Liability in Truck Accidents in New Jersey

Truck accidents can be life-altering, leading to severe injuries, emotional trauma, and mounting medical expenses. Unlike car accidents, determining liability in truck accidents is often more complex. Multiple parties may share responsibility, and understanding who is liable is crucial for victims seeking compensation.

If you or a loved one has been involved in a truck accident in New Jersey, it’s essential to understand your rights, know the laws that apply, and seek the guidance of an experienced personal injury attorney.

Truck Accident Responsibility: Identifying Liable Parties

Several parties might be held liable when a truck accident occurs, depending on the circumstances. Here’s a breakdown of the potential parties who may be responsible:

1. Truck Driver
   
   • Negligent Driving: If drivers were speeding, driving under the influence, or violating traffic laws, they could be held responsible.
     
   • Hours of Service Violations: Federal Motor Carrier Safety Administration (FMCSA) regulations limit the number of hours a driver can be on the road without rest. Violations of these regulations could point to driver fatigue as a cause of the accident.
     
2. Trucking Company
   
   • Negligent Hiring or Training: The company may share liability if it fails to conduct background checks or adequately train its drivers.
     
   • Pressure to Meet Deadlines: Trucking companies sometimes push drivers to meet tight deadlines, which can result in speeding or skipping breaks.
     
3. Cargo Loaders
   
   • Improper Loading of Cargo: Overloaded or improperly secured cargo can shift during transit, causing the truck to lose balance or jackknife.
     
4. Truck Manufacturer
   
   • Defective Parts: Manufacturing defects could result from faulty brakes, tire blowouts, or engine malfunctions. If this is the case, the manufacturer could be held liable.
     
5. Maintenance Providers
   
   • Negligent Maintenance and Repairs: If a third-party maintenance company fails to inspect or repair critical components like brakes or tires, liability may rest with them.
     
6. Government Entity
   
   • Roadway Hazards: Poorly maintained roads, missing signage, or hazardous road conditions could make a state or local government agency responsible. However, claims against government entities are subject to different rules and shorter deadlines under the New Jersey Tort Claims Act.

New Jersey-Specific Laws Relevant to Truck Accidents

State-specific laws and regulations influence truck accident liability in New Jersey. Here are some key legal considerations:

1. Statute of Limitations
   

   • In New Jersey Under the statute of limitations, you generally have two years from the accident date to file a personal injury lawsuit. If you’re filing a claim against a government entity (like for road defects), you must file a formal notice of claim within 90 days of the incident.
     

2. Comparative Negligence
   

   • New Jersey follows a modified comparative negligence rule, which means that if you’re found to be more than 50% at fault for the accident, you’re barred from recovering compensation. However, if you’re 50% or less at fault, your compensation will be reduced by your percentage of fault.
     

3. Federal Regulations
   

   • Trucking companies and drivers operating in New Jersey must also adhere to federal FMCSA regulations. These rules govern everything from hours of service to vehicle maintenance, and violations of these regulations can be used as evidence of negligence.

Notable New Jersey Truck Accident Cases

• Case Example: Camacho v. Hertz Equipment Rental Corp., 2018 N.J. Super. LEXIS 109
  • This case involved a commercial truck accident where liability was shared between the trucking company and a third-party contractor responsible for vehicle maintenance. The court emphasized the importance of proper inspection and maintenance records.
• Case Example: The Tragic Death of Michael O’Connell
  

• In a high-profile incident, Michael O’Connell, a well-known New Jersey attorney, was struck and killed by a pickup truck while crossing a street in Nashville. The driver, Joey Nixon, fled the scene but later returned. The case is under review by the district attorney’s office, with potential charges including vehicular homicide or hit-and-run resulting in death.

What To Do If You’re Involved in a Truck Accident

After a truck accident, your actions can impact your ability to seek compensation. Here’s a list of steps you should take:

1. Seek Medical Attention
   • Even if injuries seem minor, it’s essential to see a doctor. Some injuries, like concussions, may not be immediately apparent.
     
2. Document the Scene
   • Document the accident scene, truck damage, road conditions, and injuries.
     
3. Contact Law Enforcement
   • Request a police report. The report will provide critical evidence for your claim.
     
4. Gather Witness Information
   • Get contact details from any witnesses, as their testimony could support your case.
     
5. Consult with a Truck Accident Attorney
   • Truck accidents are complex, with multiple liable parties. An experienced attorney will investigate, gather evidence, and fight for maximum compensation.

Consult with an Attorney

Truck accident cases are more complex than car accident cases due to the number of parties involved and the laws governing commercial vehicles. Insurance companies representing trucking companies are known for their aggressive tactics to minimize payouts. Don’t let them undervalue your claim.

The Rosengard Law Group has extensive experience handling truck accident cases in New Jersey. They understand the state’s unique statutes and know how to hold trucking companies, drivers, and other parties accountable.

Why Choose Rosengard Law Group?

• Proven Track Record: Decades of success recovering compensation for accident victims.
• Local Knowledge: Experts in New Jersey’s trucking laws and federal regulations.
• Compassionate Advocacy: Support every step of the way, from claim filing to settlement negotiations.

If you’ve been injured in a truck accident in New Jersey, contact the experienced truck accident attorney to discuss your case, or call (856) 284-6446 to schedule a consultation.

See More: You can hire a semi-truck accident lawyer in Jersey City.