New Jersey Truck Accident Lawyer

Steps to Take if you are Involved in a Truck Accident

Any person can find the thought of a serious injury requiring immediate medical attention alarming. It can be overwhelming, frightening, and unknown to have so many feelings and things happening simultaneously.

It will be easier for you to manage an unexpected collision when (and if) it happens if you take specific precautions to be ready in case of an accident or emergency. At the accident scene, it’s important to remember the following:

• Make a note of any damage or injuries, if you can. Use your smartphone to take images. This action is crucial if an accident results in numerous injuries and damages when traveling with family or friends.
• Maintain as much composure as possible. Also, if it’s safe to do so, move your car out of the road. By doing this, you’ll keep yourself safe from the direct effects of traffic and any ensuing accidents and damage.
• Maintain a fully charged cell phone, a notebook in your glove box, a first aid kit, bottled water, and other items that could be of immediate assistance.
• Exchange contact details with any witnesses or other truck accident victims present, including names, phone numbers, email addresses, license plate numbers, and any other information that might be useful to your case.
• Note any conditions or other factors that might have contributed to the crash. Even if it might not seem pertinent at the moment, it’s crucial to keep in mind as many specifics as you can.
• Make sure to report the collision and summon the police to the scene.

Truck Accident Liability

Establishing culpability is one of the most difficult components of any truck accident case. In common passenger car collisions, you can bring a civil lawsuit and file an insurance claim against the at-fault driver. Trucking accidents, however, can include a variety of parties, including:

• Transport drivers
• Employers
• Vehicle owners
• Vehicle loaders
• Trucking maintenance businesses
• Maintenance personnel for trucks

All of these parties, however, are not involved in every collision. For example, some drivers are independent operators who lease their cars from outside companies instead of using employer trucks.

Driver Liability
The majority of truckers are skilled, qualified professionals who make an effort to abide by local, state, and federal trucking laws. However, accidents might happen because of uncontrollable factors that truckers cannot avoid.

These circumstances include bad weather, traffic jams, hazardous roads, and broken road signs. But occasionally, a crash results from a driver’s error or neglect. Drivers who drive too long without rest are equally responsible for the crash and must abide by the laws regarding sleep.

If the trucker in your case was negligent or disobeyed the relevant federal or state laws, you might have a strong case. However, the responsibility of other parties, such as the driver’s employer or the cargo shipper, should also be considered.

Employment Liability
If one of their employees causes an accident, truck employers may be jointly liable. According to a federal legal principle, the employer may share responsibility if the driver was performing services for the company at the time of the accident. In other words, businesses are liable for the activities of legitimate employees who create a mishap while performing their duties.

Employers, however, frequently attempt to avoid accountability by asserting that drivers are independent contractors or that they were not on duty when the accident occurred.

Loader and Shipper Liability
Cargo is frequently transported by truckers on behalf of external organizations. If a representative of an outside organization negligently secured the shipment, that organization may also bear some of the blame for the mishap.

For instance, sturdy straps and tie-down gear are needed for a hefty load to ensure that goods don’t break loose during transit. Falling objects can result in catastrophic mishaps, for which the cargo loader would presumably have some of the blame.

Parts and Manufacturer
If a truck part malfunctions, the failure may result from subpar manufacture, design, or maintenance practices. If there are design or production faults, the manufacturer or distributor may share responsibility, and if the company improperly maintained the truck, maintenance personnel and businesses might be held liable.

State Government Liability
If a truck accident was caused by a defect in the maintenance or construction of the road, the local state government may also be held partially responsible. For instance, the local county board might be held accountable if the crash was caused by damaged pavement or an incorrectly posted warning sign. Cases implicating governmental entities are challenging to establish. Before seeking to establish culpability in such a case, you must consult with a lawyer.