Receive Just Compensation for Your New Jersey Commercial Vehicle Accident Injuries
To discuss your potential case and gain knowledge about your rights and options, get in touch with our qualified New Jersey commercial vehicle accidents attorney. Although your case may seem straightforward, taking on a commercial vehicle company can be a complicated and intricate process.
Our legal team is well-versed in handling the challenging litigation required to hold the liable party accountable. To schedule a free and comprehensive case assessment, call New Jersey Injury Lawyers P.C. or fill out an online contact form. Accidents involving commercial vehicles are frequently catastrophic and fatal on the road.
Due to their large carrying capacities, commercial vehicles’ weight difference can have devastating consequences for smaller cars, bicycles, and pedestrians. If you have suffered an injury or lost a loved one due to the negligence of a commercial vehicle driver, you have the right to pursue a personal injury or wrongful death claim against the responsible party in New Jersey.
Why Do I Need a Commercial Vehicle Accidents Attorney in New Jersey?
It’s advisable to consult with a personal injury lawyer as soon as you are physically capable of initiating legal proceedings. Our skilled New Jersey commercial vehicle accidents attorney can provide you with an equal footing in the legal battle. While the insurance companies and their representatives examine the site of the incident, our attorney can guarantee that crucial evidence is not lost or misplaced.
Hiring a commercial vehicle accidents attorney from our team as soon as possible is advantageous for you. Our team can:
- Assist you with conducting investigations for your case
- Ensure that collected evidence is preserved and secure
- Perform negotiations with the insurer on your behalf
- Help you with court proceedings because they have a deeper understanding of state laws
- Help you comprehend the legal protections available to you
- Assist you in seeking compensation for all of your injuries
Our law firm is familiar with the common strategies employed by liable parties and their insurance companies, and we can assist you in navigating the process.
What is Considered a Commercial Vehicle?
Vehicles utilized for business or commercial purposes, such as the conveyance of goods, transport of cargo, and provision of maintenance services are typically categorized as commercial vehicles. Common commercial vehicles include semi-trucks, tractor-trailers, delivery vehicles, commercial buses, and tanker trailers.
To prevent severe accidents, several stringent laws regulate the trucking industry. If a driver contravenes any of these laws, they may be accountable for any damages that arise.
What Distinguishes Commercial Vehicle Accidents From Other Accidents?
Due to their massive size and weight, commercial vehicle accidents can result in severe injuries. Consequently, victims of accidents involving big rigs and other commercial vehicles tend to suffer from the most catastrophic injuries. Treating these injuries and covering the associated medical expenses can be quite extensive.
After an accident, the injured victim will likely require immediate medical attention. Commercial vehicle accident victims may also need paramedics and transportation via ambulance or helicopter. This is usually only the first step in a long road to recovery. The recovery process may involve follow-up surgeries, doctor visits, physical therapy, and other rehabilitation treatments.
Apart from the high medical costs, commercial vehicle accidents can also cause significant property damage. When a large vehicle collides with another object, the impact is often severe, resulting in the total write-off of other vehicles involved in the auto collision. If you have been involved in a commercial vehicle accident, you deserve to work with a top-quality commercial vehicle accidents attorney.
You require a personal injury attorney who is skilled in handling big rig accidents. Do not suffer in silence following your accident. Instead, arrange for a free consultation with New Jersey Injury Lawyers P.C. and receive the help of our aggressive New Jersey commercial vehicle accidents attorney.
What Are the Most Common Causes of Commercial Vehicle Accidents in New Jersey?
Commercial vehicles, such as large trucks and buses, are essential to the economy of New Jersey. However, these vehicles can also pose a significant risk on the road, especially when accidents occur. Commercial vehicle accidents can cause severe injuries, property damage, and even fatalities.
Here are some of the most common causes of commercial vehicle accidents in New Jersey:
Driver Fatigue
Long hours of driving without rest can cause fatigue in commercial vehicle drivers, which can impair their judgment and reaction time, leading to accidents.
Distracted Driving
Commercial vehicle drivers may be distracted by electronic devices, food, or other distractions, leading to accidents.
Poor Vehicle Maintenance
Neglecting regular maintenance of commercial vehicles can result in mechanical failures, such as tire blowouts or brake failures, leading to accidents.
Speeding
Excessive speeding by commercial vehicle drivers can lead to loss of control of the vehicle, which can result in accidents.
Improper Loading
Improper loading of commercial vehicles can cause the cargo to shift during transport, leading to a loss of control and an accident.
Drug and Alcohol Use
Commercial vehicle drivers who use drugs or alcohol while driving can cause accidents due to impaired judgment and reaction time.
Inexperienced Drivers
Commercial vehicle drivers with limited experience may lack the skills necessary to handle large vehicles, leading to accidents.
Weather Conditions
Poor weather conditions such as heavy rain, snow, or ice can make driving more challenging for commercial vehicle drivers, leading to accidents.
Road Conditions
Poor road conditions such as potholes or construction zones can increase the risk of accidents for commercial vehicle drivers.
Other Driver’s Actions
Accidents can also occur due to the actions of other drivers on the road, such as sudden lane changes, failure to yield the right of way, or reckless driving.
What Are the Most Common Commercial Motor Vehicle Accident Injuries?
Collisions involving commercial vehicles can lead to fatal consequences for everyone involved. In cases where the victims survive, they may face prolonged treatment for severe injuries and may have to take time off work to recover. The most frequent injuries that individuals may sustain in such accidents include:
- Traumatic Brain Injuries
- Internal injuries
- Injuries to the spinal cord
- Paralysis
- Internal hemorrhage
- Knee trauma
- Broken ribs
- Fractures
- Herniated discs
- Whiplash
What to Do Following a Commercial Vehicle Accident in New Jersey?
Commercial vehicle accidents can be terrifying and leave those involved with serious injuries and property damage. If you are involved in a commercial vehicle accident in New Jersey, it is crucial to take appropriate steps to protect your safety and legal rights. Here are some steps to take following a commercial vehicle accident in New Jersey:
Seek Medical Attention
If you or anyone else involved in the accident has sustained injuries, seek medical attention immediately. Even if you do not feel any pain or discomfort, it is essential to get a medical checkup to rule out any underlying injuries.
Contact the Police
Contact the police and report the accident, providing all relevant details such as the location, description of vehicles involved, and any injuries. The police will create a report documenting the accident, which can be helpful later in seeking compensation.
Document the Accident Scene
If you can do so safely, take photographs or videos of the accident scene, including the damage to vehicles, any injuries sustained, and any relevant road conditions or signage.
Exchange Information
Exchange information with the other parties involved in the accident, including their names, contact details, insurance information, and vehicle information.
Gather Witness Information
If there were any witnesses to the accident, gather their names and contact information, as their testimony may help determine liability.
Notify Your Insurance Company
Notify your insurance company of the accident and provide them with all relevant information.
Consult a Qualified Personal Injury Attorney
Consult with our competent New Jersey commercial vehicle accidents attorney who can help you navigate the legal process, determine liability, and seek compensation for your injuries and damages.
Avoid Discussing the Accident
Avoid discussing the accident with anyone except the police, your insurance company, and your personal injury attorney. Anything you say may be used against you later, and it is best to discuss the accident only with those who need to know.
Taking these steps can help protect your safety and legal rights and increase your chances of receiving fair compensation for your injuries and damages.
Who Can Be Held Legally Liable for Your Commercial Vehicle Accident Injuries in New Jersey?
Commercial vehicle accidents in New Jersey can cause significant injuries and property damage, leaving victims with substantial medical bills and other expenses. When such accidents occur, determining who is legally liable for the injuries and damages is essential to seek compensation from the responsible party. Here are some parties who may be held legally liable for your commercial vehicle accident injuries in New Jersey:
The Driver
If the driver of the commercial vehicle caused the accident due to negligence, such as speeding or distracted driving, they can be held liable for the injuries and damages caused by the accident.
The Vehicle Owner
The owner of the commercial vehicle can also be held liable for the injuries and damages caused by the accident if they were negligent in maintaining the vehicle or hiring qualified drivers.
The Vehicle Manufacturer
If a defect in the commercial vehicle caused the accident, the manufacturer of the vehicle or its parts may be held liable for the injuries and damages caused by the accident.
The Vehicle Maintenance Provider
If the accident was caused by a failure of the vehicle’s maintenance, such as a faulty repair, the maintenance provider may be held liable for the injuries and damages caused by the accident.
The Government Entity
If the accident was caused due to poor road conditions or inadequate signage, the government entity responsible for maintaining the roads may be held liable for the injuries and damages caused by the accident.
Determining who is legally liable for a commercial vehicle accident in New Jersey can be complicated, and multiple parties may share the responsibility for the injuries and damages. It is crucial to consult our versed commercial vehicle accidents attorney who can investigate the circumstances of the accident and help determine the liable parties.
What Are the Elements Necessary to Prove a Commercial Vehicle Accident Injury Claim in New Jersey?
To prove a commercial vehicle accident injury claim in New Jersey, several elements must be established. These elements help to demonstrate that the other party was at fault for the accident and that you suffered damages as a result. Here are the key elements necessary to prove a commercial vehicle accident injury claim in New Jersey:
Duty of Care
The other party had a duty to exercise reasonable care while driving the commercial vehicle and to obey traffic laws and regulations.
Breach of Duty
The other party breached their duty of care by engaging in careless, reckless, or negligent behavior while driving the commercial vehicle.
Causation
The other party’s breach of duty caused the accident, which resulted in your injuries and damages.
Damages
You suffered physical, emotional, and financial damages as a result of the accident, such as medical bills, lost wages, and pain and suffering.
Negligence Per Se
In some cases, negligence per se may be established, meaning that the other party violated a specific law or regulation that caused the accident. For example, if the other party was driving while under the influence of drugs or alcohol, they may be considered negligence per se.
To prove these elements, our knowledgeable New Jersey commercial vehicle accidents attorney may gather evidence and other documentation related to the accident. We will work to establish that the other party was at fault for the accident and that you are entitled to compensation for your damages.
What Evidence is Needed for Your Commercial Vehicle Accident Injury Claim?
No matter the severity of your injuries, the initial action to take after a motor accident is to seek treatment. The medical reports from your treatment can serve as evidence, documenting the direct link between the accident and your injuries. Our personal injury lawyer can utilize this information during settlement negotiations with insurance companies.
The following essential step is to follow up on the police reports to determine how the accident occurred. Our skilled New Jersey commercial vehicle accidents attorney can manage these technicalities on your behalf, initiating proceedings for you. This documentation is also crucial to your case.
Collecting more evidence from the accident can only improve your chances of obtaining compensation from the insurance company of the at-fault party. Below are the pieces of evidence needed to strengthen your claim:
Eyewitness Testimony
Eyewitnesses to the accident can provide valuable testimony in establishing liability. If possible, collect their contact information and ask them to provide statements regarding what they saw.
Video Footage
If there is video footage of the accident, such as from a dashboard camera or a nearby security camera, it can provide strong evidence in establishing liability.
Expert Witness Testimony
Expert witnesses, such as accident reconstruction specialists or medical professionals, can provide testimony that can establish the other party’s liability for the accident.
Vehicle Maintenance Records
Maintenance records of the commercial vehicle involved in the accident can provide evidence of any negligence on the part of the vehicle owner or maintenance provider.
Driver’s Employment Records
The employment records of the commercial vehicle driver can provide evidence of any negligent hiring practices on the part of the vehicle owner.
Violation of Traffic Laws
If the other party violated any traffic laws, such as running a red light or speeding, it can establish their liability for the accident.
Cell Phone Records
Cell phone records can show whether the other party was distracted by their phone at the time of the accident.
What is the Importance of Securing Evidence After a Commercial Vehicle Accident in New Jersey?
Securing evidence after a commercial vehicle accident in New Jersey is essential for several reasons. Evidence collected at the scene of the accident can be critical in establishing liability and determining the extent of damages sustained by the victims. Here are some reasons why securing evidence after a commercial vehicle accident in New Jersey is important:
Liability Determination
Securing evidence can help determine who was at fault for the accident. This can help determine liability and ensure that the responsible party is held accountable for their actions.
Compensation
Securing evidence can help establish the extent of damages sustained by the victims. This can help ensure that the victims receive fair compensation for their injuries and losses.
Legal Proceedings
In the case of a lawsuit, the evidence collected can be crucial in proving liability and establishing the extent of damages sustained by the victims.
Preservation of Evidence
Evidence collected at the scene of the accident can be crucial in establishing liability, but it can also be lost or destroyed over time. Therefore, it is important to secure evidence as soon as possible after the accident to preserve it for later use.
Insurance Claims
Evidence collected at the scene of the accident can also be used in insurance claims. Having strong evidence can help ensure that insurance claims are paid promptly and fairly.
How Does the New Jersey’s Comparative Negligence Rule Affect Your Commercial Vehicle Accident Injury Claim?
New Jersey follows the comparative negligence rule, which can affect your commercial vehicle accident injury claim if you are found to be partially at fault for the accident. Under this rule, your compensation may be reduced based on your percentage of fault for the accident. Here’s how the comparative negligence rule works in New Jersey:
Pure Comparative Negligence
New Jersey follows the pure comparative negligence rule, which means that even if you are found to be partially at fault for the accident, you can still recover damages from the other party. Your compensation will be reduced based on your percentage of fault.
Calculation of Damages
The damages you are entitled to receive will be calculated based on the total amount of damages incurred, including medical expenses, lost wages, and pain and suffering. The percentage of fault will then be applied to the total damages, and your compensation will be reduced accordingly.
Proving Fault
To determine the percentage of fault, evidence such as police reports, eyewitness accounts, and expert testimony may be used to determine the actions that led to the accident. Your attorney will work to prove that the other party was primarily at fault for the accident and that your percentage of fault was minimal.
Insurance Adjusters
Insurance adjusters may try to shift more of the fault onto you to reduce the amount of compensation they have to pay. It’s important to have our New Jersey commercial vehicle accidents attorney on your side who can protect your rights and negotiate with the insurance company to ensure that you receive fair compensation.
The comparative negligence rule in New Jersey can affect your commercial vehicle accident injury claim if you are found to be partially at fault for the accident. Your compensation may be reduced based on your percentage of fault, but with the help of our versed commercial vehicle accidents attorney, you can work to prove that the other party was primarily at fault and maximize your compensation.
What is the Failure to Mitigate Losses in New Jersey?
The failure to mitigate one’s losses can impact the value of a personal injury claim in the end. The accused party may use the failure to mitigate as a defense to reduce or dismiss a victim’s claims.
This defense is similar to comparative negligence, in that it aims to decrease the victim’s injuries and losses. However, the failure to mitigate is different from comparative negligence, as it does not relieve the defendant of responsibility.
Instead, it reduces the number of damages awarded, given there is evidence showing that the victim could have reasonably prevented the damages caused by the defendant. If the injured victim fails to mitigate damages, this provides a valid reason for the defendant to contest the damages sought by the victim.
Common examples of how a victim may fail to mitigate losses include not returning to work, missing medical appointments, not completing rehabilitation or physical therapy, not seeking medical care immediately after the accident, rejecting a necessary surgery or other medical treatment, and not following medical advice provided by a licensed medical professional.
What Are the Possible Compensatory Damages in a Commercial Vehicle Accident Claim?
The compensation you may receive for a commercial vehicle accident is determined by the particular damages you have suffered. It may also cover damages you are expected to incur in the future. These damages may include:
- Hospital bills
- Extra medical expenses (therapy or medications)
- Expenses incurred for transportation
- Lost income
- Lost future earnings
- Funeral and burial costs in the event of a wrongful death
- Pain and suffering
- Mental anguish
Our competent New Jersey commercial vehicle accidents attorney can calculate the total amount of these damages and determine the value of your non-economic losses, which can then be utilized in the settlement negotiations.
What is New Jersey’s Statute of Limitations for Commercial Vehicle Accident Claims?
In the state of New Jersey, there is a two-year statute of limitations, as per Statute Section 2A:14-2, within which a personal injury lawsuit must be filed. By retaining the services of our commercial vehicle accidents attorney, you have an ally who is well-versed in the laws and can ensure that your lawsuit is filed within the stipulated time frame.
Right Legal Advice From Our Seasoned New Jersey Commercial Vehicle Accidents Attorney
If you have been involved in a commercial vehicle accident, you need a personal injury attorney who understands the complexities of insurance and personal injury civil court litigation in New Jersey. That’s where our commercial vehicle accidents attorney at New Jersey Injury Lawyers P.C. can help. We have the knowledge, resources, and skills necessary to ensure our clients receive the compensation they deserve.
Our personal injury attorneys will handle all legal issues on your behalf, allowing you to focus on your physical recovery and your family. We will manage the confusion and complexity of filing insurance claims, communicating with other attorneys, and pursuing personal injury monetary damages in civil court if necessary.
In addition to commercial vehicle accidents, we can also provide legal advice and representation in car accidents, transit accidents, workers’ compensation, and other practice areas. If you need legal help in New Jersey, contact us today for a free case evaluation. Our commercial vehicle accidents attorney is available and is dedicated to providing a quick response.
