Denville, NJ Truck Accident Attorney
People tend to get nervous when driving next to huge semi-trailer trucks, and for a good reason. An accident with a truck could spell disaster for numerous other drivers on the road, and the injuries are likely to be severe.
Many truck accidents are related to driver fatigue, equipment malfunctions or failures, and traffic violations. Taking legal action is somewhat complicated because of New Jersey’s insurance laws. Injured drivers can usually file no-fault claims with their own insurance, but their right to file a lawsuit for damages might be limited depending on their insurance policy. If you can file a lawsuit, you can recover damages for economic losses and non-economic injuries, both of which might be significant.
A truck accident is more than just dangerous; it can be catastrophic. Many accident victims do not survive or are left with permanent injuries. Our Denville, NJ truck accident lawyers can work to get you justice and compensation. For a free case review, call The Carrion Law Firm at (718) 841-0083.
How Truck Accidents Often Happen in Denville, NJ
Truck accidents might stem from numerous possible causes, some of which are serious issues plaguing the trucking industry. Knowing precisely how your accident happened helps our Denville, NJ truck accident lawyers determine who should be held liable and how to find evidence.
Driver fatigue is a huge problem in the trucking business, and truckers are often very tired when making long trips. Truck drivers often haul cargo across entire states or even across the country. While industry rules and regulations require drivers to make stops and take rests, many trucking companies push their drivers to keep going. It is not unusual for tired truckers to fall asleep at the wheel and cause a major collision.
Equipment malfunctions are also known to cause bad accidents or make accidents worse. For example, trucks must have underride bars that prevent other cars from getting wedged under the truck in the event of a crash. If the underride bar fails or is not installed, other vehicles might get stuck under the truck, and drivers might be severely injured.
Traffic violations are often riskier when made by truckers because they are operating incredibly huge and dangerous vehicles. Speeding, failing to signal turns, and general reckless driving are far more likely to cause a serious crash when a truck is involved. Another important violation to consider is weight limits. Trucks over certain weights cannot travel on certain roads. If the truck in your accident exceeded weight limits, the driver should be held liable for the crash.
How to Take Legal Action After a Denville, NJ Truck Accident
After an accident, you should speak to an attorney as soon as possible about taking legal action for compensation. Injured victims often have insane medical bills, among other expensive damages, that should be covered by the truck driver and possibly the trucking company. Before you can get compensation, our Denville, NJ truck accident attorneys can guide you through the insurance process before hopefully filing a lawsuit.
Filing an Insurance Claim
New Jersey is a no-fault state, meaning drivers must file claims through their own insurance to get coverage. All drivers have personal injury protection (PIP) coverage that they should cover medical expenses after an accident and various other economic damages. Exactly how much coverage you have depends on your specific insurance policy.
The benefit of no-fault insurance is that you file the claim with your own PIP insurance, not the other drivers. This makes getting insurance coverage much easier in cases where the other driver fled the scene or is uninsured. Additionally, you may receive coverage regardless of who is at fault, hence the “no-fault” aspect.
The problem with no-fault insurance and truck accidents is that your medical expenses might exceed the limits of your insurance policy because injuries in truck accidents are often very bad. Many injured victims require lifelong care or treatment, and insurance might only get them so far. Additionally, insurance does not compensate for non-economic damages like pain and suffering, which are often significant in these kinds of accidents.
Limitations on Lawsuits
If insurance does not cover all your damages, you should consider filing a lawsuit against the driver, the trucking company that hired them, and any other parties you believe are responsible. Unfortunately, filing a lawsuit under New Jersey’s no-fault insurance system is somewhat complicated.
Your right to sue might be limited or unlimited, depending on your choice when purchasing your insurance coverage. If you opt for a limited right to sue – often the less expensive insurance option – you can only file a lawsuit if you can prove you have a “serious injury.”
According to N.J.S.A. § 39:6A-8(a), a serious injury includes dismemberment, significant scarring or disfigurement, displaced fractures, loss of a fetus, death, or a medically determined permanent injury other than scarring or disfigurement. If you do not have one of these injuries, you cannot file a lawsuit for damages.
If your insurance comes with an unlimited right to sue, you can file a lawsuit regardless of whether your injuries are considered serious under the law. Our Denville, NJ truck accident attorneys can review your insurance policy and determine whether you have a limited or unlimited right to sue.
Damages Recoverable in Denville, NJ Truck Accident Lawsuits
If you can file a lawsuit, you might recover significant damages from the accident. Much of your damages are likely rooted in your physical injuries, although you can recover for other injuries and losses. Our Denville, NJ truck accident attorneys know how to calculate damages accurately and can help you get the most compensation possible.
Economic damages are based on the money you spent or lost because of the truck accident. Perhaps the biggest factor in your economic damages calculations is your medical bills. Truck accidents are often severe, and injured victims tend to be hurt very badly. As such, plaintiffs often have very high medical bills. In some cases, you can add the cost of anticipated future medical costs if you need long-term or indefinite care. You should also claim the value of your damaged vehicle and lost income if you cannot return to work after being injured.
Non-economic damages are not rooted in money but are still financially compensated by courts. Common examples of non-economic damages most people are familiar with are pain and suffering. Truck accidents leave victims with physical and mental scars that can last a lifetime. The pain you endure, both bodily and emotionally, deserves compensation.
Call Our Denville, NJ Truck Accident Attorneys for Help Now
Truck accidents often injure several people, and truckers and the trucking companies that hire them must be held accountable. Our Denville, NJ truck accident attorneys are here to help you get the compensation you deserve from the people who caused your injuries. For a free case review, call The Carrion Law Firm at (718) 841-0083.