Negligent truck drivers and trucking companies are responsible for hundreds of accidents each year. These drivers and trucking companies often place profits over safety, and speeding trucks, tired drivers, and worn-out equipment leave other drivers with serious injuries. Many drivers are even killed in these types of accidents.
For help getting compensation after you or a loved one was injured in a truck accident, you should work with an experienced Newark, NJ truck accident attorney. Trucking companies will have impressive legal teams – and so will their insurance companies. It is important to have your own legal team to fight for you and your rights as well.
For a free evaluation of your potential truck accident case, call The Carrion Law Firm’s Newark, NJ truck accident attorneys today. Call us at (718) 841-0083 to get started.
Determining Fault in a Newark, NJ Truck Accident Case
If you were hurt in an accident involving an 18-wheeler or other large truck, you deserve compensation. However, you have to file claims and lawsuits against the right parties to get the damages you deserve. Determining which party is at fault can be difficult and will typically involve an investigation by your Newark truck accident lawyers into employment practices, maintenance schedules, driving logs, and other information surrounding your crash. The following parties could also potentially share fault in a truck accident case:
Truck Drivers
Truck drivers are often directly at fault for the accidents they are involved in. Truckers have big vehicles, and with that comes a big responsibility to drive safely. There are even additional regulations that truckers need to follow on top of the other traffic laws that every driver must follow.
If a driver made a mistake behind the wheel, like driving drunk, falling asleep at the wheel, or even speeding or failing to use a turn signal, they could be responsible for any resulting accidents. Proving fault against a truck driver typically works the same way that proving fault does in any auto accident case: the victim testifies as to what happened and provides other evidence, such as photos of the damage, to prove the driver was at fault.
However, there are circumstances where the trucker is just as much a victim as you are.
Other Drivers
Sometimes truck accidents are caused by other drivers. In these cases, you and the trucker might both be victims of another driver’s negligence. It is possible that the truck driver did everything they could to avoid a crash, but the size and weight of their vehicle was simply impossible to control after another driver did something dangerous on the road. In these cases, both you and the trucker could be entitled to file a claim against the other at-fault driver.
Trucking Companies
Trucking companies are often liable for accidents – either in part or in full. Truckers and other drivers on the road can be put at risk if trucking companies improperly maintain the trucks they own or load the vehicle with dangerous cargo without alerting the driver. Dangerous equipment, vehicle malfunctions, and hazardous materials can put everyone at risk on the road, and trucking companies can be held directly liable for these mistakes.
Trucking companies are also sometimes responsible for accidents because they violate trucking regulations. Failing to properly load cargo, forcing drivers to violate hours-of-service regulations, and hiring unlicensed or unqualified drivers can also be very dangerous. Trucking companies can also be held liable for these issues.
Lastly, trucking companies can be held liable as the employers of negligent truck drivers. Companies are often sued when an employee does something wrong, and trucking companies are no different. As long as the truck driver was an employee of the trucking company working within the scope of their job duties when they caused the crash, our Newark truck accident lawyers should be able to hold the trucking company “vicariously liable” for the crash. This can be blocked in cases involving owner-operators or independent contractors, who are not considered employees in some cases.
Truck Manufacturers and Mechanics
If the accident is caused by malfunctioning or defective auto parts on the truck, it is possible that it might not be the driver’s nor the trucking company’s fault. Often, trucking companies use in-house mechanics, but if they relied on a third-party mechanic to maintain their vehicle, it could be that mechanic’s fault if the vehicle malfunctions and causes a crash. The same is true if a new truck has an auto part defect that can be blamed on the manufacturer.
Suing for Injuries in a Truck Accident in Newark, NJ
Many truck accident injuries are best compensated through a lawsuit against the at-fault parties. In some cases, this means filing against multiple parties from the list above, holding each one liable for their own fair share of the fault in causing the crash. However, there are some preliminary issues you need to get out of the way before you can even be allowed to sue for injuries.
NJ is a no-fault state for car insurance. This means that each driver is required to carry insurance to cover their injuries and lost wages after a crash, all without suing or filing a claim against another driver. If your injuries are limited to recovery under this system, our Newark truck accident lawyers can fight to get compensation from the insurance companies that fully covers these damages.
However, additional damages are often available in court or in third-party claims against trucking companies and their insurance companies. When you file these claims, additional compensation is often available for pain and suffering and other non-economic damages. However, our Newark truck accident lawyers must first prove your injuries meet certain “serious injury” thresholds before we can file your lawsuit.
Get Help from Our Newark Trucking Accident Attorneys Today
If you were hurt in an accident involving a truck, call The Carrion Law Firm today. For a free case review, call our Newark truck accident lawyers at (718) 841-0083.