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New Jersey Truck Accident Lawyer
A car collision is a terrifying and unpredictable event for you or a loved one. Due to the sheer size and weight that semi-trucks and other huge trucks are carrying, persons involved in collisions involving trucks frequently get significant injuries. As a result, your focus rapidly switches to receiving care that will help you get back on your feet, followed by emergency services.
However, it might be particularly difficult to determine how you will be compensated for your medical expenses, lost wages, and other damages in tractor-trailer accidents. You can get just compensation for your injuries with the assistance of a knowledgeable New Jersey truck accident lawyer. If you’re ready to get justice for yourself or a loved one, then keep reading to find out more!
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.
Causes of a Truck Accident
Whether trucks are involved in minor incidents or serious collisions, there are numerous frequent causes of truck accidents. However, there are some root causes that contribute directly to these accidents:
Fatigue and Substance Abuse
To finish deliveries on time, truckers frequently forgo necessary breaks and must stick to stringent schedules. While it is required by federal and state law that drivers take breaks during extended shifts, these requirements are not often strictly implemented.
Drowsy driving a commercial truck can cause various issues, such as poor judgment, diminished control, and slower reaction times. In addition, according to several studies, driving while fatigued is just as risky as driving while intoxicated.
Sadly, truck drivers occasionally operate their vehicles while impaired by alcohol or narcotics. Although federal laws for trucking businesses mandate random drug testing, this is not always sufficient to prevent drunk driving.
Commercial drivers are subject to tougher limits on their blood alcohol content. For example, if a truck driver’s blood alcohol content is greater than 0.04%, they are too drunk, while for drivers of passenger vehicles, the legal limit is 0.08%. Those found operating a truck while intoxicated frequently lose their licenses.
Due to the size of these vehicles and the potential for simple calculations to go wrong, driver error is a big issue in the commercial trucking sector. The most frequent mistakes drivers make are speeding, improperly monitoring blind spots, and driving too quickly around curves.
Commercial vehicles are intricate devices that need routine maintenance to function properly. Mechanical failure remains a risk even if mechanics execute the appropriate safety checks and maintenance. The most typical mechanical issues are as follows:
- Failing to maintain the brakes properly
- Improper loading or securement of delivery goods
- Not addressing steering problems
- Improper tire maintenance and replacement
Additionally, manufacturing or design flaws like faulty tires or broken warning lights can collide. Weather issues, broken traffic lights, and poor road upkeep and design are additional reasons commercial trucks collide.
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
- 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.
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.
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.
Because New Jersey is a no-fault insurance state, it might be difficult to understand or determine if you have a case to file. To ascertain the damages you are entitled to as a result of carelessness, it is crucial that you get in touch with an NJ law company as soon as possible after an accident.
There are certain restrictions in place to protect truck drivers, their safety, and the safety of other drivers on the road, in addition to obeying the laws requiring them to do so.
How can a Truck Accident Lawyer Help?
The trucking firm will send its attorneys and insurance adjusters to the scene of the collision as soon as possible to conduct an investigation and take all necessary precautions to safeguard its interests. Therefore, you must get in touch with a qualified lawyer as soon as possible so that they can begin advocating on your behalf.
Get in Touch With a New Jersey Truck Accident Lawyer Today
Getting into an accident in a truck or with a truck may allow you to hire a personal injury lawyer in New Jersey. While keeping key considerations in mind, you can move forward with filing a claim.
If you’re ready to get justice, get in touch with Bhatt Law Group today by clicking the link here or calling (201) 798-8000 so they can help you begin.