After suffering injuries in a trucking accident, you may have the option to seek compensation from the driver and any other potentially liable parties. This could allow you to recover lost wages, medical bills, and other damages resulting from the collision.
You don’t have to file your personal injury claim or lawsuit alone. When you hire a truck accident lawyer on our team, you can leave the tough legal work to us. Our lawyers at Morelli Law Firm can help you determine liability, prove the truck driver’s negligence, and more.
What Are Your Legal Options After a Truck Accident?
If you know that the trucker caused the collision due to careless driving or some other form of negligence, you may be eligible to bring a case against them for compensation.
Because New Jersey has a no-fault insurance policy, you must file a claim with your own auto insurance company. If your damages exceed your policy limits, you can then pursue a claim or lawsuit against the liable party.
A lawyer from our firm can advise you on the best steps to take following a truck accident in order to seek compensation for your injuries.
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Who Can You Hold Liable After a Truck Accident?
One of the first things our team will do is determine liability for your case. In truck accidents, the truck driver, the trucking company, or both parties are often liable.
Truck Driver Liability
In order for the truck driver to be liable, they must have been negligent or careless in their operation of the vehicle. Examples of negligence in truck accidents include:
- Texting while driving
- Following too closely
- Not driving in designated lanes
- Failing to use turn indicators
Truck drivers who are general contractors may carry their own commercial insurance, and it is this insurance company which you would file a claim against.
Trucking Company Liability
A trucking company may be liable if a truck driver they employ causes an accident due to negligence while on the job.
Trucking companies may also be liable for failing to maintain the truck, failing to ensure cargo was loaded onto the truck properly, or encouraging the driver to violate rules regarding hours of service and breaks.
Liability may be easy to determine, but it can be difficult to prove. We can ease this process to limit any further stress you experience in the aftermath of the collision.
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Other Factors that May Affect Your Truck Collision Case
Some of the factors that may affect your case’s outcome include the amount of evidence available to prove liability and the severity of your injuries.
Liability and negligence in collision cases go hand-in-hand. You cannot prove that the truck driver is liable without showing how they were negligent during the accident.
Proving negligence in a truck accident injury case requires:
- Demonstrating how the truck driver was negligent (e.g., providing proof of speeding using the police report)
- Showing that the act of negligence directly led to the collision
- Proving that the collision is the direct cause of your injuries and financial damages
The Severity of Your Injuries
The severity of your injuries directly correlates to the damages you suffered from the collision and the amount of compensation you qualify to collect. Serious injuries can lead to higher medical bills and a greater overall impact on your life.
For these reasons, our team will take the severity of your injuries into account when reviewing your case and any settlement the insurance company offers you.
Laws that May Affect Your Injury Case
While there are several laws that may affect your truck collision case, the following are the most important for you to understand.
Statute of Limitations
The statute of limitations for truck accident personal injury cases in New Jersey is two years, according to NJ Rev Stat §2A:14-2. This means you have two years from the date of the collision to file your lawsuit. Your case may be thrown out if you file after the deadline passes.
Working with a truck accident lawyer from our team can help ensure you file within the statute of limitations and include everything you need in your Clifton lawsuit.
New Jersey also operates under a comparative negligence statute for personal injury cases, according to N.J.S. §2A:15-5.1.
This law states that if you contributed to the truck accident in any way, you can still bring a case against the truck driver, but any compensation you receive will be reduced accordingly.
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Types of Damages You May Recover
The types of recoverable damages in your truck accident case will depend on the ways the accident has affected your life, from the injuries it caused you to the overall personal impact. Common examples of damages in truck accident injury cases include:
- Medical expenses, both now and in future
- Lost wages, salary, or employment benefits
- Pain and suffering or emotional distress
- Wrongful death, for those who lost a loved one
Why Work with a Clifton Truck Accident Lawyer?
When you work with our truck accident lawyers, we can provide you with a range of benefits, including but not limited to the following:
Experience in Handling Truck Accident Injury Cases
Our lawyers have managed a number of truck accident injury claims and lawsuits. We know the laws that apply to these cases, and we are ready to put our knowledge to work in fighting for a fair settlement on your behalf.
Excellent Communication Skills
Car accident cases involve insurance companies, lawyers, the defendant, and other parties. A lawyer will handle these different levels of communication with ease, relieving you of this burden.
Legal Guidance and Support
Allowing one of our lawyers to handle your case means you will receive constant support and advocacy from someone who knows how to value your case and navigate this process.
Reach Out to Our Attorneys for Legal Help After a Truck Accident
If you are ready to file a truck accident claim to pursue a settlement for injuries you experienced or after losing your loved one in a collision, a truck accident lawyer from our team can help.
Learn more when you speak to a team member from Morelli Law Firm today. Call