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.
Whether the incident 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 856-284-6446 today, and get a FREE AND IMMEDIATE CASE EVALUATION by a knowledgeable New Jersey truck accident lawyer.
Rosengard Law Group will work on your behalf to seek compensation from all responsible parties.
We’re Prepared To Deal With The Trucking Company’s Insurance and Attorneys
Insurance policies for commercial vehicles can be complicated.
There are often multiple policies with different coverages, your accident may involve multiple responsible parties, and most of these policies can have values in the millions.
Insurance adjusters know that these are valuable policies, and they know that the expenses associated with a truck accident are extremely high.
Insurance companies put their very best adjustors on these cases, because they need to be slick to “minimize costs” for the company.
Although insurance policies are supposed to be in place to protect injury victims, the truth is, insurance companies do not like to pay out on any policy.
The insurance adjuster is going to do everything possible to reduce the value of your compensation, including tricking you, using statements out of context, and “forgetting” benefits that are owned to you.
You’ll be up against the trucking company’s investigators and attorneys, so you’ll need someone in your corner, at the scene of the accident, to take pictures, gather evidence, and interview witnesses.
We will also get the police reports, trucking company records, and safety logs.
Because our lawyers fight so hard for our clients and never shy away from going to trial, trucking company attorneys know they need to take our clients seriously.
The trucking company knows that our NJ truck accident lawyers cannot be outworked or outsmarted and that we won’t accept a settlement for anything less than the maximum compensation.
Our New Jersey Truck Accident Lawyers Will Fight To Prove That The Trucking Company and Driver Were At Fault
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 NJ 18-wheeler 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, so this would prove negligence.
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
- All cargo must be within specifications and loaded correctly.
- Hazardous materials (HazMat) must be in 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.
- All oversized loads must be placed appropriately on trailers and marked accordingly. An escort must be assigned to the truck for the entire trip
- Drivers cannot drive more than 10 hours in any given shift
- Drivers must have a minimum of eight hours in between each shift before going back on the road
- The use of any controlled substance, alcohol, and some prescription medications are prohibited
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 NJ truck accident attorneys 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, your attorney can file a claim for compensation.
What Types Of Compensation Is Available For NJ Truck Accident Victims?
Your New Jersey truck accident attorney will discuss the types of compensation that you can seek.
We question 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 calculate the total amount of compensation needed to make sure you can care for yourself and your family for the rest of your lives.
If the trucking company and their attorneys refuse to offer a settlement that fully compensates you and your family for injuries sustained and present and future losses, we take your case to trial, and FIGHT for MAXIMUM COMPENSATION in court.
Types and amounts of compensation will be based on the facts of the case. Your attorney may seek one or more of the following types of compensation:
All medical bills related to the injury from the time of the accident on will be part of this compensation.
If you are required to have additional, continuing, or life-long care, your New Jersey truck accident attorney will combine this into one lump sum for medical costs.
Lost Wages and Benefits
Any lost wages or employer-sponsored benefits that you have lost as a result of the injuries from the accident will be included in your compensation package.
This includes lost wages, lost health insurance premiums, and lost employer-sponsored contributions to your retirement plan.
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.
Cost of Services
- Costs for medical supplies for treatment at home
- Costs to update your home to make it compatible with permanent injuries: installing ramps, widening doorways or changing bathroom fixtures
- Costs to have your vehicle changed to accommodate your injuries
- Costs associated with paid services: lawn care, home cleaning, child or elderly care, home maintenance, pet care
- Costs for 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, dentures or eyeglasses, etc.
Pain and Suffering
Your New Jersey truck accident lawyer is going to 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
If the truck accident changes the way you physically interact with your spouse, you and your spouse have the right to seek compensation.
If the accident resulted in the loss of life, certain family members have the right to seek compensation for their losses. Speak with an attorney about your right to file a wrongful death lawsuit against the trucking company.
What Should I Do After A Truck Accident in NJ?
- 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 NJ truck accident 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 truck accident related symptoms you’re having.
- Keep a detailed list of missed work and additional truck accident related expenses.
- Do not share any details of the truck accident on social media.
How Much Does A NJ Truck Accident Lawyer Cost?
Rosengard Law Group works on a contingency basis, which means we only get paid when we win a settlement for you. We only make a percentage of that settlement, so you don’t have to pay us at all.
Working on a contingency basis helps to level the playing field, because you won’t need to fork out any money to get the legal representation you’ll need to go up against the trucking company’s unlimited resources.
Don’t hesitate to call. It’s the smartest way to project your rights and get the maximum compensation.
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 or care at the time of the accident as well as extensive recovery times and therapies. For some, 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.
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.
If you have lost a loved one in a truck accident, speak with Rosengard Law Group today about your rights to seek compensation.
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.
Extensive Medical Costs
Catastrophic injuries or multiple injuries require extensive care.
Life-saving help such as an air ambulance can significantly increase the cost of care.
Emergency surgeries and recovery time are also very expensive.
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!
Increased Property Damages
Most cars are totaled after a truck accident.
Leading Causes of Truck Accidents in New Jersey
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 incident because they were not properly trained, were inexperienced, were distracted, or they were too tired to operate the vehicle. 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 act incorrectly behind the wheel and cause an accident.
OverWorked and exhausted Truck 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 actions can result in accidents.
Truck Maintenance Issues
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 the truck having an accident. Commercial vehicles have set schedules for maintenance that should be adhered to at all times.
Truck Equipment Failure
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 your attorney. If the truck was under recall notice and operated without the repair, the owner or 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 truck 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.
Truck Driver Negligence
Some of the reasons are just pure negligent actions of the driver or their company.
The more common of these actions include:
- Operating the truck on a non-designated truck route
- Failure to obey traffic laws
- Failure to supervise the truck driver to ensure that breaks have been taken and they are not on the road over their allotted time each day.
- Failure to conduct safety inspections
- Failure to train drivers in safety issues
Further reading: Truck Accident Statistics
Speak with Adam Rosengard Today and Get Your Questions Answered By A NJ Truck Accident Lawyer
Call 856-284-6446 today, and get a FREE AND IMMEDIATE CASE EVALUATION.
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.