Whether you are traveling on one of New Jersey’s major interstates or are traveling more locally, you are likely to encounter large, commercial trucks transporting cargo to various destinations. If a truck accident occurs, it can affect your whole life in a matter of minutes. To navigate the aftermath of the accident and pursue a claim to offset your losses, New Jersey truck accident lawyers can help you handle the logistics of your case while you focus on recovering.
Morris, Downing & Sherred, LLP has been serving and fighting for clients for more than 125 years, and is skilled at getting results when our clients need them most. We know the kind of devastation a truck accident can cause, and a New Jersey personal injury lawyer from our team comes alongside you to provide compassionate support and advocacy. We provide high-quality services that remain focused on you so we can secure a favorable outcome for you.
Trucking Accident Law Firms Explain the Factors Involved in a Truck Accident
There are many ways that truck accidents are different from car accidents. Most notably, trucks are significantly larger and weigh more than passenger vehicles, which also makes it harder for them to stop and avoid potential road dangers. Trucking operations are also heavily regulated by Federal Motor Carrier Safety Administration (FMCSA) regulations, which outline, oversee, and enforce federal laws regarding commercial transportation operations and safety standards.
A tractor trailer accident law firm often carefully evaluates trucking accidents to see if regulations were violated. This can help strengthen your case for recovering losses and allows us to hold parties accountable for violations. Trucking personnel can face fines and penalties for failing to follow federal and state laws.
Truck accidents can also be caused by a variety of other factors. Speeding, aggressive driving, distractions, driver fatigue, alcohol or drug impairment, mechanical issues, and so much more. Determining what caused the accident is not always easy and requires swift action by truck accident law firms to preserve evidence. Determining the cause of an accident can also point to who may be at fault.
Truck Accident Injuries are Generally More Severe than Car Accidents
The size and weight disparities between trucks and passenger vehicles make motorists particularly vulnerable to severe injuries when an accident occurs. Smaller vehicles have less to absorb the impact and buffer them from injury-inducing damage. This means that truck collisions often cause considerably more damage than a crash between two passenger vehicles. Some common truck accident injuries that drivers may suffer, and a truck accident attorney can help with, may include:
- Traumatic brain injuries
- Neck injuries and whiplash
- Spine injuries
- Internal bleeding and damage to organs
- Broken bones
- Soft tissue injuries
- Nerve damage
- Burn injuries
- Loss of limb and amputation
- Chronic pain
- Disabilities and disfigurement
- Fatal injuries
Because of the severity of these accidents, getting medical attention right away is a necessity. Doctors can provide emergency treatment and run tests to see if you suffered additional injuries that are not readily apparent. Injuries from a truck may require extensive care, longer recovery times, and even ongoing management of your condition. Closely following medical advice and keeping thorough records of your medical care and expenses is important for your health and truck accident claim.
A Tractor Trailer Accident Attorney Helps Identify Liable Parties in a Collision
Unlike car accidents, multiple parties could be at fault for causing a truck accident. Semi-truck accident attorneys conduct thorough investigations to determine who is at fault so any potential claim you file is against the correct party. Since there is a greater number of parties who could be at fault, it is important to understand the role each one plays.
Truck Drivers
Truck drivers are a common party that trucking accident attorneys can pursue a claim against. Drivers have direct control over their environment and vehicle operations. When they fail to remain alert, drive cautiously, check their blind spots, and more, they can cause an accident.
Truck Companies
Truck companies are responsible for vetting and training their drivers, ensuring that federal and state regulations are upheld, and that their fleet is kept in proper shape. They can also be held vicariously liable for their driver’s actions when they are carrying out their job duties. Skilled 18 wheeler accident lawyers can help you stand up to these companies.
Maintenance Crews
Semi-truck accident lawyers can hold mechanics and maintenance technicians at fault if they failed to fix mechanical issues they knew or should have known about. If they were careless about maintenance, repairs, software updates, and inspections, they could also be liable for crashes.
Cargo Loaders
Truck cargo must be loaded properly, balanced across the axles, and secured. Trucking accident lawyers can help you hold cargo loaders accountable if an accident was caused by shifting cargo that caused a driver to lose control of the vehicle.
Manufacturers
Tractor trailer accident law firms can even hold manufacturers accountable if they issued defective trucks or parts. Design or production flaws can cause serious mechanical problems that can endanger others.
A Semi-Truck Accident Attorney Helps You Determine Your Options for Recovering Your Losses After a Collision
Since New Jersey is a no-fault state, you will likely begin by filing a claim under the personal injury protection (PIP) policy you are required to have. When you file a no-fault claim, you can pursue a claim through your own insurance company and recover compensation without having to show that another party was at fault. While this often results in a faster recovery, the losses that are compensated are very limited.
However, this coverage may not be enough to cover the losses suffered in a truck accident. Since truck crashes are more severe and result in more extensive losses, you may need to pursue additional options for recovering the value of your losses. Depending on your insurance coverage and circumstances, you may be able to pursue truck accident claims against the truck driver or the truck company’s insurance company, or be able to sue them directly.
If you pursue a third-party claim or personal injury lawsuit, you will have to establish the correct party’s fault before you can recover your losses. This means that you will need to gather evidence and build a case that shows that the other party owed you a duty of care, breached their duty to you, and caused an accident that resulted in extensive damages and losses. Once the at-fault party is deemed liable, they must pay you for the losses you suffered due to their actions.
It’s important to talk to truck accident attorneys to understand what options are available to you in your specific situation. These cases are complex, and navigating insurance requirements can make this process more complicated. The lawyers handling your case can also ensure that you take the correct steps and that you have a strategy tailored to the needs of your case.
An 18 Wheeler Accident Attorney Prepares You for What to Expect if You Share Fault for the Accident
Fault can be shared between multiple parties, and if you are found partially at fault, it is important to consult a truck accident law firm to understand what to expect. Per New Jersey Revised Statutes 2A:15-5.2, each party receives a fault percentage that shows how much they contributed to the accident. Fault percentages of 50% or less result in compensation reduced by that percentage, while fault percentages that are 51% or above result in no recovery.
Tractor trailer accident lawyers can help optimize your case to ensure your liability is minimized so you can recover as much as possible. Our team can also make sure that you have not assumed fault that was not yours.
Damages an 18 Wheeler Accident Law Firm May be Able to Recover After a Truck Accident in New Jersey
The losses you can recover through truck accident compensation depend on the type of claim you’re filing. That is why it’s important to consult tractor trailer accident attorneys. They can begin by helping you determine what type of claim(s) you are eligible to pursue, and then build a strong case to help you get the maximum amount of compensation you are allowed to receive under the law.
Every case is unique and requires a careful assessment of your losses, how severe and extensive they are, what policy limits may restrict your recovery, how potential fault contribution may impact your recovery, and so on. A truck accident lawyer can work with reconstructionists and talk to medical professionals to understand the full scope of your losses and future needs, so they can determine how to proceed and what to request. Depending on your claim type, you may be able to recover the following:
- A variety of medical and rehabilitation costs
- Future care costs
- Lost wages and/or earning capacity
- Property damage expenses
- Funeral and burial expenses
- Pain and suffering
- Emotional distress
- Disfigurement and disability
- Lost quality of life
- Loss of consortium
Navigating the settlement process in a trucking accident can take time and skilled navigation. Insurance and trucking companies often push back on paying you what you are entitled to receive. They may resist taking responsibility and try to blame you instead. However, 18 wheeler accident law firms can fight back and submit a demand letter that outlines your losses and financial request. They negotiate for you so you can receive a settlement that is reflective of your losses.
Talk to a Semi-Truck Accident Law Firm About the Statutes of Limitations for Recovering Losses Through a Claim
To recover the losses you suffered in a New Jersey truck accident, you must file your claim before the statute of limitations expires. According to New Jersey Revised Statute 2A:14-2, you must take action within two years of when the accident occurred or else be barred from recovering your losses. This ensures that cases are handled in a timely manner while evidence and memories are still fresh and reliable.
Semi-truck accident law firms can discuss how much time you have left to file a claim when you schedule an initial consultation. They can also walk you through how the remaining time for action impacts your case, strategies, and outcome.
How a Tractor Trailer Accident Lawyer Can Help
An 18 wheeler accident lawyer from Morris, Downing & Sherred, LLP can help you effectively navigate the intricacies of these cases and get favorable results. In addition to working diligently to determine who is at fault and provide aggressive representation, we also act quickly to ensure evidence is not destroyed after a truck accident. Black box data, hours-of-service (HOS) logs, inspection and maintenance records, and more must be preserved to determine fault and support your claim.
One of the ways we do this is by submitting a spoliation letter to trucking companies demanding that they not destroy, overwrite, or damage evidence that can be used to determine what occurred. This helps us as we investigate the accident and build a strong case. Additionally, a semi-truck accident lawyer helps you prepare your claim and fights for you from beginning to end.
Morris, Downing & Sherred, LLP Works on Contingency to Make Our Services Accessible After a Truck Crash
Our trucking accident law firm ensures you have access to legal representation after a truck accident by working on a contingency basis. This means that you do not pay out of pocket to secure our services. We only collect fees from a settlement or court verdict if we win your case. This payment model allows you to hire a trucking accident lawyer without having to worry about the cost, and ensures you and your lawyer are on the same page and share a common goal.
Consult a Trucking Accident Attorney from Morris, Downing & Sherred, LLP Today
Morris, Downing & Sherred, LLP is committed to you and securing results when you have been the victim of a truck accident. Our 18 wheeler accident attorneys fiercely fight for you and skillfully navigate the challenges that come with these cases. You can expect personalized service that prioritizes your needs and protects your rights. To talk with our team about your options, contact us today and schedule a free consultation.
