Should We Sue The Trucking Company Or Driver In A New Jersey Trucking Accident?

If you had a truck accident in New Jersey, you might wonder who to sue, the trucking company or the driver? It’s like choosing the right path through a legal maze. 

This article looks into the refined trucking accident cases in New Jersey, addressing challenges, benefits, drawbacks, and the compensation process.

By the end, you’ll be equipped with the knowledge to make informed decisions.

Determining Liability in a Trucking Accident

Understanding and establishing liability is a pivotal step in the after-effects of a trucking accident.

This section examines the considerations involved in determining who bears responsibility for the incident.

Evidence Collection 

Gathering concrete evidence is key to establishing liability. This includes accident reports, witness statements, and any available surveillance footage.  

Driver’s Actions 

Scrutinizing the actions of the truck driver is essential. If negligence or violations of traffic laws are evident, it can significantly impact liability.

Company Policies 

Examining the policies and practices of the trucking company is important.

If the accident resulted from the company’s negligence, they may bear a share of the liability.

Vehicle Maintenance 

Ensuring that the truck is properly maintained is vital. Negligence in maintenance could point towards liability on the part of the trucking company.

Common Challenges of Trucking Accident Cases in New Jersey

Trucking accident cases present unique challenges, and those in New Jersey are no exception.

Understanding these hurdles is pivotal for anyone processing the legal consequences. 

1. Complex Regulations: The trucking industry is governed by intricate regulations, making legal proceedings complex.
2. Evidence Collection: Gathering evidence after an accident can be challenging, and necessary details may be overlooked.
3. Insurance Company Tactics: Insurance companies often employ strategies to minimize payouts, complicating the compensation process.

See also: What are the Causes of Truck Accidents?

Can I Sue Someone Personally After a Truck Accident in NJ?

Determining whether you can sue someone personally after a truck accident in New Jersey depends on various factors. 

Personal Injury Claims 

In most cases, personal injury claims target the responsible party, either the driver or the trucking company.

Negligence Considerations

If the driver’s negligence led to the accident, a personal injury claim against them is plausible.

Employer Liability 

Suing the trucking company is also an option, especially if their negligence contributed to the accident.

Benefits and Drawbacks of Suing the Driver or the Trucking Company

Each option – suing the driver or the trucking company – comes with its own set of advantages and disadvantages.

Suing the Truck Driver 

Benefits:

• Personal Accountability: Holding the driver accountable for negligence.
• Simplified Legal Process: Lawsuits against individuals often involve simpler legal procedures.

Drawbacks:

• Limited Resources: Drivers may have limited financial resources, impacting potential compensation.
• Insurance Constraints: The driver’s insurance coverage might be insufficient for significant claims.

Suing the Trucking Company

Benefits:

• Deep Pockets: Trucking companies usually have substantial resources, ensuring adequate compensation.
• Employer Responsibility: Holding the employer accountable for safety protocols and employee conduct.

Drawbacks:

• Complex Legal Battles: Corporate legal teams may complicate the litigation process.
• Shared Liability: Establishing the trucking company’s sole responsibility can be challenging.

Compensation for Trucking Accident Victims in New Jersey

Victims of trucking accidents in New Jersey may be eligible for various forms of compensation.

Medical Expenses

Medical expenses incurred as a result of the accident, including bills, treatments, and ongoing care, can be covered.

This ensures that individuals receive the necessary medical attention without shouldering the financial burden.

Lost Wages 

Victims can seek compensation for lost wages. This pertains to income that was lost due to the inability to work caused by the after-effects of the trucking accident.

This component of compensation aims to reduce the economic strain experienced by victims during their recovery period.

Pain and Suffering

The emotional and physical toll of a trucking accident is acknowledged through compensation for pain and suffering.

This financial recovery is designed to address the intangible costs associated with emotional distress and physical pain endured by the victim.

Statistical Data 

In New Jersey, trucking accidents accounted for 8% of all traffic fatalities in 2022, underscoring the severity of these incidents.

This statistic emphasizes the need for comprehensive compensation measures to support victims and their families in the fallouts of such impactful events.

Hire an Experienced Truck Accident Lawyer in NJ

Going through the legal complexities of a trucking accident in New Jersey requires expertise. Hiring an experienced lawyer can significantly impact the outcome of your case.

• Legal Expertise: A seasoned lawyer understands the intricacies of trucking accident laws in New Jersey.
• Negotiation Skills: Effective negotiation with insurance companies to secure fair compensation.
• Trial Representation: In the event of a trial, a skilled lawyer ensures your case is presented convincingly.

FAQs

What Evidence is Required to Sue the Trucking Company in NJ?

To sue a trucking company in New Jersey, certain key pieces of evidence are considered to note like Accident Reports, Driver Logs, Maintenance Records, and Witness Statements.

Can I Sue Both the Trucking Company and the Driver?

Yes, it is possible to sue both the trucking company and the driver, particularly if their combined negligence contributed to the accident.

How Can I Decide Whether to Sue the Trucking Company or the Driver?

Consider the following factors: Degree of Negligence, Resources Available, and Legal Counsel.

Conclusion

In the consequences of a trucking accident in New Jersey, the decision to sue the trucking company or the driver is a pivotal one.

Understanding the challenges, benefits, and drawbacks associated with each choice empowers victims to make informed decisions.

Whether opting for personal accountability or pursuing corporate responsibility, seeking the assistance of an experienced lawyer ensures a smoother legal process.

By processing through the complexities with clarity, victims can work towards obtaining the compensation they rightfully deserve.