Who Can Be Held Liable After a Crash Involving a Large Truck in New Jersey?

Due to their sheer weight and size, crashes involving large trucks can be catastrophic. Victims often suffer life-altering injuries that may leave them unable to work and require costly long-term care. At Sarno da Costa D’Aniello Maceri Webb LLC , our personal injury lawyers in New Jersey know how to identify and pursue all possible sources of recovery in cases involving commercial vehicles. Led by Paul M. da Costa, our personal injury team is dedicated to making things right for injured victims and their families. Here, we explain truck accident liability in New Jersey and how multiple parties may be responsible for damages after a collision.

Truck Accident Injuries Can Be Devastating

Truck accident injuries often have lifelong physical, emotional, and financial repercussions for victims and their families. These injuries may require multiple surgeries, hospital stays, physical therapy, and ongoing medical treatment and nursing care.

Additionally, the psychological toll of being hurt in a truck accident can lead to debilitating conditions such as post-traumatic stress disorder (PTSD), anxiety, or depression. Whether physical or emotional, these injuries can have a significant impact on a victim’s quality of life.

Common physical injuries from large truck accidents include:

• Head, neck and back injuries
• Traumatic brain injury (TBI)
• Spinal cord injuries, including paralysis
• Severely fractured or crushed bones
• Serious burns and lacerations
• Disfigurement
• Amputation
• Permanent disability

Victims of catastrophic injuries may be unable to earn a living or care for themselves, which often places a heavy emotional and financial burden on their loved ones. Our experienced New Jersey truck accident lawyers know how to demonstrate the full impact of these injuries and damages such as future medical bills, loss of earning capacity, pain and suffering, and loss of consortium.

If you’ve lost someone in a fatal truck accident, our injury lawyers can evaluate your case and determine whether a wrongful death claim may be an effective course of action for recovering compensation.

Truck Accident Liability: Who’s Responsible?

The answer to this question is often complicated. In addition to the driver, the trucking company, maintenance provider, parts and vehicle manufacturers, and other motorists involved in a crash may be at fault. Understanding how to determine and prove liability requires the experience and knowledge of seasoned truck accident lawyers.

The Truck Driver

In most truck accident cases, the driver is first on the list when it comes to determining fault. Fatigue, driver error, distraction, failing to check blind spots, and driving while intoxicated are common causes of truck crashes. However, even if the driver was negligent, other parties could be potentially liable as well.

The Trucking Company

Many truck drivers are employees of trucking companies. Employers can often be held liable for the negligent actions of their workers if an accident happens on the job. Trucking companies also have a responsibility to properly train their drivers, set safe and realistic expectations for delivery times, and ensure trucks are well maintained. If a trucking company fails to do any one of these things, they may be responsible for damages.

Unfortunately, trucking companies may attempt to avoid liability by classifying drivers as independent contractors. Our truck accident lawyers know how to investigate these claims, get to the bottom of a trucker’s employment status, and determine whether a trucking company may be held liable.

Repair and Maintenance Providers

The Federal Motor Carrier Safety Administration (FMCSA) has strict regulations regarding the inspection and maintenance of commercial vehicles. If a maintenance or repair company failed to identify or fix a mechanical issue that contributed to the crash, they could be legally responsible for damages. Maintenance and inspection records provide our truck accident lawyers with valuable information that can be used to determine what went wrong and who may be at fault.

Cargo Loaders and Shippers

Improperly secured or loaded cargo can make a truck difficult to control and result in jackknife or rollover accidents. In some cases, cargo may fly onto the road, which creates a serious hazard for other motorists. If an issue with cargo caused a crash and the cargo was shipped or loaded by a third-party company, they could be liable for damages.

Vehicle and Parts Manufacturers

If a truck crash occurs due a defective part, mechanical failure, or faulty design, the manufacturer of the part or truck could be found at fault under product liability law. To prove this kind of case, a truck accident lawyer must be familiar with the technical aspects of how the vehicle works and know how to conduct an in-depth investigation.

Other Motorists Involved in the Crash

Sometimes truck accidents involve multiple vehicles or multi-car pileups. If another motorist’s actions caused a crash, they may be liable for damages.

Why Truck Accident Cases are So Complex

Unlike many car accident cases, crashes involving large trucks are rarely straightforward. Assigning liability, filing multiple insurance claims, and proving fault can be challenging. Trucking companies usually have high limits on their insurance policies, which makes insurers fight even harder to minimize payouts and deny claims.

They may send investigators and insurance adjusters to the scene shortly after a truck accident happens. If someone approaches or contacts you, do not give a statement, sign anything, or accept a settlement without consulting a New Jersey truck accident attorney first. We can evaluate your case and handle all communications and negotiations with insurers.

Securing evidence in a truck accident case can be an arduous process that requires legal remedies such as subpoenas. Common types of evidence in truck accident claims include:

• Driver logs
• Maintenance records
• Information from event data recorders (EDRs) or “black boxes”)
• Shipping and lading documentation
• Witness statements
• Police reports
• Post-accident drug and alcohol testing results
• The driver’s training, employment, and traffic violation history

The trucking company has much of this evidence, so it’s essential to request and obtain it as soon as possible. Our truck accident lawyers, investigators, accident reconstructionists, and industry experts review and analyze all evidence to piece together what happened and prove fault.

Our Truck Accident Lawyers in New Jersey Provide Exceptional RepresentationObtaining Evidence in Truck Accident Cases

Investigating and proving liability in truck accident cases requires the experience, resources, and tenacity that our personal injury team can deliver. Paul and his team have successfully handled complex truck accident cases throughout New Jersey and have helped victims and their families recover substantial settlements and verdicts.

We know how to peel back the many layers of truck accident cases, uncover the truth, and hold all responsible parties accountable. Our injury lawyers fight to protect your rights and help you obtain the maximum compensation you need and deserve. Our truck accident attorneys are well-versed in state and federal law. We know how to counter insurance and trucking companies’ attempts to deny liability through legal loopholes.

No Fee Unless We Win Your Case

Your initial consultation is always free, and our injury attorneys take truck accident cases on contingency, which means you won’t incur any up-front costs or owe attorneys’ fees unless we win your case.  We provide the personalized service you deserve, guide you through the process every step of the way, and work toward the best possible outcome for your case.

Contact a Truck Accident Attorney Near You in New Jersey

At Sarno da Costa D’Aniello Maceri Webb LLC, we help injured victims the find justice, accountability, and compensation they deserve. Contact us or call 973-274-5200 to schedule a free, no-obligation consultation with Paul M. da Costa today. We offer several convenient locations near you in Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.