If you have been involved in a truck accident in New Jersey, you might find yourself struggling with increased medical costs, lost wages, and the process of dealing with insurance companies. Because of their sheer size and weight, truck accidents often cause severe injuries, needing serious medical attention.
Our experienced New Jersey truck accident lawyers at The Law Offices of Greg Prosmushkin, P.C. dedicate themselves to protecting your legal rights and helping you pursue the compensation you rightfully deserve.
How Can New Jersey 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
Don’t face the challenges of a truck accident case on your own. Our experienced Jersey City truck accident lawyer will assist you from the onset of your case to evaluating your injury, filing a claim, and going to trial if necessary.
Contact The Law Offices of Greg Prosmukhin P.C. today at 609-656-0909 for a free consultation, and let us fight for your legal rights and secure the compensation you need to rebuild your life.