Steps to Take After a Delivery Truck Hits You in Trenton
Being struck by a delivery truck as a pedestrian in Trenton can leave you dealing with serious injuries, mounting medical bills, and confusion about your legal options. New Jersey law provides specific protections for pedestrians injured by commercial vehicles, but understanding those protections and acting quickly can significantly impact your claim’s outcome. Whether the truck belonged to a major retailer or local courier service, you have rights under state law that may entitle you to compensation. Knowing what to do immediately and in the following weeks can help preserve your pedestrian injury claim in New Jersey.
If you were injured in a delivery truck accident in Trenton NJ, The Law Offices of Greg Prosmushkin can help you understand your options. Call (609) 656-0909 or reach out online to discuss your case.
Why Delivery Truck Pedestrian Crashes Are So Dangerous in Trenton
Delivery trucks present unique hazards that standard passenger vehicles do not, and Trenton’s busy urban streets amplify those risks. The Federal Motor Carrier Safety Administration (FMCSA) warns that large trucks and buses need up to two football fields to safely stop. This extended stopping distance means a driver who fails to notice a pedestrian may be unable to avoid collision, even at moderate speeds. Trenton’s mix of residential neighborhoods, commercial corridors, and government buildings creates heavy foot traffic where delivery vehicles frequently operate.
Blind spots are another critical factor in commercial vehicle pedestrian crashes in NJ. The FMCSA advises drivers to check mirrors every eight to ten seconds to stay aware of vehicles and pedestrians entering blind spots. When drivers skip this step, pedestrians near the truck become invisible. Additionally, trucks need extra space for wide turns. A delivery driver executing a right turn at a Trenton intersection may swing wide into a crosswalk, striking a pedestrian who had every right to be there.
💡 Pro Tip: If you notice a delivery truck preparing to turn at an intersection, give it extra space. Truck drivers often cannot see pedestrians standing near the front or side of their vehicles during wide turns.
How New Jersey’s PIP System Protects Pedestrians
New Jersey operates under a no-fault insurance framework that provides important benefits to injured pedestrians, even those without their own auto insurance. Under N.J.S.A. § 39:6A-4, every standard automobile liability insurance policy must include personal injury protection (PIP) coverage, which extends to the named insured and household family members injured as pedestrians by an automobile. If you are hit by a private passenger automobile in Trenton and carry your own auto insurance, your policy generally serves as the primary source of PIP benefits to cover initial medical costs regardless of fault. However, if you are struck by a commercial delivery truck, typically classified under the statute as a different type of motor vehicle, PIP benefits are generally provided by the insurance carrier for the striking vehicle, even if you have your own auto policy.
For pedestrians without auto insurance, New Jersey law offers an additional safety net. Under N.J.S.A. § 39:6-86.7, the Unsatisfied Claim and Judgment Fund provides personal injury protection benefits to pedestrians sustaining bodily injury in New Jersey caused by an automobile. However, this provision excludes named insureds and family members residing in the named insured’s household who are entitled to PIP coverage under an existing policy.
💡 Pro Tip: Even if you do not own a car or carry auto insurance, you may still qualify for PIP benefits through the Unsatisfied Claim and Judgment Fund. An attorney can help determine which coverage source applies to your situation.
Understanding the Tort Threshold for Lawsuits
Accessing PIP benefits is only one piece of the puzzle. To pursue a lawsuit for pain and suffering or other noneconomic damages after a Trenton commercial auto accident, New Jersey’s verbal threshold under N.J.S.A. § 39:6A-8 may limit your right to sue. This statute applies to policyholders who elected the "limitation on lawsuit" option, as well as those carrying basic or special auto insurance policies. If the verbal threshold applies, you may only recover noneconomic damages if your injury meets specific severity criteria: death, dismemberment, significant disfigurement or significant scarring, displaced fractures, loss of a fetus, or a permanent injury that has not healed to function normally. Policyholders who elected the "no limitation on lawsuit" option are not subject to this restriction.
Filing Deadlines That Could Affect Your Trenton Claim
Missing a statutory deadline can permanently bar your right to recover compensation, so understanding the timeline is critical. Under N.J.S.A. § 39:6A-13.1, actions for medical expense benefits must be commenced not later than two years after the injured person suffers a loss, or not later than four years after the accident, whichever is earlier. Separately, under N.J.S.A. § 2A:14-2, personal injury lawsuits against an at-fault party must generally be filed within two years of the accident date.
| Deadline Type | Time Limit | Governing Statute |
|---|---|---|
| Personal injury tort claim | 2 years from accident | N.J.S.A. § 2A:14-2 |
| PIP medical expense benefits action | 2 years from loss OR 4 years from accident (whichever is earlier) | N.J.S.A. § 39:6A-13.1 |
| Verbal threshold for noneconomic damage lawsuits | Injury must meet severity criteria (applies to limitation on lawsuit policyholders) | N.J.S.A. § 39:6A-8 |
| Comparative negligence reduction | Damages reduced by claimant’s fault percentage | N.J.S.A. § 2A:15-5.2 |
💡 Pro Tip: Do not assume you have plenty of time to act. The two-year window runs from when you suffer the loss, not necessarily when you realize the full extent of your injuries. Consulting a commercial auto accident lawyer in Trenton early helps protect your rights.
How Insurance Companies Investigate Commercial Auto Accident Cases
After a pedestrian is hit by a delivery truck in Trenton, insurance companies launch investigations to determine fault and liability. According to the New Jersey Department of Banking and Insurance, documentation that insurers may consider includes the police report, driver and witness statements, applicable motor vehicle laws, and a scene investigation showing the roadway design and configuration where the collision occurred.
What Happens If the Insurer Assigns You Partial Fault
New Jersey follows a modified comparative negligence standard under N.J.S.A. § 2A:15-5.2, which means your compensation may be reduced or barred depending on your share of fault. You may recover damages only if your fault percentage does not exceed that of the party from whom you seek recovery. If your fault is 51% or greater, you are barred from recovering damages. The amount of damages is reduced by your fault percentage. For example, if you are found 20% responsible, your total recovery would be reduced by 20%.
If you disagree with the negligence percentage assigned by the insurer, you have options. You can request an internal appeal with the insurance company. A commercial vehicle crash lawyer in Trenton can review the evidence and challenge an unfair fault determination on your behalf.
Preserving Evidence After the Crash
The strength of your claim depends heavily on evidence gathered in the hours and days following the accident. Key steps include:
- Calling 911 and obtaining a copy of the police report
- Photographing the scene, your injuries, and the delivery truck (including company logos and license plates)
- Collecting contact information from any witnesses
- Seeking immediate medical attention and keeping all treatment records
- Documenting the truck driver’s employer and delivery company markings
💡 Pro Tip: Write down everything you remember about the crash as soon as possible. Details like the truck’s direction of travel, whether it was making a turn, and the status of traffic signals can become critical evidence later.
New Jersey’s Push for Better Crash Investigations
New Jersey lawmakers have recognized that crash investigation standards need improvement, particularly for serious accidents involving commercial vehicles. New Jersey Senate Bill S1500 (2022 session, carried over as S2574 in 2026) proposed a Uniform Crash Investigation Protocol Task Force to standardize how law enforcement investigates motor vehicle crashes involving fatalities or serious injuries. The bill identifies key crash investigation triggers including hit and run, distracted driving, excessive speed, alcohol, and drugs. For injured pedestrians, standardized investigations could mean more reliable evidence and more consistent accountability.
💡 Pro Tip: If law enforcement does not respond to the scene or declines to file a report, you can file your own report with the local Trenton police department. A police report is not required to pursue a claim, but it strengthens your case significantly.
Frequently Asked Questions
1. Can I file a claim if I was partially at fault for the pedestrian accident?
Yes, in many cases you can. Under New Jersey’s modified comparative negligence law, N.J.S.A. § 2A:15-5.2, you may recover damages as long as your fault does not exceed the other party’s fault. If you are 51% or more at fault, you are barred from recovery. Your compensation will be reduced by your percentage of responsibility.
2. What if the delivery truck driver was an independent contractor?
Liability in commercial vehicle cases can extend beyond the driver. Depending on the relationship between the driver and the company, the delivery company or fleet owner may bear responsibility through vicarious liability. The employment arrangement matters significantly.
3. How long do I have to file a claim for PIP benefits after a Trenton truck accident?
Under N.J.S.A. § 39:6A-13.1, you must file not later than two years after you suffer a loss or four years after the accident, whichever deadline comes first. A separate two-year statute of limitations under N.J.S.A. § 2A:14-2 applies to personal injury lawsuits against at-fault parties.
4. What if I do not have auto insurance and I was hit as a pedestrian?
You may still be eligible for PIP benefits. Under N.J.S.A. § 39:6-86.7, the Unsatisfied Claim and Judgment Fund provides PIP benefits to pedestrians injured by automobiles in New Jersey, provided the pedestrian is not a named insured or household family member entitled to PIP coverage under an existing policy.
5. What types of damages can I recover after being hit by a delivery truck?
You may be entitled to both economic and noneconomic damages. Economic damages include medical expenses, lost wages, and rehabilitation costs. Noneconomic damages, such as pain and suffering, may be available if your injuries meet the verbal threshold under N.J.S.A. § 39:6A-8, which requires conditions like death, dismemberment, permanent injury, displaced fractures, significant disfigurement or scarring, or loss of a fetus. If you elected the "no limitation on lawsuit" option on your policy, the verbal threshold does not apply.
Protecting Your Rights After a Trenton Pedestrian Accident
A collision with a delivery truck can change your life in an instant, but New Jersey law provides meaningful avenues for injured pedestrians to seek compensation. From PIP benefits to comparative negligence claims, understanding your rights under state statutes is essential to building a strong case.
If you or a loved one was injured in a New Jersey delivery vehicle accident, The Law Offices of Greg Prosmushkin is ready to help you pursue the compensation you deserve. Call (609) 656-0909 or contact us today to schedule a consultation.
