How NJ Law Handles Commercial Motor Vehicle Accidents

Accidents involving commercial motor vehicles (CMVs), including delivery vans, semi-trucks, company pickups, or fleet cars, can cause devastating and life-changing injuries when involved with passenger vehicles. If you’ve been injured in New Jersey because a commercial driver was negligent or a company failed to follow safety regulations, you have the right to pursue significant compensation. 

How is this possible? New Jersey law is designed to protect you in these cases, and our experienced car accident lawyers at Morelli Law can help you take legal action. 

What Is a Commercial Motor Vehicle (CMV) Under New Jersey Law? 

Under New Jersey Statutes Annotated (N.J.S.A.) § 39:1-1, a commercial motor vehicle is broadly defined as any vehicle used in commerce that transports passengers or property. Common examples include: 

• Semi-trucks and tractor-trailers 
• Box trucks and cargo vans 
• Delivery vehicles (e.g., Amazon, UPS, FedEx) 
• Construction vehicles (e.g., dump trucks) 
• Corporate cars or SUVs used for business purposes 

These vehicles are subject to state and federal safety regulations that don’t apply to ordinary drivers. When a company or driver violates these laws and causes an accident, they may be liable for damages. 

New Jersey Is a “No-Fault” State—But There’s an Exception 

New Jersey is one of several no-fault states, meaning your own Personal Injury Protection (PIP) insurance typically covers your medical bills and lost wages after an accident, regardless of who caused the crash. 

However, if you suffered a catastrophic injury, you are allowed to step outside the no-fault system and file a personal injury lawsuit against the at-fault party. These types of injuries include: 

• Spinal cord damage 
• Traumatic brain injury (TBI) 
• Permanent disfigurement 
• Loss of a limb 
• Wrongful death of a loved one 

In commercial vehicle accidents, the at-fault party could be the driver, the employer, the vehicle manufacturer, or even the company responsible for maintenance or loading. 

Liability in New Jersey Commercial Vehicle Accidents 

New Jersey follows a modified comparative negligence rule under N.J.S.A. § 2A:15-5.1. You can recover damages as long as you were not more than 50% at fault for the accident. If you’re found partially at fault, your compensation is reduced proportionally. 

When a commercial vehicle is involved, liability often extends beyond the driver:

1. Commercial Driver Liability

If the commercial driver was speeding, distracted while driving, impaired, or violating traffic laws, they can be held personally liable. But they often aren’t the only party responsible. 

2. Employer Liability 

Under the legal doctrine of respondeat superior, employers can be held responsible for the negligent actions of their employees, as long as the accident occurred within the scope of employment. This is important in New Jersey because many commercial drivers are working when crashes occur (delivering packages, commuting between job sites, or transporting goods). 

If a delivery driver runs a red light while on the job and causes a crash, their employer can be sued alongside the driver.

3. Negligent Hiring or Supervision

Employers also have a direct duty to hire safe drivers and properly supervise them. A company may be liable for: 

• Failing to conduct background checks 
• Ignoring prior DUI or reckless driving convictions 
• Not providing adequate training 
• Allowing drivers with suspended licenses to operate vehicles 

In cases involving repeat offenders or unqualified drivers, punitive damages may be available. 

4. Maintenance Companies and Fleet Contractors 

Some businesses outsource vehicle inspections, maintenance, or repairs. If faulty brakes, steering issues, or tire blowouts caused the accident, the contractor or maintenance provider may be at fault. 

New Jersey law allows you to file claims against third-party vendors or contractors whose negligence contributed to your injuries. 

Federal Motor Carrier Safety Regulations (FMCSRs) 

These are nationwide rules overseen by the Federal Motor Carrier Safety Administration (FMCSA). They cover: 

• Hours-of-Service (HOS) limits 
• Drug and alcohol testing requirements 
• Driver qualifications 
• Vehicle inspection and maintenance 
• Cargo loading and securement 

Violations of these regulations can be powerful evidence in a New Jersey personal injury lawsuit. 

New Jersey Commercial Vehicle Laws 

In addition to federal rules, New Jersey imposes its own safety standards, such as: 

• Weight limits and size restrictions 
• Route restrictions for oversized vehicles   
• Mandatory commercial driver licensing (CDL) 
• Inspection and emissions requirements 

State law also authorizes random roadside inspections of commercial trucks by the New Jersey Motor Vehicle Commission (MVC). 

If the vehicle involved in your crash was out of compliance with any of these standards, it could bolster your claim. 

Evidence in a Commercial Vehicle Accident Case

Commercial accident cases require in-depth investigation. Evidence may include: 

• Driver logs and HOS records 
• Dash cam or surveillance footage 
• Black box data (event data recorders) 
• Maintenance and inspection logs 
• Drug and alcohol test results 
• Witness statements 
• Employment and training records 

Because many of these documents are in the hands of the trucking company or employer, it’s essential to act quickly. Our New Jersey truck accident lawyers can send preservation letters to secure critical evidence before it’s lost or destroyed. 

What Compensation Can You Recover? 

In New Jersey, victims of commercial vehicle accidents may be entitled to compensation for: 

• Medical expenses (past and future) 
• Lost wages and loss of earning capacity 
• Pain and suffering 
• Disability or disfigurement 
• Emotional distress 
• Wrongful death damages (for surviving family members) 

In cases of egregious misconduct or gross negligence, punitive damages may also be awarded. 

Take the First Step Toward Justice  

At Morelli Law Firm, we have a long track record of helping victims of catastrophic accidents secure full and fair compensation. Our team understands the unique challenges of commercial vehicle litigation and is ready to fight for your future. 

If you’ve been catastrophically injured in a commercial motor vehicle accident in New Jersey, you don’t have to navigate the legal system alone. Let our experienced attorneys help you hold negligent parties accountable and secure the compensation you deserve. Contact us today for a free consultation.