Due to their massive size and weight, commercial trucks cause catastrophic injuries in collisions. Victims often suffer life-altering conditions such as:
- Traumatic brain injuries (TBI)
- Spinal cord damage and paralysis
- Multiple fractures and internal injuries
- Severe burns from fuel-related fires
- Amputations caused by crushing impact
These injuries require extensive medical treatment, ongoing rehabilitation, and long-term care. Unlike minor car accidents, where injuries may heal within months, truck accident victims often face lifelong consequences. Calculating the full cost of medical expenses, lost wages, and future care needs is essential when pursuing compensation. A strong legal strategy ensures that all financial losses—both current and future—are considered when seeking damages.
Similar Post: Traumatic Brain Injury Lawsuits
Trucking Companies Have Legal Teams Ready to Fight Claims
Trucking companies and their insurers have experienced legal teams focused on reducing claim payouts. They may argue that:
- The victim was partially at fault.
- The injuries were pre-existing.
- The accident was unavoidable due to weather or road conditions.
- The damages claimed exceed actual losses.
- The trucking company was in full compliance with safety regulations.
Dealing with these tactics alone can be overwhelming. Without legal representation, accident victims may fall for these strategies and accept far less than they should. Insurance companies often pressure victims to accept lowball settlement offers before they fully understand the extent of their damages. An attorney can push back against these tactics and negotiate a fair settlement.
Filing Deadlines and Legal Challenges in New Jersey
New Jersey enforces a strict statute of limitations for personal injury claims. Victims generally have only two years from the date of the accident to file a lawsuit. Failing to meet this deadline could result in losing the ability to seek compensation.
Additionally, New Jersey follows a modified comparative negligence rule. If a victim is found more than 50% at fault for the accident, they cannot recover compensation. Insurance companies often use this rule to their advantage, attempting to shift as much blame onto the victim as possible. Proper legal representation can help counter these tactics and ensure a fair assessment of liability.
Similar Post: Time is Money: Why Delaying Your Personal Injury Claim in New Jersey Could Cost You More Than You Think
What to Do After a Truck Accident
Taking the right steps after a truck accident can strengthen your case. If you are able, follow these guidelines:
- Call 911: Always report the accident to law enforcement.
- Seek medical attention: Even if injuries seem minor, get checked by a doctor.
- Gather evidence: Take photos of the scene, vehicle damage, and any visible injuries.
- Obtain witness statements: If others saw the crash, collect their contact information.
- Do not speak to the trucking company’s insurance: Anything you say may be used against you.
- Consult an attorney: Legal guidance is key to protecting your rights.
Were You Injured in a New Jersey Truck Accident? Contact Blume Forte Fried Zerres & Molinari to File a Personal Injury Claim Today
If you or a loved one suffered injuries in a truck accident, you need a legal advocate who understands the complexities of these cases. The insurance companies and trucking companies will not have your best interests in mind—but we do.
Let us help you fight for the compensation you’re seeking. Call Blume Forte Fried Zerres & Molinari now at 973-845-4421 or fill out our online contact form to schedule a free consultation. Time is limited, so don’t wait to take action. We represent clients in Chatham, Sea Girt, Hackensack, Union, and throughout New Jersey.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.