- How Much Does A New Jersey Truck Accident Lawyer Cost?
- We Battle The Insurance Companies For You. You Pay Nothing.
- How Do You Prove Negligence In A Truck Accident Case?
- What Kinds Of Compensation Am I Entitled To In A Truck Accident in NJ?
- What Should I Do After A Truck Accident?
- Truck Accidents Are More Devastating Than Car Accidents
- Leading Causes of Commercial Truck Accidents
- Get Your Questions Answered By A New Jersey Truck Accident Lawyer
Truck accidents are devastating and often cause catastrophic injuries that lead to large medical bills and financial losses.
Tractor-trailers, large construction vehicles, dump trucks, garbage trucks, and 18-wheelers ship items and cargo all through the major highways of New Jersey like the New Jersey Turnpike, Route 4, Route 78, and Route 80.
It really only takes one distracted or overworked driver to cause a serious truck accident.
Whether the accident is caused by trucking company negligence (product defects, over scheduling) or truck driver negligence (speeding, drunk driving, distracted driving, road rage) the number of serious injuries and deaths from truck accidents in New Jersey is staggering.
If you or your loved one have been injured in a truck accident in New Jersey, it is important that you protect your rights and seek legal representation immediately.
Call 833-323-4448 today, and get a FREE case evaluation. No need to make an appointment. Just call us and have your questions answered now.
How Much Does A New Jersey Truck Accident Lawyer Cost?
While many attorneys bill by the hour, Rosengard Law Group works on a contingency basis, which means we use our money to work the case – not yours.
We pay for the investigators, expert witnesses, court filing fees, attorneys fees, and more.
We cover all of these out-of-pocket expenses, so you will NEVER pay anything upfront to fight for your compensation. We only make a percentage of the settlement. If we do not win, we do not get paid, and you still own us nothing.
Working on a contingency basis helps to level the playing field by proving legal representation to go up against the trucking company’s unlimited resources without you having to fork up the money.
Don’t hesitate to call. It’s the smartest way to project your rights and get the maximum compensation for you and your family.
Read about our No Fee Promise.
We Battle The Insurance Companies For You. You Pay Nothing.
We’ll get to work right away to hire crash experts, take pictures, gather evidence, find video footage, interview witnesses, gather police reports, review trucking company records, and get safety logs.
Insurance policies for commercial trucking companies can be complicated.
There are often multiple policies with different coverages. Your accident may involve multiple responsible parties. These policies can have values in the millions.
Insurance adjusters know that these are valuable policies. They know that the expenses associated with a truck accident are very high, so they put their very best adjustors on these cases to “minimize costs” for the company. This means a smaller settlement amount for you.
Although insurance policies are supposed to be in place to protect you, the truth is, insurance companies will fight like mad to deny your claim.
The insurance adjuster is going to do everything possible to reduce the value of your compensation, including tricking you, using your statements out of context, and “forgetting” benefits that you deserve.
You’ll be up against the trucking company’s investigators and attorneys, so you’ll need an experienced NJ truck accident lawyer in your corner.
That’s us. We know how to handle these situations and are geared up to get the job done. Our lawyers fight so hard for our clients and never shy away from going to trial, trucking company attorneys know they’ll need to take you seriously.
We won’t be outworked or outsmarted and we won’t accept a settlement for anything less than what you deserve.
How Do You Prove Negligence In A Truck Accident Case?
Every type of injury case requires that the injured party proves other party was negligent and caused the accident.
To do this, the injured party must establish that the other party had a “duty of care” to act in a specific manner.
When we take on a truck accident case, our attorneys jump into action and get the truck driver’s logbook, the “black box”, and the best truck accident reconstruction experts on the case ASAP!
We’ll learn if and how the trucking company and/or driver violated federal safety regulations and if the driver was speeding and/or fatigued or distracted at the time of the accident. We’ll find out what the driver was doing (and/or shouldn’t have been doing) while driving the truck.
We’ll work with the truck accident expert witnesses to rip apart every detail of your case with the goal of taking it all the way to trial.
We can pull in experienced engineers, medical professionals, and accident reconstruction experts to help us build the strongest case possible.
We’ll find where the truck driver and/or trucking company breached any of the Federal Motor Carrier Safety Administration (FMCSA) requirements.
Breaching any of the following regulations would be a negligent act. Once we can prove the other driver was negligent and they caused your injury…we got ’em, and we can negotiate for a large settlement.
According to FMCSA, all drivers must:
- keep an accurate logbook of all hours driven each day and show breaks taken during shifts.
- follow all scheduled truck maintenance requirements mandated by law.
- ensure that all cargo is within specifications and loaded correctly.
- keep all hazardous materials (HazMat) in the proper trailer type. The correct placards must be on the outside of the trailer at all times. The driver must have special endorsements on their license to legally move HazMat materials.
- ensure that all oversized loads are placed appropriately on trailers and marked accordingly. An escort must be assigned to the truck for the entire trip.
- drive no more than 10 hours in any given shift.
- have a minimum of eight hours in between each shift before going back on the road.
- be 100% sober and alert. The use of any controlled substance, alcohol, and some prescription medications are prohibited. (In 2018, 3% of large-truck drivers involved in fatal crashes had a blood-alcohol content (BAC) of .08 or more, compared to 25% of passenger-car drivers.)
Of course, there are other factors to consider for breach of duty like failing to obey traffic rules and regulations, speeding, running a traffic light, aggressive driving behavior, and distracted driving.
Our New Jersey truck accident lawyers will go through every aspect of the case to show how the truck driver and any other entities were responsible for the accident.
By proving this breach of duty, we can file a claim for compensation.
What Kinds Of Compensation Am I Entitled To In A Truck Accident in NJ?
We’ll speak with your doctors and our medical experts to get a deep understanding of your injuries to determine the immediate and long term costs of your medical care.
We’ll calculate the total amount of compensation needed to make sure you can care for yourself and your family now and in the future.
If the trucking company and their attorneys refuse to offer a settlement that fully compensates you and your family for present and future losses, we’ll take your case to trial, and FIGHT for MAXIMUM COMPENSATION in court.
Call us to discuss the types of injury compensation that you can seek. Types and amounts of compensation will be based on the facts of the case. We may seek one or more of the following types of compensation:
Your insurance company will be responsible for covering your medical expenses. The NJ No Fault Insurance Laws were set up this way, so everyone can get the immediate medical care. Call us today to learn more about how this applies to your truck accident.
Any bills you will have to pay in the future for continuing or life-long care will become part of the compensation package we fight to win.
Lost Wages and Benefits
Any lost wages or employer-sponsored benefits that you lost as a result of the truck accident will be included in your compensation package.
The “base pay” lost wages claim is to compensate you for the amount of money you would’ve made if you were able to continue working after the accident. If you make $30 per hour, and you missed 10 full days of work because of the accident with the truck, then you would receive $2400 for $30 per hour x 8 hours a day x 10 days.
Our NJ truck accident attorneys will build a lost wages and benefits package that may also include:
- overtime pay
- paid sick days
- paid vacation days
- bonus pay and perks
- lost health insurance premiums
- contributions to your retirement plan
Future Earning Capacity
If your truck accident injury keeps you out of work and prevents you from earning an income in the future, we will file for “loss of future earning capacity”. If you are unable to return to work, or if you cannot return to the same position and earning level, you have the right to seek compensation for your lost wages. You should be able to have the same income as much as you did before your injuries if the accident wasn’t your fault.
Cost of Services
- medical supplies for treatment at home
- to update your home to make it compatible with permanent injuries: installing ramps, widening doorways or changing bathroom fixtures
- to have your vehicle changed to accommodate your injuries
- lawn care, home cleaning, child or elderly care, home maintenance, pet care
- transportation to and from your medical care provider
Damages to Personal Goods
Your vehicle will be handled separately from your personal injury case. However, other personal losses that you incurred are counted. This may include items that were in your car like a computer, dentures, or eyeglasses, etc. Keep a list of all of the items that were broken or destroyed in the accident.
Pain and Suffering
Pain and suffering, also called emotional distress mental anguish, is when someone’s negligent actions cause prolonged mental suffering: fear, depression, humiliation, anxiety, and sleeplessness. Rosengard Law Group will work closely with your medical care providers to create a complete compensation package for pain and suffering and mental anguish.
Loss of Consortium and Companionship
Loss of Consortium, also called “loss of affection”, is a form of noneconomic damage, because the accident can hinder the way you show affection to you spouse or children. If your injury is serious enough to deprive you from being an affectionate husband, wife, or parent, then you and your spouse have the right to seek compensation.
When a person dies as a result of a truck accident, even if it is after the accident (the death is a direct result of the injuries), the surviving qualified family members can seek compensation for their losses under a Wrongful Death suit. We can file a wrongful death case as long as it was the truck accident or complications of the accident that caused the death.
We understand that this cannot help the pain you feel from your loss, but it can minimize the financial strain and allow you to concentrate on healing. Speak with us today about your right to file a wrongful death lawsuit against a trucking company. There’s a statute of limitations we need to discuss.
What Should I Do After A Truck Accident?
- The most important thing to do after being in an accident with a truck is to see medical attention. Call 911 and get to the nearest hospital.
- Do not admit fault, give a statement to the insurance company, accept a settlement offer, or sign anything that the trucking company or their insurance company sends you. Simply tell the adjuster that you are refraining from making a statement until you have spoken with an attorney.
- Call Rosengard Law Group for a FREE CASE EVALUATION with a New Jersey truck accident lawyer: 856-284-6446. We have the knowledge and resources available to pursue compensation for your losses in a complicated case.
- Get a copy of the police report.
- Keep records of all of your property damage.
- Keep records of your doctor visits, treatments, test results, prescriptions, and any pain or accident related symptoms you’re having.
- Keep a detailed list of missed work and additional accident related expenses.
- Do not share any details of the accident on social media.
Truck Accidents Are More Devastating Than Car Accidents
The average semi-truck is about 60 feet long and weighs 80,000 pounds when it’s fully loaded. The average car is about 12 feet and 5,000 pounds. Obviously, the people in the smaller vehicle are more likely to have devastating injuries.
Injuries received in a truck accident are often more severe than a typical car accident related injury.
It is common for people involved in truck accidents to experience:
- Traumatic brain injury and blunt trauma to the head
- Neck and spine injuries, some of which lead to paralysis
- Compound fractures or multiple fractures throughout the body
- Damages to the facial bones which can require reconstruction
- Loss of hearing, speech, or sight due to injuries to the head and/or neck
- Internal hemorrhaging and organ damage
- Loss of limbs
Many truck accident injuries require emergency surgery at the time of the accident, as well as, extensive recovery times and therapies. For some victims, life-long care may be necessary.
Higher Risk of Death
There’s a higher risk of death at the time of the accident and later from the injuries. The CDC has stated that nearly 1 in 5 truck accidents result in at least one casualty.
If you have lost a loved one in a truck accident, speak with Rosengard Law Group today about your rights to seek wrongful death compensation.
Extensive Medical Costs
Truck accidents often require life-saving help such as an air ambulance and emergency surgery. Catastrophic and/or multiple injuries require extensive care.
Medical costs do not stop there. You will need to cover ongoing treatment after the accident, and for some people, lifetime care.
All of these expenses should not be the responsibility of the victim!
Leading Causes of Commercial Truck Accidents
The National Highway Traffic Safety Administration (NHTSA) has stated that there are over 11 million registered semi-trucks operating in the U.S. At any given time, there are over 3 million trucks on the road. According to the Center for Disease Control (CDC), there were over 475,000 truck-related accidents that resulted in injuries or death to the people in the passenger vehicles. That is over 1,300 truck accidents that occur on a daily basis somewhere in the United States.
Accidents can happen for any reason. However, as New Jersey trucking accident attorneys, we have found that there are a few common reasons that truck accidents occur.
These reasons include:
Truck Driver Errors
The driver of the truck may be directly responsible for the accident because they were not properly trained, were inexperienced, texting while driving, speeding, running a red light or stop sign, distracted, or they were too tired to drive. In some cases, the driver may have been under the influence of over-the-counter medications, drugs, or alcohol.
All of these issues can cause the driver to make a costly mistake behind the wheel and cause an accident.
Overworked and Exhausted Driver
Truck drivers are only supposed to operate their vehicles for 10 hours at a time with at least eight hours in between each shift. Trucking companies, however, often schedule distances and deadlines that require the drivers to drive at unsafe speeds or for longer periods of time than allowed by law. These conditions can result in accidents.
If the truck is not being properly maintained by the owner or the trucking company, systems can fail which lead to an accident. Additionally, if repairs were made that were substandard, the failure of those repairs could also lead to a truck accident. Commercial vehicles have set schedules for maintenance that should be adhered to at all times. These truck maintenance issues will be thoroughly investigated.
Similar to poor maintenance, there may be manufacturer issues that cause some system failures. This is a very common issue and must be evaluated closely by an attorney. If the truck was under recall notice and it was driven without doing the repair, the owner and trucking company could be held responsible for the equipment failure.
Cargo Loading Failures
Outside of the trucking industry, most people do not realize that the way a shipment is loaded into a trailer is very important to overall safety. Weight distribution must be done correctly, with certain limits being placed on each axle. Improperly loading the vehicle can cause the loads to shift or make the trailer too hard to control. Again, this will be part of our investigation.
Get Your Questions Answered By A New Jersey Truck Accident Lawyer
A free case evaluation is just a call away. No need to make an appointment. Just call and get answers. Call 856-284-6446
We will tell you your rights as an injury victim, determine which party or parties are responsible for the accident, and seek the appropriate compensation from the responsible parties.
Further reading: NJ car accident lawyer