Sustained injuries in a truck accident in New Jersey? Whose fault was it, the trucking company’s or the truck driver’s? How can I recover the compensation for my losses? As soon as you start recovering from your injuries, it is common to have these questions circling your head.
By hiring a reputable truck accident attorney in NJ, you can stay relaxed, focus on your recovery, and get fair compensation for your injuries. However, before hiring one, here are a few complexities that you should be aware of.
Cause of Accident
Determining the cause of a truck accident is one of the most crucial steps in building a strong case. Truck accidents can happen for a variety of reasons some due to driver negligence, others because of poor maintenance, faulty equipment, or even hazardous road conditions. A lawyer begins by thoroughly investigating the root causes.
Common Causes of Truck Accidents:
- Driver Fatigue: Long hours on the road can lead to exhausted drivers who fall asleep behind the wheel or have slower reaction times.
- Distracted Driving: Truck drivers using phones, GPS systems, or eating while driving can easily become distracted.
- Speeding or Reckless Driving: Tight delivery schedules can pressure drivers into speeding or driving aggressively.
- Improper Loading: If cargo is not secured correctly or balanced, it can shift and cause rollovers or jackknife accidents.
- Mechanical Failures: Faulty brakes, worn tires, or engine problems can be the source of major accidents.
- Poor Weather Conditions: If rain, snow, or fog affect the weather, it can significantly increase the difficulty and risk of operating a heavy vehicle if the necessary precautions aren’t taken.
- Inadequate Driver Training: Inexperienced drivers may lack the necessary skills to respond to emergencies or comply with federal safety regulations.
Who Can Be Liable in a Truck Accident?
Truck accident cases are particularly complex because multiple parties can share responsibility. Unlike a standard car crash, it’s not always just the driver who’s liable. A lawyer can help identify all the entities that may be legally at fault.
Potential Liable Parties Include:
- Truck Driver: If the driver was speeding, intoxicated, fatigued, or distracted, they may be personally liable for the crash.
- Trucking Company: Employers may be held liable for their drivers’ actions under the doctrine of vicarious liability. Additionally, they may be directly liable for negligent hiring, poor training, or pushing drivers to violate safety regulations.
- Cargo Loaders: If the cargo was improperly loaded or secured and contributed to the accident, the third-party loading company may be liable.
- Truck or Parts Manufacturer: Defective vehicle parts, such as brakes, tires, or steering systems, could lead to product liability claims.
- Maintenance Providers: Companies or individuals responsible for inspecting and servicing the truck may be liable if a mechanical failure caused the accident.
- Other Drivers or Entities: Occasionally, another vehicle may have contributed to the crash, or a government entity may be responsible for unsafe road conditions or inadequate signage.
How a Lawyer Navigates Through a Truck Accident Case?
Navigating a truck accident case involves far more than filing a claim and waiting for a check. These cases require legal expertise, in-depth investigation, and strategic negotiation. Here’s how a truck accident attorney in NJ helps guide you through the process:
1. Initial Case Evaluation
Your attorney will begin by hearing your tale, examining any documents (medical records, police reports, photos) that are available, and assessing the validity of your claim. They will also provide you with counsel on your rights and what actions to pursue next.
2. Investigation and Evidence Gathering
The most significant function of your attorney is to carry out a proper investigation. They can:
- Seek driver logs, GPS data, and electronic logging devices (ELDs)
- Examine black box data (Event Data Recorder)
- Take eyewitness statements
- Contract accident reconstruction specialists
- Get surveillance footage or dashcam video
- Review trucking company records and federal compliance logs
- This evidence supports a strong case and proves liability.
3. Calculating Damages
Tractor-trailer accidents often result in high medical expenses, lost income, and rehabilitation costs. An attorney will identify the entire scope of your damages, which includes
- Medical costs (past and potential)
- Damage to property
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Disability or disfigurement
- Wrongful death damages (if relevant)
Calculating damages accurately guarantees you pursue reasonable compensation that accurately accounts for the effects of the accident on your life.
4. Dealing with Companies
Trucking companies and their insurers are usually backed by aggressive legal teams focused on minimizing payouts. Your attorney will handle all communication with insurers, protect you from saying anything that could hurt your case, and push back against lowball settlement offers. If necessary, they will bring in expert witnesses to support your claim.
5. Negotiating a Settlement
A majority of truck accident cases are settled without involving the court. Your lawyer will speak with the responsible parties to negotiate a settlement that is right for you. They know how adjusters work and will put in great effort to ensure your losses and serious injuries are considered.
6. Taking the Case to Trial
If a fair settlement cannot be reached, your attorney will be fully prepared to take your case to trial. They will present the evidence, question witnesses, and argue your case before a judge or jury. Having a lawyer with litigation experience ensures you’re ready for every outcome.
Conclusion
A truck accident can change the lives of everyone involved. It creates major stress for families, damages their health, and costs a lot of money. For this reason, it is helpful to have a respected truck accident attorney in New Jersey to assist you after the accident. Your attorney is there to investigate the accident, identify who is responsible, talk with companies, and represent you in court. So, if you or your loved one is involved in a truck accident, seek immediate legal help to protect your rights.
