Who’s Responsible? Exploring Liability in New Jersey Trucking Accidents

Truck accidents can lead to devastating consequences, often resulting in severe injuries, property damage, and even fatalities. The sheer size and weight of commercial vehicles make these collisions particularly dangerous. In the aftermath of a truck accident, determining liability is one of the most critical steps in pursuing justice and compensation. For victims in New Jersey, understanding the complexities of liability in trucking accidents is key to building a strong truck accident claim.

This blog explores the intricacies of assigning responsibility in truck accidents and highlights the role of a personal injury lawyer in securing fair compensation.

The Unique Challenges of Truck Accident Claims

Truck accident claims are far more complex than standard motor vehicle accidents. Multiple parties can share responsibility, and commercial trucking companies are often backed by aggressive legal teams and substantial insurance policies. Key challenges include:

• Multiple Liable Parties: Responsibility may fall on the truck driver, trucking company, vehicle manufacturer, or even a third-party maintenance provider.
• Federal and State Regulations: The trucking industry is heavily regulated, with rules governing driver hours, vehicle maintenance, and cargo loading. Violations of these regulations can be critical in establishing liability.
• Significant Damages: Truck accidents often result in catastrophic injuries, making the stakes higher for victims seeking compensation.

Common Causes of Truck Accidents in New Jersey

Understanding what causes truck accidents can help identify liable parties. Common causes include:

• Driver Fatigue: Federal Hours of Service (HOS) regulations are designed to prevent fatigue-related accidents, but violations still occur.
• Distracted Driving: Truck drivers may be distracted by cell phones, GPS devices, or other in-cab technologies.
• Improperly Loaded Cargo: Shifting or overloaded cargo can cause trucks to overturn or jackknife.
• Mechanical Failures: Poor maintenance or defective parts can lead to brake failures, tire blowouts, and other dangerous situations.
• Negligent Hiring Practices: Trucking companies may be liable if they fail to properly vet or train their drivers.

Identifying Liable Parties in a Truck Accident Claim

One of the most critical aspects of a truck accident claim is identifying all parties that may share liability. Here are the primary players who could be held responsible:

The Truck Driver

Negligent driving behaviors such as speeding, distracted driving, or operating under the influence can make the driver directly liable.

The Trucking Company

Companies may be held accountable for negligent hiring, inadequate training, or failure to enforce safety regulations. Under the legal doctrine of vicarious liability, employers can also be responsible for their employees’ actions.

The Cargo Loader

Improperly loaded or secured cargo can shift during transit, leading to accidents. Liability may fall on the party responsible for loading the truck.

The Vehicle Manufacturer

Defective parts such as brakes, tires, or steering systems can make manufacturers liable for accidents caused by mechanical failure.

Third-Party Maintenance Providers

If the truck’s maintenance was outsourced and improperly performed, the service provider could be held accountable.

The Role of Evidence in Establishing Liability

Building a successful truck accident claim relies heavily on gathering and preserving evidence. Key pieces of evidence include:

• Driver Logs: These records can reveal whether the driver adhered to HOS regulations.
• Black Box Data: Most commercial trucks are equipped with event data recorders that capture information such as speed, braking, and engine performance.
• Maintenance Records: These documents can uncover whether the truck was properly maintained.
• Accident Scene Photos: Images of skid marks, vehicle damage, and road conditions can provide critical context.
• Witness Statements: Testimonies from eyewitnesses can help reconstruct the events leading to the accident.

A skilled truck accident lawyer can secure this evidence, analyze it thoroughly, and use it to build a compelling case for liability.

Federal and State Regulations: How They Impact Liability

Trucking companies and drivers must comply with a myriad of federal and state regulations. Key regulations that influence liability include:

• Hours of Service (HOS) Rules: These rules limit the number of hours a driver can operate without rest to prevent fatigue-related accidents.
• Vehicle Maintenance Standards: Trucks must undergo regular inspections and repairs to ensure safety on the road.
• Cargo Securement Rules: The Federal Motor Carrier Safety Administration (FMCSA) sets guidelines for properly securing cargo to prevent shifting loads.

Violations of these regulations can serve as strong evidence of negligence in a truck accident claim.

Steps to Take After a Truck Accident

If you’ve been involved in a truck accident, taking the right steps can protect your rights and strengthen your claim:

Seek Medical Attention

Your health is the top priority. Even if your injuries seem minor, get a medical evaluation to document your condition.

Call Law Enforcement

File a police report to create an official record of the accident.

Document the Scene

Take photos of the vehicles, road conditions, and any visible injuries. Collect contact information from witnesses.

Avoid Speaking with Insurance Adjusters

Direct all communication to your truck accident lawyer to prevent saying anything that could harm your claim.

Consult a Truck Accident Lawyer

An experienced attorney can guide you through the legal process, investigate the accident, and advocate for the compensation you’re seeking. 

Compensation Available After a Truck Accident in New Jersey

If you’ve been injured in a truck accident, you may be eligible for various types of financial recovery to address the aftermath of the crash. These can include:

Reimbursement for Medical Care

From emergency treatment and surgeries to long-term rehabilitation and ongoing medical needs, compensation may cover the full spectrum of healthcare costs related to your injuries.

Recovery of Lost Income

Compensation can account for wages lost during your recovery period, as well as future earning potential if your injuries prevent you from returning to your job or diminish your ability to work.

Damages for Emotional and Physical Hardship

Non-economic damages, such as pain and suffering, aim to address the physical discomfort and emotional trauma you’ve endured because of the accident.

Repair or Replacement of Damaged Property

You can seek compensation to cover the costs of repairing or replacing your vehicle and any personal belongings damaged in the collision.

Punitive Awards for Extreme Negligence

In cases where the at-fault party’s behavior was particularly reckless or egregious, courts may award punitive damages to penalize the wrongdoer and deter similar actions in the future.

The Importance of Hiring an Experienced Truck Accident Lawyer

Dealing with the aftermath of a truck accident can be daunting, especially when facing powerful trucking companies and their insurance providers. Enlisting the help of a truck accident lawyer can make a significant difference by:

• Conducting a Comprehensive Investigation: Your attorney will gather critical evidence, such as black box data, driver logs, and accident reports, to build a strong case.
• Determining All Liable Parties: From the driver and trucking company to maintenance providers and manufacturers, your lawyer will identify everyone responsible for the accident.
• Negotiating with Insurance Companies: Insurance adjusters often aim to minimize payouts, but a skilled lawyer can advocate for a fair settlement on your behalf.
• Providing Court Representation: If negotiations don’t lead to a satisfactory outcome, your lawyer can take your case to court and fight for your rights.

With an experienced advocate by your side, you can focus on recovery while knowing your claim is in capable hands. 

Don’t Let the Complexity of a Truck Accident Claim Overwhelm You – Call DiTomaso Law in New Jersey Today

If you’ve been injured in a truck accident in New Jersey, you need an experienced legal team that understands the intricacies of these cases. At DiTomaso Law, our truck accident lawyers are dedicated to fighting for your rights and securing the compensation you’re seeking to move forward.

Call us today at 856-414-0010 for a free case review. Let us handle the complexities of your claim so you can focus on your recovery. Time is critical, so don’t delay – Contact us now to start building your case! We represent clients in Cherry Hill, Moorestown, Voorhees Township, and the surrounding areas. 

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.