South Jersey Truck Accident Lawyers

Truck Accident Lawyers in Pennsauken and Cherry Hill

Getting Compensation for Injuries in a Truck Accident in New Jersey

Accidentes de Camiones

Because of the size and weight of big trucks, truck accidents can result in serious injuries or death. If you suffer an injury in an accident involving a big rig, you may get compensation for your injuries. A trucking accident attorney can evaluate your case and determine whether you can get compensation from a truck driver, the driver’s employer, the owner of the truck or someone else responsible for the accident.

Statistics on truck accidents

Statistics compiled by the Federal Motor Carrier Safety Administration (FMCSA) show an increase in the number of truck accidents from 2016 to 2017 in the United States:

• Fatal crashes involving large trucks spiked by 10 percent — to 4,657 from 4,251.
• The number of large trucks involved in fatal crashes per 100 million miles traveled rose six percent — to 1.56 from 1.48.
• Injury crashes involving large trucks went up five percent — to 107,000 from 102,000.
• Crashes with property damage only involving large trucks increased by three percent — to 363,000 from 351,000.

Trucking Regulations

If you suffer an injury in a trucking accident, you will need a lawyer with a thorough knowledge of trucking regulations. On the federal level, the U.S. Department of Transportation and the FMCSA regulates drivers and trucking companies. On the state level, the New Jersey Department of Transportation governs the trucking industry.

Between the federal and state authorities, dozens of regulations and laws govern the trucking industry. These rules address everything from how much a truck can weigh to how many hours a driver can be behind the wheel. 

For example, a driver of a commercial vehicle weighing over 26,000 pounds must have a Commercial Driver’s License. The driver must comply with physical and entry-level training requirements. They cannot drive over 11 hours after 10 consecutive off-duty hours. The driver must also keep logbooks.

These regulations exist to protect the safety of truck drivers and everyone who shares the road with them. When these rules are broken, serious injuries may result. A trucking accident lawyer will investigate your case to determine whether drivers followed applicable regulations.

Causes of truck accidents

Truck accidents can result from many different factors. Because the causes of a truck crash can be complex, every truck accident claim is different. What happens in someone else’s case may not be what happens in your case.

Common causes of truck accidents include:

• The driver falls asleep or drives when exhausted.
• The driver is distracted, for example, texting and driving or checking GPS.
• The driver is exceeding the speed limit or driving too fast for weather conditions.
• The driver is inexperienced or lacks proper training.
• The truck is defective or has a defective part, like faulty breaks.
• The truck is not properly maintained.
• The load in the trailer is unsecured or stacked improperly.
• The driver is under the influence of alcohol, drugs or using medication that they should not take when driving.
• The driver engages in road rage or drives aggressively.
• The driver changes lanes without checking blind spots.

Who is at fault in a truck accident case? The answer depends on which factors caused the crash. Sometimes, a driver’s exhaustion or distraction causes a crash. In other cases, the driver could have done nothing to prevent the crash – the accident was caused by the trucking company’s failure to maintain its trucks, the maintenance crew’s negligence in making repairs, a loading team’s failure to load cargo properly, or a truck manufacturer’s shortcomings in creating a vehicle free of defects. 

Getting to the true cause of a truck crash can be tough. It’s even harder if you’re struggling to recover from severe injuries. An experienced New Jersey truck accident attorney can help.

Injuries in trucking accidents

Accidents involving large trucks can result in devastating injuries. Large trucks may stand up to 14 feet tall and weigh 80,000 pounds or more. A passenger vehicle, by comparison, usually stands about five to six feet tall and weighs 2,500 to 3,000 pounds. When the two collide, the passenger vehicle doesn’t stand a chance. 

Common types of injuries suffered in truck crashes include:

• Head, neck, and back injuries. Broken bones, tissue damage, and scarring can lead to lifelong pain, problems with moving, and disfigurement. Scars anywhere on the body become a constant reminder of what you endured.
• Brain and spinal cord injuries. These injuries are often the most severe and difficult to treat. If a brain injury is severe or the spinal cord is severed, the injured person may require lifelong specialized care. The costs of these injuries can be quite high.
• Broken bones and damaged tissues. Broken bones, damaged nerves, and other blunt force injuries may require surgery to treat. A long process of healing and rehabilitation may be required. In some cases, the damage is permanent.  

Injuries can be life-changing, may result in permanent damage, and may require long-term treatment. While you may in time find a “new normal,” the life you knew before the crash is gone forever. An experienced attorney can help you secure the compensation you need to rebuild a life after a crash.

Proving Liability for a Truck Accident

In a truck accident, you must prove the truck driver was negligent to impose liability. For example, you can show the driver was operating their truck recklessly or over the speed limit. If you show the driver is liable, the driver’s employer is also liable. In negligence cases, you cannot recover compensation if your fault caused over 50 percent of the accident. If your fault is 50 percent or less, it reduces the amount of your recovery.

Parties other than the driver and their employer may be liable. The company that owns or maintains the truck may be at fault. A lawyer may show a repair shop performed work on the truck in a negligent fashion.

A manufacturer can be liable if a defect in the truck or a part of the truck caused the accident. You do not have to prove the manufacturer or seller of the truck or part was negligent. You only have to show that the truck was defective and that the defect caused the truck accident.

Getting compensation for injuries in a truck accident

If you suffer injuries in a truck accident, you can get compensation from the at-fault person. You can recover compensation for your medical expenses, lost wages, and your pain and suffering.

What To Do After a Truck Accident

If you or someone you loved was involved in a truck accident, you may be unsure what to do next. What you do immediately after an accident is important. Here is a list of steps to follow in the aftermath of a truck crash:

• Call 911.
• Get medical attention if you or someone else is injured.
• Take pictures. Get photos of any debris scattered at the scene, damage to the vehicles, and skid marks on the road.
• Get contact information. Get the name and phone number of anyone who witnessed the accident.
• Exchange insurance information with the other driver(s).
• See a doctor right away. Some injuries do not manifest right away.
• Keep all records of medical treatment and doctor visits.
• Report the accident. In New Jersey, you must report a truck accident to law enforcement and the Motor Vehicle Commission Agency if a person is injured or killed, or there is over $500 in property damage.
• Contact a lawyer. A lawyer can begin to investigate the truck accident and start to negotiate a settlement to get you reasonable compensation for your injuries.

Getting Legal Help

You can get a free consultation with a lawyer to evaluate your case. What will a truck accident lawyer do after you hire them to take your case?

• Visit the scene of the accident.
• Talk to witnesses.
• Hire experts to examine the truck for defects or to reconstruct the accident.
• Check to see if the driver and trucking company followed trucking regulations.
• Get information from the truck’s electronic control module, the equivalent of an airplane’s black box, about the accident.
• Review your medical records and talk to your doctors to determine the extent of your injuries.

In New Jersey, you have two years to bring a suit to recover compensation for your injuries in a truck accident. Truck accident cases are difficult, so you need to hire a lawyer soon after the accident. While you recover from your injuries, your attorney will negotiate with the insurance company or attorneys on the other side to get you reasonable compensation for your injuries. Most cases settle, but if a settlement is not reached, the lawyer will take your case to court.

Did you suffer an injury in a truck accident? You may get compensation for your injuries. Talk to an experienced truck accident attorney at Petrillo and Goldberg at 856.249.9295 or visit https://www.petrilloandgoldberg.com/ to learn more.