Who is Liable for My New Jersey Truck Accident?
Depending on the circumstances, several parties may be held liable after a truck accident, including the truck driver, trucking or shipping companies, or the truck manufacturer, among others. Here we’ll detail how each party can play a role in contributing to a truck accident, so you’ll know what to expect as you consider filing a personal injury lawsuit. If you have further questions or concerns about liability, contact us at Harrell Law Firm. When you work with us, you put experience on your side with our team of veteran injury attorneys.
Potentially Liable Parties After a Truck Accident
Sometimes it isn’t clear what happened in the moments before a crash. But if you’re severely injured, faced with a lengthy recovery and mounting medical bills, you deserve the truth so you can focus on your health. When you hire a New Jersey truck accident attorney, our firm leaves no stone unturned in the search for the truth. We can take sworn depositions under oath, obtain maintenance records, and research similar incidents with the make and model of the truck involved in the accident. We can also look at logbooks and recording devices, interview eyewitnesses, consult mechanics and accident reconstructionists, and call doctors to testify to your injuries.
After a truck accident investigation, any of the following parties can be found and held liable:
The Truck Driver
The driver is often the first to consider when determining liability. They owe everyone on the road a “duty of care.” If that duty is breached, the truck driver can be held responsible. They must act in a reasonably prudent manner and follow the rules of the road.
Duty of care means the truck driver must obey the speed limit, use a turn signal, wait a few seconds before attempting to change lanes, and stop at red lights and stop signs. They must also focus on the task of driving, abstain from drugs and alcohol, get adequate rest, and service the vehicle regularly.
Due to the amount of time they’re on the road, truckers are held to a higher standard, whereby they are legally required to take breaks and maintain a logbook of their hours. They must take at least 30 minutes of rest after driving an 8-hour shift, and then they must take at least 10 hours off duty after being on duty for 14 hours. Logbooks and onboard recording devices can serve as valuable evidence in these cases.
The Trucking Company
Trucking companies are held liable more often than you think. Often, trucking brokerage firms carry larger insurance policies, not to mention great responsibility for ensuring the cargo arrives safely at its destination. In addition, while truck drivers are typically responsible for inspecting various vehicle components before heading out for the day, trucking companies also have routine schedules of maintenance they must abide by to keep their fleets road worthy.
The Federal Motor Carrier Safety Administration (FMCSA) requires trucking companies to rotate and replace worn tires, replace fluids and brake pads, and ensure that all windows, mirrors, and lights work so drivers can survey and react to their surroundings in a reasonable manner.
In some cases, trucking companies fail to adequately screen, hire, train, or supervise drivers. They may even encourage drivers to speed, break federal hours regulations, or falsify their logbooks to make strict deadlines. They may hire drivers without obtaining mandatory proof of a Commercial Driver’s License (CDL), a background check of one’s driving record, and vetting for a history of drug or alcohol abuse.
Employers may place extreme pressure on drivers and urge them to get on the road, despite fatigue or illness. However, when accidents are caused by intoxication, reckless behavior, or distracted driving, it is up to the trucking company to investigate, reprimand, and keep a close eye on the driver for subsequent violations. In some cases, irresponsible drivers should be placed on leave or terminated.
The Truck Manufacturer
Sometimes the vehicle is deemed defective and unsafe, even if properly maintained. For example, a truck’s design may be too high, putting it at risk of tipping over and causing catastrophic injuries. Faulty rubber used in manufacturing may cause a tire to deform and the tread to separate prematurely. Failure to warn about known issues, such as providing operator instructions for the air brakes, could indicate manufacturer negligence.
Some accidents can be traced back to known issues with the tires, brakes, fuel systems, steering columns, electrical systems, accelerators, coupling systems, or loading straps. There doesn’t always need to be a product recall in place to pursue a claim against the truck or truck component manufacturer, though that can be a helpful piece of evidence when available.
The Shipping Company
Shipping companies serve as middlemen to safely load and secure the cargo, as required by FMCSA rules. Every truck has specific weight requirements for what can safely be hauled. Failure to adhere to these guidelines can interfere with the truck’s stopping power, ability to change direction and increase the risk of a blowout.
Improperly loaded cargo that shifts during transport can increase the risk of jackknife accidents where the trailer swings forward and away from the truck cab—a situation that can be very difficult to control once it’s happening.
Tanker trucks should be filled to the top to avoid sloshing, which is distracting and can increase the risk of a rollover or jackknife accident. Shipping companies are also responsible for verifying that the driver has a license, registration, and clean driving record as one more step in a multi-level process of keeping the roads safe for all motorists.
Multiple Parties
It should be noted that truck accident attorneys will examine every possible angle, as multiple parties may share in a percentage of total liability for causing the accident.
Your Insurance Company
New Jersey is a no-fault insurance state, meaning that your own insurance company will kick in to cover most or all medical expenses, no matter who is at fault for causing the accident. However, there are often limits to what you can recover from your insurance provider. If you are injured in a truck accident, you can still pursue a civil lawsuit to receive additional compensation for your pain and suffering, and for medical bills not covered by no fault. You may also be entitled to lost wages or other economic damages.
Comparative Negligence
Like many states, New Jersey is a comparative negligence jurisdiction–meaning that you can also be held liable for contributing to the crash, which could either lower the amount of recovery you’re seeking or negate your ability to pursue a claim. Therefore, it’s best to contact an experienced New Jersey truck accident lawyer who can help substantiate your version of the truth and prove third-party negligence beyond a shadow of a doubt.
Contact a New Jersey Truck Accident Attorney at Harrell Law Firm for a Free Consultation
Every year, 5,000 large truck related fatalities and 100,000 serious injuries occur in America. These figures are up 43% over the past decade. Therefore, it’s essential to consider every possible avenue you can to get the money you need to pay for your rehabilitation. Contact us at Harrell Law Firm for a free consultation with an experienced New Jersey truck accident lawyer. The initial consultation offers a no-obligation opportunity to ask questions and determine whether you have a valid claim for compensation.
