Our New Jersey truck accident lawyers at Sweet James have more than 25 years of experience helping injury victims.
Before founding Sweet James, James represented insurance carriers in personal injury and workers’ compensation cases, giving him insight into how insurers assess and defend injury claims. That experience helps shape The Sweet James Advantage that we bring to serious injury cases.
If you were hurt in a collision with a commercial vehicle, contact our truck accident lawyers for a free consultation.
Why Are Truck Accident Claims Different From Car Accident Claims?
A commercial truck crash can involve several businesses and layers of insurance coverage. The driver may work for a motor carrier, operate as an independent contractor, haul cargo for another company, or drive a vehicle maintained by a separate provider.
Federal safety regulations can also become part of the investigation. Depending on the truck and operation involved, those regulations may address driving hours, vehicle maintenance, inspections, driver qualifications, and other safety requirements.
Our truck accident attorneys serving New Jersey examine the relationships between the driver, carrier, vehicle owner, contractors, and other parties instead of assuming one person caused the entire collision.
What Causes Commercial Truck Accidents?
Truck crashes can result from driver conduct, company practices, equipment failures, cargo problems, or a combination of factors.
Common causes include:
- Driver fatigue or excessive driving hours.
- Distracted driving.
- Speeding or following too closely.
- Unsafe lane changes or turns.
- Improperly loaded or secured cargo.
- Brake, tire, or steering failures.
- Inadequate vehicle inspection or maintenance.
- Unsafe hiring, training, or supervision practices.
- Driving while impaired.
Who Can Be Held Responsible for a Truck Crash?
The truck driver may be responsible for negligent driving, but liability can extend beyond the person behind the wheel.
Depending on the evidence, responsible parties may include:
The Truck Driver
Speeding, distraction, fatigue, impairment, or other unsafe conduct may support a negligence claim.
The Motor Carrier
A trucking company may face liability based on its own conduct or the conduct of people working on its behalf, depending on the circumstances.
Maintenance or Repair Providers
Poor repairs or inadequate maintenance can contribute to brake failures, tire blowouts, steering problems, and other dangerous equipment conditions.
Cargo Companies
Improper loading or securement can cause cargo to shift, fall from a vehicle, or affect how a truck handles.
Vehicle or Parts Manufacturers
A defective truck or component may create additional product-liability issues.
Our New Jersey personal injury lawyers investigate every reasonable source of responsibility and applicable insurance when representing clients.
Trucking Records That Can Help Us Build Your Claim
Commercial trucking operations can generate evidence that is not usually available after an ordinary passenger-car crash. Some records may show what happened in the hours, days, or weeks before the collision.
Evidence may include:
- Electronic logging device records.
- Driver records of duty status.
- Vehicle inspection and maintenance records.
- Driver qualification and training files.
- Electronic control module or vehicle data.
- Dash camera or surveillance footage.
- Dispatch and communication records.
- Bills of lading and cargo documents.
- Drug and alcohol testing records when applicable.
- Police reports and witness statements.
Electronic logging devices are used by many regulated drivers to record driving and duty status, although federal law recognizes several exceptions.
Early investigation can help identify records before they are lost through ordinary retention practices.
Compensation You Can Pursue After a New Jersey Truck Accident
The damages available depend on your injuries, insurance coverage, fault, and the financial effects of the collision.
A claim may seek compensation for:
- Medical treatment and rehabilitation.
- Future accident-related medical care.
- Lost wages.
- Reduced earning capacity.
- Property damage.
- Pain and suffering when recoverable under New Jersey law.
- Other documented losses caused by the collision.
Because New Jersey uses a no-fault automobile insurance system, PIP coverage and the applicable lawsuit threshold may affect portions of an injury claim. A New Jersey commercial truck accident lawyer can review the policies and circumstances before determining which damages may be pursued from each party.
Can You Recover Compensation If You Share Fault?
New Jersey follows modified comparative negligence. In a negligence action, you may generally recover when your percentage of negligence is not greater than the negligence attributed to the defendant or the combined negligence of the defendants from whom you seek recovery. Your award is reduced according to your percentage of responsibility.
Trucking companies and insurers may argue that you were speeding, following too closely, made an unsafe lane change, or otherwise contributed to the collision.
We compare those claims against the physical evidence, witness accounts, electronic records, vehicle damage, and other available proof.
What Should You Do After a New Jersey Truck Accident?
Your first priority should be obtaining medical care. Once your immediate health needs are addressed, preserving information about the crash can help protect your claim.
When possible:
- Call law enforcement and report the collision.
- Photograph the vehicles, road, debris, skid marks, and surrounding area.
- Record the truck’s company name, license plate, and identifying numbers.
- Get contact information from witnesses.
- Keep copies of medical and employment records.
- Save communications from insurers or trucking representatives.
- Avoid signing releases before you understand their effect.
- Speak with a New Jersey semi truck accident lawyer about preserving trucking records.
A trucking insurer may begin investigating quickly. You are not required to accept its account of the crash or an early settlement offer without reviewing your options.
Timing Requirements for New Jersey Truck Accident Lawsuits
New Jersey generally requires a lawsuit for personal injuries caused by a wrongful act or negligence to be filed within two years after the cause of action accrues.
Different procedures can apply if a state or local public entity or employee contributed to the collision. New Jersey’s Tort Claims Act generally requires notice of a qualifying claim against a public entity within 90 days after accrual, although procedures for seeking permission to file a late claim exist in certain circumstances.
Do not assume the standard deadline applies to every case. Reviewing your claim early also gives us more time to seek electronic data, trucking records, video, and witness testimony.
How Sweet James Builds Truck Accident Claims
Commercial carriers and their insurers may have investigators, attorneys, and claims professionals working on a collision soon after it happens. We work to make sure your side is supported by evidence as well.
Our team can investigate the crash, identify responsible parties, seek trucking records, review available insurance, document your damages, and handle negotiations with insurers. When settlement does not fairly resolve a claim, our experienced trial team is prepared to fight for you.
Speak With a New Jersey Truck Accident Attorney at Sweet James
A serious truck crash can affect your health, career, finances, and family for years. You should know what evidence is available, who may be responsible, and how New Jersey law applies before making decisions about your claim.
Contact Sweet James for a free consultation with a truck accident lawyer serving New Jersey and learn how we can help you pursue the compensation available under the law. Real Lawyers. Real Results.
