Determining Negligence in Truck Accident Cases: Key Factors and Legal Considerations

Truck accidents can be some of the most disastrous accidents on the road. Due to a commercial truck’s size and typical speed, a collision with one of these vehicles tends to be more damaging than an average car accident and can cost victims thousands in repairs or hospital bills. In such a tragic event, it is important to determine fault since establishing negligence may be necessary to receive loss compensation.

Determining negligence in a truck accident can be complicated, but it doesn’t have to be. Rosengard Law Group is here to help you navigate the complexities of the New Jersey legal system so you can receive the justice you deserve.

Types of Negligence in Truck Accidents

In New Jersey, truck driver negligence is defined as a commercial truck driver’s failure to act reasonably, responsibly, and with the standard of care expected of a prudent driver to ensure road safety. 

What, then, counts as negligence? Well, there are a few different types of negligence when it comes to truck accidents.

• Fatigued Driving: Commercial truck drivers often drive long distances over an extended period of time, and they sometimes do so without breaks. This is against the law since it violates the federally regulated hours of service. It can lead to fatigue, which can lead to accidents.

• Distracted Driving: There are many ways for a driver to become distracted and pay less attention to the road. Texting, talking on the phone, and eating are just a few examples.

• Impaired Driving: Ingesting drugs and/or alcohol before operating a commercial truck is illegal. Drivers who have done so are no longer considered safe, prudent drivers. 

• • Reckless Driving: Reckless driving is arguably the most common form of truck driver negligence. It includes speeding, failing to adjust speed to weather conditions or road conditions, aggressive driving, and violating or disregarding traffic laws and road signs. 
• Poor Vehicle Maintenance: If a truck is poorly maintained, it could lead to serious systemic failures, like brake issues or faulty storage. Truck employers and employees are responsible for inspecting their trucks to safeguard against any possible mechanical failures that cause accidents.

If you or a loved one has been in an accident with a truck, determining the kind of negligence can be important. A qualified personal injury lawyer can help you with this. Book a consultation with one of Rosengard Law Group’s truck accident attorneys today. 

Evidence Used to Determine Liability in Truck Accidents

In a truck accident, the strength of the evidence presented against the driver is crucial to establishing negligence and proving liability. A qualified lawyer can help you gather the right documents to prove your case.  

Below are some examples of evidence that can be used to determine liability and negligence in truck accidents.

• The police report from the accident. This can include a toxicology test. 
• Eye witness testimonies.
• The trucking company’s employee records.
• The truck’s electronic logging device (ELD), or black box.
• The truck driver’s cellphone records. 
• The truck’s maintenance records and reports. 
• The truck driver’s driving records.
• The truck driver’s personal history, including medical and criminal. 

Legal Considerations

If you or a loved one has been in a truck accident, there are several legal considerations you should be aware of.

Types of Compensation Available 

There are many different types of compensation available to victims of truck accidents. Some of the more common ones include:

• Medical Bills: You are entitled to a reimbursement for all medical costs resulting from the accident, including future medical bills and modifications made to your house or vehicle to accommodate injuries.

• Property Damage: Considering the size of commercial trucks, your vehicle likely needed repairs. You can be compensated for this. 

• Pain and Suffering: You can be reimbursed for any costs associated with a reduction in your quality of life, including treatment for emotional distress, mental, and/or physical distress.

• Lost wages, including benefits: If you had to take time off work and lost income as a result, you are entitled to compensation. 

Statutes of Limitations

While every state is unique, New Jersey operates with a statute of limitation of approximately two years. This means that if you fail to file your personal injury claim within this time, you will likely forfeit your right to compensation. 

Type of Negligence

New Jersey abides by the comparative negligence rules, which means that the victim’s compensation may be reduced by their degree of determined fault. Thus, if you are found 25% responsible for the accident, your compensation will be reduced by 25%. 

Understanding comparative negligence is important because if you decide to file a claim against the truck driver’s insurance policy, the trucker’s insurance company will likely investigate the accident to determine if you share any of the blame. 

Call an Attorney 

From understanding comparative negligence to gathering sufficient evidence to prove liability, navigating New Jersey’s personal injury courts can seem daunting, but it doesn’t have to be. A qualified truck accident lawyer, like those at Rosengard Law Group, can guide you through the legal maze of state and federal trucking regulations. Rosengard Law Group is committed to helping victims of truck accidents receive the justice they deserve.