What to Know About Truck Accidents in New Jersey

Reviewed by Daniel P. McNerney, Esq.

When truck accidents occur, they are often severe due to the size and weight of trucks. There are few auto accidents more damaging and jarring, especially if you are in a vehicle that is a fraction of the size of an 18-wheeler. As a result, if you or a loved one were injured, it is important to know what to do in the event that an accident occurs and seek the financial compensation you need to heal. Read on to learn more about truck accidents in New Jersey and speak with our knowledgeable New Jersey personal injury attorneys today.

Common Causes of Commercial Truck Accidents in New Jersey

Truck accidents can be caused by a number of factors. Some accidents are a result of inclement weather, hazardous road conditions, or mechanical failure. But, for the most part, truck accidents are a result of driver negligence. The most common forms of negligence include:

• Driving while drowsy or fatigued (Truck drivers work long shifts, which can lead to drowsy driving and cause accidents). According to the Federal Motor Carrier Safety Administration (FMCSA), commercial drivers must strictly adhere to federal hours-of-service regulations to prevent fatigue-related crashes.
• Distracted driving
• Driving under the influence of drugs or alcohol
• Driving aggressively or recklessly
• Eating or smoking while driving
• Excessively speeding (Trucks generally require the length of two football fields to come to a complete stop. If a truck driver is speeding, it can be difficult to control the vehicle, resulting in serious accidents.)
• Failing to comply with traffic lights, signs, and other rules of the road

Notably, under New Jersey insurance laws, accidents involving commercial vehicles are exempt from the standard “verbal threshold” restriction, granting injured victims an unrestricted right to sue for non-economic pain and suffering damages.

What Do I Do After a New Jersey Truck Accident Occurs?

Though truck accidents frequently put the wrongly injured in shock, taking immediate action can bolster your chances of winning a future personal injury claim. If you are able, you should take the following steps:

1. Call 911 to alert the police. They will send an ambulance to the scene, file an accident report, conduct chemical tests, and more.
2. Politely ask the truck driver for his/her insurance information, keeping the conversation to a minimum.
3. Ask anyone who witnessed your accident for their email, phone number, or any other means by which they may corroborate your claim in the future.
4. Take pictures and videos of the scene of the accident and any damage to your vehicle.
5. Retain the services of an experienced personal injury attorney who can subpoena various forms of evidence on your behalf, such as security camera footage, to prove that your injuries were a direct result of another party’s negligence.
6. File your claim on time. This legally acceptable timeframe is known as the statute of limitations. Generally, in New Jersey, you will have two years from the date of the accident to file your personal injury claim. This strict legal deadline is mandated by state law under N.J.S.A. § 2A:14-2. Failing to file on time will bar you from suing and cause you to lose your opportunity to recover the compensation you deserve.

It’s important to understand that, in order to ensure that evidence is immediately preserved, your attorney can send a formal spoliation letter to the trucker’s employer. This legally requires them to retain all black box data, information from electronic logging devices (ELDs), and internal dispatch communications.

Do not wait to reach out to our skilled Bergen County auto accident attorneys if you or a loved one has been injured. We are ready to begin the claims process on your behalf today.

CONTACT OUR EXPERIENCED NEW JERSEY FIRM

Here at McNerney & McAuliffe, we understand how confusing certain legal matters can be, which is why we are here to provide clients from all walks of life with the experienced, compassionate legal guidance they need. When someone is injured due to another party’s negligence, it is only right that they receive the justice they deserve. If you require the legal assistance of an attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, you can turn to us. Contact McNerney & McAuliffe today to learn more about what we can do for you. As a victim, your only job is to call us, and we will take it from there.