New Jersey Truck Accident Lawyer

Semi-trucks can weigh 80,000 lbs and are extremely dangerous, even at lower speeds. Trucks account for a relatively small number of vehicles on the road, but they are involved in a disproportionate number of fatal collisions. According to the National Safety Council, “In 2022, 5,837 large trucks were involved in a fatal crash, an 1.8% increase from 2021 and a 49% increase in the last 10 years. The involvement rate per 100 million large-truck miles traveled is up 3% from 2021, and up 24% in the last 10 years.” The main problem is the vulnerability of those in passenger vehicles.

The vast majority of truck accidents are preventable and involve some amount of human error. In particular, truck companies routinely push their drivers to complete their routes as quickly as possible, even when this may compromise safety. Victims of truck accidents often suffer catastrophic and life-altering injuries. If you or someone that you care about has been injured due to the negligence of a truck driver, you may have legal recourse. The New Jersey truck accident lawyers at Gersowitz Libo & Korek, P.C. are here to help you. We can investigate the unique facts of your case and let you know if you are entitled to compensation for your injuries. You can reach out to us anytime at 800-529-9997.

Liability For New Jersey Truck Accidents

Any person who is injured in New Jersey may be entitled to damages, regardless of who may be at fault. Every driver in New Jersey must purchase Personal Injury Protection (“PIP”) insurance, according to N.J.S.A. 39:6A-3.2. This insurance operates on a no-fault basis. Victims who are seriously injured in truck accidents may also be able to pursue a negligence claim, according to N.J.S.A. § 39:6A-8(a). There could be numerous sources of liability for any truck accident

• Truck Drivers: A truck driver could be liable for a collision if they committed traffic violations such as speeding, distracted driving, or driving under the influence. They could also be liable for failing to comply with Federal Motor Carrier Safety Administration (FMCSA) regulations. This could include violations of hours-of-service rules.
• Truck Companies: There could be numerous sources of liability on behalf of a truck company. (1) They may have hired an unqualified driver or failed to provide adequate training. (2) The truck company may not have properly maintained their fleet. (3) A truck company may have instructed their driver to violate safety regulations.
• Truck Manufacturers: The company that manufactured a truck or any of its component parts could be liable for a collision. For example, faulty tires on a truck can lead to a tire blowout and cause a truck driver to lose control of their vehicle.
• Cargo Loaders: There are specific regulations with respect to how a commercial truck can be loaded. Improper loading can result in cargo shift and cause a driver to lose control.
• Other Drivers: It is possible that more than one driver could contribute to a truck accident. Other drivers could be liable for a truck accident if they made dangerous or illegal maneuvers.
• Government Agencies: Cities and other municipal entities have a legal obligation to maintain their roadways in a reasonably safe condition. If a pothole or other roadway defect contributed to a crash, the government agency responsible for the road could be held at fault.

Semi-truck accidents can be extremely complex events. Elements that could contribute to a truck accident could take place hours, days, or months prior to a collision. Commercial trucks are substantially more difficult to operate than passenger vehicles. This is why it is so important that all truck drivers are properly trained to operate their vehicles. The proper safety techniques for handling a truck can be very important during adverse weather and when trucks go down hills.

Common Causes of Truck Accidents

Truck companies are primarily concerned with transporting deliveries as quickly and efficiently as possible. But this desire often creates a certain level of tension with safety regulations. In fact, nearly one in ten truck drivers involved in a fatal collision reported feeling under pressure from their carrier. Several other factors could potentially contribute to a truck accident.

• Fatigue: Truck drivers can spend long hours on the road and may naturally become dangerously fatigued. The Centers for Disease Control has estimated that staying awake for only 17 hours can impact a person’s ability to drive safely equal to driving with a blood alcohol concentration (BAC) of 0.05%.
• Driver Intoxication: Small amounts of alcohol can dramatically impair a truck driver’s ability to operate their vehicle safely. Even prescription medications can make it unsafe for a person to operate a motor vehicle.
• Following Too Closely: Many collisions involve truck drivers who were following the lead vehicle too closely. Trucks are extremely heavy and have a long stopping distance. A fully loaded commercial truck traveling at freeway speeds can take the length of two football fields to come to a stop.
• Weather Conditions: Adverse weather conditions such as rain, snow, fog, and icy roadways all make truck accidents more likely. Truck drivers should typically abstain from driving during very bad weather. But poor weather conditions can materialize quickly and without warning.
• Overloading: Commercial trucks can only carry so much cargo safely. When a truck is overloaded, this will increase stopping distances and could lead to brake failure.
• Speeding: Traveling at unsafe speeds is a leading cause of truck accidents. Even if a truck driver is traveling at the speed limit, this could still be unsafe, depending on the prevailing conditions of the roadway.

Truck companies have an obligation to understand the common causes of truck collisions and take steps towards prevention. This includes ensuring that all of their drivers receive regular training and updates on safety practices. It also includes keeping all of the trucks in a fleet in good working condition through periodic inspections and maintenance. Safety considerations should always be at the forefront of any delivery trip.

Why It’s Important To Gather Evidence After A Truck Accident

Evidence can help paint a clear picture of what caused an accident, regardless of what any person may claim. After a truck accident, the authorities will create a police report in which they document the scene. But police reports are far from exhaustive and don’t always identify all of the liable parties for a collision. It’s important to collect and analyze as much evidence as possible. Much of the important evidence that needs to be collected requires extensive legal work and subpoenas. What follows are some of the lines of evidence that should be considered after a truck accident.

• Photos: It is always a good idea to take photos of crash sites, so long as this can be done safely. These photos can help reveal what happened. For example, a lack of skid marks on the roadway may demonstrate that one driver never even attempted to brake.
• Eyewitnesses: Most accidents happen on public roadways, and there are typically at least a few eyewitnesses. It is important to collect their contact information so that they can corroborate what happened.
• Surveillance Footage: Intersections are often covered by traffic cameras. Businesses may also have recorded the collision through their security cameras. But cities and businesses usually won’t hand this footage over. However, your attorney can request this evidence through subpoenas to help build your case.
• Event Data Recorders: Commercial trucks are usually equipped with event data recorders. These devices function in much the same way that “black boxes” do on airplanes. They record key pieces of information, such as vehicle speed, and can be quite valuable when working to determine what a truck driver was doing prior to a crash.
• Logbooks: Truck drivers are required by law to maintain a logbook of their work hours. These logbooks can help reveal if a truck driver was traveling for too many hours in a set amount of time.

It is important to work quickly after any truck accident. Much of the evidence left behind cannot survive without direct intervention. This is one of the reasons it is so important to have a skilled personal injury attorney help with any claim. An attorney can take steps to make sure critical pieces of evidence are not tampered with or destroyed in any way. The evidence that they gather and preserve can help establish liability, support insurance claims, and be used in legal proceedings.

Why You Should Hire A Truck Accident Lawyer

A truck accident can affect every part of a person’s life. The injuries from these collisions can prevent a person from being able to go to school, work, or take care of their family. Even after a person is able to recover from a truck accident, the lasting impact of the crash can leave them with long-term pain, reduced mobility, and diminished earning potential. It is crucial that victims of truck accidents take certain steps in order to preserve their rights. This begins by having a skilled attorney evaluate what happened. Here are just a few of the reasons to hire a New Jersey truck accident lawyer.

• Legal Knowledge: Truck accident claims can be substantially different from claims with passenger vehicles. They involve a unique set of federal and state regulations that govern the trucking industry. An attorney has in-depth knowledge of the relevant laws and regulations and is therefore in a good position to identify violations that may have contributed to an accident.
• Thorough Investigation: Gathering evidence after a truck accident is not a straightforward process. It can require taking multiple companies to court to get certain records. An attorney is able to conduct a thorough investigation and identify all possibly liable parties. They can also hire expert witnesses to help support your case.
• Accurately Assessing Damages: One of the key advantages of hiring an attorney is that they can assess all of the long-term damages that people experience. This includes future medical bills along with a person’s pain and suffering. They will then use this information to help you get the most compensation possible.
• Handling Insurance Companies: Dealing with insurance companies can be extremely challenging. They are directly motivated to pay accident victims as little as possible. A truck accident attorney understands the tactics that insurance providers use and can therefore negotiate more effectively on your behalf.

There is no need to worry about any up-front costs when you’re considering hiring an attorney. Truck accident attorneys work entirely on a contingency fee basis. In other words, they only get paid by the opposing party if they are able to successfully resolve your claim. There is a tremendous peace of mind that comes with having a skilled legal advocate fight on your behalf. If you’ve been injured in a truck accident, having legal representation can make all the difference in the world.

Getting Legal Help After A Truck Accident

The New Jersey truck accident lawyers at Gersowitz Libo & Korek, P.C. have dedicated their careers to helping accident victims. They have decades of experience and are widely recognized for their skilled and passionate advocacy. In fact, our legal team has an A+ rating by the Better Business Bureau and is listed as one of the Best Law Firms by U.S. News and World Report.

But don’t simply take our word for it. Our lawyers have consistently achieved some of the highest verdicts and settlements for accident victims. This includes a $9.5 million settlement for a man injured by a sanitation truck and a $7.25 million settlement for a bicyclist injured by a delivery truck. If you’ve been injured due to the negligence of a truck driver, you may have legal recourse through a civil claim. Whether you just have legal questions or are wondering how an attorney may be able to help with your situation, we are here for you. You can reach out to us anytime at 800-529-9997.