New Jersey Truck Accident Attorney

What Damages May Be Recoverable in a New Jersey Truck Accident Case?

When a truck accident attorney seeks fair compensation based on your costs and losses, they will need to investigate and document the damages you incurred. This process will lay the foundation for how much you may qualify to recover through a negotiated insurance settlement or court award.

Some of the recoverable damages in these cases include:

• Medical expenses and related costs
• Care and support costs for ongoing needs
• Lost wages to date
• Diminished earning capacity for lasting impairments
• Vehicle repairs and other personal property damage
• Pain and suffering
• Permanent disability or disfigurement
• Emotional distress

Under New Jersey laws, the surviving family members of those who die due to truck accident injuries can recover damages. The victim’s personal representative—the executor of the estate—files the case and seeks compensation, including:

• Funeral expenses and burial costs
• Final medical expenses
• Loss of income and financial support from the victim
• Loss of companionship and guidance
• Loss of their previous household services

Our Team Works With Truck Accident Lawyers in New Jersey to Help You

The Goldwater Law Firm is an award-winning personal injury law firm that has helped injured victims for over two decades. We have earned a strong reputation for winning cases for our clients. We understand that you need compensation and want an attorney who can handle your case while you heal.

Our team has strategic partnerships with many large, successful law firms nationwide, allowing us to serve the wrongfully injured in all 50 states. This includes truck accident lawyers who serve as our co-counsels in New Jersey. We will connect you with a trusted law firm partner near you who will manage your claim and fight for justice for you.

Our co-counsels have access to our robust network of experts, specialists, and investigators. They can call on medical specialists, accident reconstructionists, economists, life care planners, and others to develop your case, document damages, and support your demand for fair compensation.

How Much Will It Cost to Hire an 18-Wheeler Accident Lawyer in New Jersey?

Our co-counsels represent clients on a contingency fee basis. You will not need to pay anything for your attorney to investigate your case and file your claim. They will deal with the trucking company and their insurance company, so you do not have to.

Their fees will come from the money they secure for you in your case. Your agreement with them will stipulate a percentage of your payout that they will receive. You do not have to worry about retainers, hourly fees, or other costs while they navigate the claims process for you.

Contact us today to learn more.

Your Lawyer in New Jersey Will Know How to Prove the Cause of Your Truck Accident Injuries

Our co-counsels understand what causes truck accidents and how to build a compelling case based on the evidence and factors in your accident. This could include:

• Improper lane changes
• Failure to signal
• Tailgating or following too closely
• Inadequate training
• Failure to follow safety protocols
• Poor vehicle maintenance leading to a brake failure or a tire blowout
• Overloading or improperly securing cargo
• Failure to yield
• Failure to obey traffic signs and signals
• Distracted driving
• Driving under the influence of alcohol or drugs
• Fatigue or driver exhaustion, usually violating hours-of-service regulations
• Speeding or driving too fast for road conditions

When a truck driver causes a collision in New Jersey, the victim may have options for seeking compensation. Under the state’s auto insurance laws, all drivers carry personal injury protection (PIP) coverage. Your PIP policy should cover your medical treatment up to policy limits.

However, your PIP coverage will not pay for treatment beyond your policy limits, pain and suffering, or the full value of your lost income. If you want to seek compensation for these damages, you must meet the standards set for serious injury under N.J.S.A. 39:6A-8.

Meeting the serious injury threshold allows you to pursue a fault-based claim against the trucking company or another liable party.

Proving You Suffered Serious Injuries in a New Jersey Truck Accident

If you have serious injuries, your attorney will help you take the necessary steps to get your injuries certified by your primary care physician or another qualifying doctor. New Jersey law stipulates a specific way to certify these injuries, and deadlines apply.

You may have serious injuries if you have suffered injuries such as:

• Traumatic brain injuries
• Spinal cord injuries
• Dislocated fractures
• Internal injuries
• Severe burns
• Amputations
• Loss of function
• The loss of a fetus
• Serious disfigurement

When a big rig accident victim suffers serious injuries in a New Jersey crash, they may require specialized trauma care at a level one trauma facility, such as:

• University Hospital (Newark)
• Robert Wood Johnson University Hospital (New Brunswick)
• Cooper University Hospital (Camden)

Your Attorney Will Determine Who Is Liable for Your Truck Crash Injuries

In many New Jersey truck accident cases, the trucking company or another corporation employing the at-fault commercial driver can be held liable. This is true for several reasons:

• Vicarious Liability: Under the doctrine of respondeat superior, a trucking company is responsible for the actions of its drivers while they are on the job. If the truck driver caused the accident, the company is likely liable for their negligence.
• Negligent Hiring or Training: If the trucking company fails to properly screen, train, or supervise the at-fault driver, it is legally liable for their careless or reckless actions behind the wheel of a big rig.
• Failure to Maintain the Vehicle: If the trucking company fails to properly maintain the truck or trailer and a failure causes the crash, it may be liable. This could occur if the brakes fail or there is a tire blowout.
• Violation of Federal Regulations: Trucking companies must follow strict Federal Motor Carrier Safety Administration (FMCSA) regulations. If the company or its drivers violate these rules, they may be liable for any injuries that occur.
• Overloading: Overloading or improperly loading a trailer can cause problems. If the trucking company overloaded the truck, it could be liable for any incidents or accidents that occur.

In many truck accidents, building a case against the trucking company results in more compensation. They usually have large liability insurance policies and more resources than an individual driver would.

What Evidence Will a Lawyer Use to Prove My New Jersey Injury Case?

When you work with one of our co-counsels in New Jersey, they will investigate and gather evidence to show what caused your crash and injuries. Some common evidence used in these cases includes:

• Police reports filed by the officers who responded to the crash
• Any citations issued or charges filed related to the collision
• Witness statements from drivers, passengers, or bystanders
• Photographs of the accident scene, vehicle damage, and injuries
• The truck driver’s logbook for hours-of-service violations
• Black box data from the truck’s event data recorder, if available
• Truck maintenance records, when necessary, to document the cause
• Accident reconstruction analysis
• Expert testimony
• The driver’s employment history and records showing any prior violations
• Cargo records and other information about loading and securing the load
• Traffic camera or surveillance camera footage
• Dashcam footage, when possible
• Post-accident drug and alcohol testing records
• Documentation of damages and injuries
• Proof to show you meet the serious injury threshold, such as relevant medical records and certification from your doctor

These cases frequently settle without going to trial. However, it is necessary to file a lawsuit and litigate a case sometimes. When this occurs, your attorney will likely have only two years from your accident date to sue based on N.J.S.A. 2A:14-2. Some exceptions exist, but they could have shorter timelines.