New Jersey Truck Accident Attorney

Truck accidents on New Jersey’s highways are fundamentally different from ordinary car crashes. Fully loaded tractor‑trailers can weigh up to 80,000 pounds, and when they collide with passenger vehicles on roads like the New Jersey Turnpike, Garden State Parkway, Route 80, Route 78, Route 287, Route 1, or Route 9, the result is often catastrophic or fatal. Victims and families are left navigating ICU stays, long‑term disability, and complicated insurance and liability issues involving multiple companies and policies.

The Law Offices of Greg Prosmushkin, P.C. represents people hurt in New Jersey truck accidents and the families of those killed in these crashes. The firm offers free consultations and works on a contingency fee basis—there is no attorney fee unless compensation is recovered.

Why Truck Accident Cases Are More Complex Than Car Crashes

Commercial truck crashes almost always involve more layers than a typical car accident. Instead of one driver and one insurer, a truck claim may involve:

A driver
A trucking company (carrier)
A broker or shipper
A maintenance contractor
A trailer owner
Multiple insurance carriers

Truck operations are governed not only by New Jersey law but also by federal safety rules that apply to commercial vehicles, including regulations on driver hours‑of‑service, vehicle maintenance, inspection, and load securement. When those rules are violated and a crash occurs, it can be powerful evidence of negligence.

Because of the higher policy limits usually carried on commercial trucks, the insurance defense strategy is typically aggressive from day one. Carriers often send rapid‑response teams to the crash scene to begin building a defense before victims are discharged from the hospital.

Common Causes of Truck Accidents in New Jersey

Many New Jersey truck crashes can be traced to preventable safety failures, such as:

Driver fatigue: Violations of hours‑of‑service limits, falling asleep at the wheel, or micro‑sleeps due to pressure to meet delivery schedules.
Speeding and aggressive driving: Trucks following too closely, speeding to make tight deadlines, or failing to adjust speed for traffic and weather.
Distracted driving: Use of phones, dispatch devices, or onboard electronics while operating the truck.
Impaired driving: Alcohol or drug use, as well as impairment from certain prescription medications.
Improper loading or securement: Overloaded trailers, uneven loads, or unsecured cargo that shifts or spills.
Poor vehicle maintenance: Worn brakes, bald tires, defective lights, or other mechanical problems that should have been caught during inspections.
Inadequate training or supervision: Drivers not properly trained in defensive driving, backing, lane changes, and emergency maneuvers.

Identifying the specific causes of a particular crash is essential for determining who is legally responsible and what safety rules were broken.

Types of New Jersey Truck Accident Cases

A comprehensive New Jersey truck accident practice will typically handle:

Rear‑end collisions
Jackknife crashes
Underride and override crashes
Rollover accidents
Wide‑turn and squeeze‑play accidents
Lane‑change and sideswipe impacts
Crashes involving tankers, flatbeds, box trucks, and delivery vehicles
Crashes involving construction trucks and dump trucks
Crashes involving hazardous or oversize loads

Each scenario raises different questions about stopping distance, visibility, blind spots, stopping procedures, and the physics of heavy vehicles in motion.

Typical Injuries in Truck Accidents

Because of the forces involved, injuries in truck crashes are often severe, life‑altering, or fatal. Common injuries include:

Traumatic brain injuries (TBI), concussions, and brain bleeds
Spinal cord injuries, including paralysis (paraplegia or quadriplegia)
Fractures (including complex, multiple, and open fractures)
Crush injuries and amputations
Internal organ damage and internal bleeding
Severe burns from post‑crash fires or explosions
Disfigurement and permanent scarring
Psychological trauma, including PTSD, depression, and anxiety

These injuries often require surgery, extended hospitalization, in‑patient rehabilitation, home modifications, assistive devices, and long‑term therapy. A serious truck accident case must address both current and future medical and care needs.

Federal and State Regulations That May Apply

Commercial motor carriers and their drivers are subject to detailed federal and state regulations that can be crucial in a New Jersey truck accident case, including:

Hours‑of‑service rules limiting how long drivers can operate without rest.
Requirements for logbooks or electronic logging devices (ELDs) to track driving time.
Vehicle inspection and maintenance rules requiring regular inspections and documentation.
Drug and alcohol testing requirements, including pre‑employment, random, and post‑accident testing.
Cargo securement rules covering tie‑downs, blocking, and bracing for different cargo types.
Driver qualification standards, including background checks, medical fitness, and CDL requirements.

Violations of these rules can help establish negligence or even “negligence per se” in some circumstances, and they often reveal broader safety failures at the company level.

Determining Who Is Liable After a New Jersey Truck Crash

Potentially responsible parties in a truck accident can include:

The truck driver (for negligent driving, distraction, impairment, or rule violations)
The trucking company (for negligent hiring, training, supervision, dispatching, or maintenance)
A broker or shipper (for unsafe scheduling or loading)
A maintenance contractor or repair shop (for poor repairs or skipped maintenance)
A parts or vehicle manufacturer (for defective components or design)
A loading facility (for improperly secured or overloaded cargo)
In some cases, a bar or restaurant (under dram‑shop or social host principles in an alcohol‑related crash, depending on the facts and applicable law)

A thorough investigation aims to identify every legally responsible party and every available insurance policy.

Evidence in New Jersey Truck Accident Cases

Truck crash cases are evidence‑intensive. Important evidence can include:

Police crash reports and photographs
911 call recordings
Dash camera and surveillance video
Electronic control module (ECM) or “black box” data
ELD data and driver logs
Bills of lading, shipping invoices, and dispatch records
Pre‑ and post‑trip inspection reports
Maintenance and repair records
Driver qualification files (training, driving record, medical certifications)
Drug and alcohol test results
Witness statements and expert reports (accident reconstruction, trucking safety, medical, and economic experts)

Much of this evidence can be lost or overwritten quickly, so early legal intervention is critical to preserve it.

New Jersey Comparative Negligence and Truck Accidents

New Jersey uses a modified comparative negligence standard, meaning that an injured person can recover damages as long as they are not more than 50% at fault for the crash; if they are found more than 50% at fault, they cannot recover. If responsibility is shared, the damages may be reduced by the injured person’s percentage of fault.

In truck cases, carriers and their insurers often try to shift blame by claiming that:

The car cut off the truck.
The driver “stopped short.”
The weather was to blame.
The injured person was speeding or not paying attention.

A careful reconstruction of the crash, supported by objective evidence, counters these arguments and protects the value of the claim.

Damages Available in a New Jersey Truck Accident Case

A well‑developed truck accident claim can seek compensation for a wide range of losses, including:

Medical expenses (past and future)
Rehabilitation and therapy
Home health care and attendant care
Lost wages and loss of earning capacity
Property damage and vehicle replacement
Home or vehicle modifications (ramps, lifts, accessible bathrooms)
Out‑of‑pocket costs (medications, supplies, transportation)
Pain and suffering
Emotional distress and loss of enjoyment of life
Loss of consortium for spouses in appropriate cases
Wrongful death and survival damages in fatal crash cases

The value of a truck case often depends on the severity of the injuries, the permanence of disability, the strength of fault evidence, and the amount of available insurance and corporate assets.

What to Do After a New Jersey Truck Accident

If you or a loved one is involved in a crash with a tractor‑trailer or other commercial truck:

Call 911 and request police and EMS.
Get medical care immediately, even if you are unsure how badly you are hurt.
If you can do so safely, document the scene with photos or video of:
- Vehicle positions
- Damage
- Skid marks and debris
- Road and weather conditions
- Company names and USDOT numbers on the truck and trailer
Identify witnesses and obtain names and contact information.
Do not discuss fault or speculate about the cause with the driver or anyone from the trucking company.
Avoid giving recorded statements to any insurance carrier before speaking with a lawyer.
Contact a New Jersey truck accident lawyer as soon as possible to protect your rights and preserve critical evidence.

How The Law Offices of Greg Prosmushkin, P.C. Approaches Truck Cases

Truck accident litigation demands detailed knowledge of both the law and the trucking industry. An effective approach typically includes:

Rapid investigation and evidence preservation.
Comprehensive review of federal and state safety regulations.
Coordination with accident reconstructionists and trucking safety experts.
Thorough documentation of medical injuries and future needs.
Careful calculation of economic losses over a lifetime.
Preparation of the case as if it will go to trial, even while negotiating.

Victims and families deserve clear communication, honest case evaluations, and a firm that is fully prepared to go the distance if the trucking company refuses to do the right thing.

How Can Jersey City Truck Accident Lawyers Help You?

Generally, truck accident cases come with some specific issues, including federal regulations on trucks, multiple parties involved, etc. Our lawyers will take the following steps to handle your case:

Investigate the Accident and Identify Liable Parties: Your lawyer will gather comprehensive information about the accident to identify liable parties: truck drivers, truck companies, or manufacturers. Our attorneys will review police reports and accident scene evidence. They will examine black box data, driver logs, and maintenance records. During the final stage of the investigation, they will consult accident reconstruction experts in order to establish how the collision happened.
Communicate with Insurance Companies: Your attorney will work with your insurance company. First, they will file your claim and make sure all documentation is accurate and submitted within the deadlines. Then, they will present evidence in the form of medical bills, lost wages, property damage, and non-economic damages. Finally, your personal injury lawyer will counter the insurance company’s attempts to minimize the payout.
Handle Federal Regulations: The trucking industry is governed by complex deferral regulations such as FMCSA – Federal Motor Carrier Safety Administration. Our lawyers have years of experience in these regulations and can build strong cases using them. They could easily prove negligence when violations of federal rules occur.
Calculate the Damages: Your lawyer will calculate both the economic and non-economic damages you have experienced due to the accident. These extensive damages include current and future medical bills, lost wages, pain and suffering, emotional distress, and loss of enjoyment of life. Our attorneys may also pursue punitive damages in cases of gross negligence.
Represent You in Court: Your New Jersey truck accident attorney will be prepared to represent you in court if a fair settlement cannot be reached through negotiations with insurance companies. Taking your case to court involves filing a personal injury lawsuit and presenting a case using expert testimony, accident reconstruction evidence, and detailed documentation of your economic and non-economic damages.

Common Types Of Truck Accidents In New Jersey

Truck accidents happen in several ways, but the end result is usually of the same significance. Common types of truck accidents in New Jersey include:

Rear-end collisions: because trucks require longer stopping distances, rear-end collisions are more likely to occur in heavy traffic density or adverse weather.
Jackknife accidents: this type of truck accident happens when the trailer gets detached and forms an angle with the cab, leading to multiple vehicle crashes.
Rollover accidents: occur when a truck tips over due to high speed, sharp turns, or uneven cargo loads.
Underride accidents: smaller cars get trapped under the trailer, most of the time leading to catastrophic injuries.
Hazardous cargo spills: flammable or toxic material accidents can cause additional injuries to other drivers and the environment.

What are the Causes of Truck Accidents in New Jersey?

Truck accidents in New Jersey are often caused by preventable factors, such as:

Driver fatigue: Long hours on the road can negatively affect a driver’s response time and the ability to make quick decisions.
Distracted driving: drivers using phone or GPS systems or are involved in other distracting activities pose a danger to others and themselves.
Speeding trucks: excessive speed reduces a truck’s ability to stop or maneuver safely.
Improper maintenance: Faulty brakes, worn tires, and other maintenance issues create a high likelihood of accidents.
Hazardous weather conditions: rain, snow or fog reduces the ability of trucks to stop or maneuver safely.

What Should I Do Immediately After a Truck Accident?

Safety comes first; consult a doctor

If possible, get out of the car and stand in a safe location, out of harm’s way from other vehicles. Activate the hazards to inform other drivers. Call 911 and ask for medical help. The severity of your injuries may appear insignificant but consult a doctor as soon as possible because some injuries may only present themselves later on.

Contact the police

Having a police report is essential for documenting the details of the accident. Provide officers with accurate information, but avoid admitting fault or speculating about what happened.

Gather evidence at the scene

Collect as much information as possible, including:

Photos and videos of the vehicles, the license plates, the road conditions, and injuries.
The names of all the parties involved, their contact and their insurance details.
Any contact information of witnesses to the incident.

Consult a Truck Accident Attorney

Truck accident cases are generally more complicated than regular car accident cases because of the commercial vehicles, the trucking companies, and the federal laws involved. An experienced attorney can help you:

Navigate the legal process.
Black box data, samples of maintenance records, or other documents
Determine fault and negotiate with insurance companies

Do not Talk to the Truck Driver’s Insurance Company

Insurance adjusters may attempt to trick you into giving a statement or accepting a small settlement or payout. Instead, refer all communication to your attorney.

Notify Your Insurance Company

Report the accident to your insurance provider as soon as possible while avoiding discussions about the incident in detail.

Document everything

Maintain records of your physician’s note, doctor visits, or treatments, and costs of fixing your car, lost wages, etc.

Who is Liable for My Truck Accident Injuries in Jersey City?

When it comes to truck accidents, determining fault is a complex process since the accident may involve multiple parties. Although each case is unique, here are the key parties who may be held liable for your injuries:

The Truck Driver

Truck drivers can be responsible for the accident because they may be distracted, speeding, driving under the influence or violating federal laws. If the driver’s behavior was the cause of the accident, the driver could be liable.

The Trucking Company

If they fail to enforce safety measures such as vehicle inspection and driver training, truck companies can be held responsible for the accident. Additionally, if the company rented a vehicle to an unqualified or negligent driver, it can be considered liable.

The Truck Manufacturer

If the cause of the accident was a malfunction, such as a brake failure or a wrong steering system, the truck manufacturer or the parts supplier can be considered liable under product liability laws.

Cargo Loaders

Inadequate measures of loading or securing cargo can cause imbalance and possible rollover. In these cases, either the loading company or the individuals ensuring the security of the cargo may be held responsible for the accident.

Third Parties

Other drivers, road maintenance crews, or government agencies charged with the responsibility of ensuring road safety may also contribute to the accident. For instance, potholes on the road, malfunctioning traffic lights, or construction sites not appropriately marked, can contribute to truck accidents.

New Jersey operates under the comparative negligence rule, which indicates the degree of fault each individual involved in an accident contributes to the cause of the accident. Your ability to recover damages in an accident depends on how much fault you share for causing it. If your level of fault is greater than the other party’s, you cannot recover damages. Although the rule of shared liability ensures that damages are distributed fairly, it also means that insurance companies may try to assign you a higher percentage of fault to minimize their payout. This is why legal representation is important to protect your interests and ensure that fault is assigned fairly.

What Types of Damages Can I Recover From a Truck Accident Claim?

If you’ve been injured in a truck accident, you may be entitled to two types of compensation:

Economic damages: these damages aim to reimburse you for measurable financial losses and can include:

medical expenses such as emergency room visits, surgeries, hospital stays, follow-up appointments, prescriptions, ongoing treatment, and future medical costs
lost wages that include compensation for reduced earning capacity if your injuries prevent you from returning to your previous job or limit your ability to work
rehabilitation costs such as physical therapy, occupational therapy, and other rehabilitative services
property damage, covering repair or replacement of your vehicle and any personal belongings damaged in the collision
other expenses such as transportation costs, in-home care services, etc.

Non-economic damages: these damages are awarded for losses that cannot be easily quantified and can include:

pain and suffering damages that cover immediate and long-term physical pain and discomfort caused by your injuries;
compensation for emotional distress, covering the psychological effects of the accident, including anxiety, depression, and PTSD
loss of enjoyment of life, compensating the inability to participate in hobbies, activities, or everyday pleasures

You may also seek punitive damages in cases involving gross negligence in cases to hold the at-fault party accountable and ensure it doesn’t reoccur in the future.

How Long Do I Have to File a Truck Accident Claim in New Jersey?

The time bar to filing a truck accident claim is two years in New Jersey. This means that if you’re looking to pursue compensation, you generally have exactly two years from the accident to file a claim.

However, there are exceptions, for instance, cases involving wrongful death or government entities. Hiring a New Jersey truck accident lawyer as soon as possible means that all requirements and deadlines are met to the letter and your case is handled professionally.

Contact Our New Jersey Truck Accident Attorney Today

If you or someone you love was injured in a truck accident in New Jersey, you do not have to take on a trucking company or its insurers alone. The sooner an experienced truck accident lawyer is involved, the better your chances of securing and preserving the evidence needed to prove what really happened.

Contact The Law Offices of Greg Prosmushkin, P.C. for a free, confidential consultation about your New Jersey truck accident case. There is no attorney fee unless the firm recovers compensation for you.