Commercial truck accidents can be complex, involving multiple parties who may be liable for your injuries. As such, you can bring a legal claim against the other party to collect compensation for your damages. A Jersey City truck accident attorney can help you file a claim and negotiate a settlement with the insurance company.
The Morelli Law Firm handles complicated claims for victims of commercial truck accidents. Whether you are suing for full negligence or comparative negligence, having a personal injury lawyer from our firm in your corner can help you with your case.
Determining the Responsible Party in a Truck Accident
Since a truck accident may involve multiple parties, you may not know who is responsible for your accident. We can investigate your case to determine who is at fault and how their negligence led to your injuries.
Based on the findings from the Federal Motor Carrier Safety Administration (FMCSA) 2007 Large Truck Crash Causation Study, negligent parties in a truck accident may include the:
Truck Driver
Truck drivers spend a considerable amount of time on the road. At any given time, they may be tired or distracted. Driver negligence or carelessness can lead to serious accidents that cause massive damage and severe injuries.
Employer
Employers are responsible for vetting truck drivers to ensure that they are well-trained and capable of operating the equipment. When employers fail to hire the right driver or train the driver properly, the driver becomes more vulnerable to accidents on the highway.
Trucking Company
Trucking companies are responsible for maintaining their fleets at all times, which includes performing routine inspections and repairs. When trucks are neglected, malfunctions may happen on the road, leading to uncontrollable accidents.
Truck Manufacturer
A truck manufacturer may be responsible for installing a defective part, which led to a breakdown on the highway. Defective parts may include bad tires, brake lights, or braking systems. When parts break down during operation, the driver may have little control over the situation.
A lawyer from our firm can help you identify all potentially liable parties to uncover how your accident occurred. We want to see that those who are responsible for your truck accident injuries pay for your damages.
What if You Are Partly Responsible for the Truck Accident?
Complicating matters further, there are many truck accidents that happen in which you, the injured party, may share some responsibility. For example, one party in the accident could have run a stop sign while the other party was speeding.
Fortunately, New Jersey allows you to recover compensation even if you share some of the blame for the Jersey City truck accident that caused your injuries. NJ Revised Statutes § 2A:15-5.1 dictates the following rules that are used when an injured person is partially responsible for their injuries:
- You can still sue for compensation as long as you are not more at-fault than the party you are suing (or than the combined fault of multiple parties you are suing).
- Your total compensation will be reduced by the same percentage as your percentage of fault.
For example, you can still get compensation if you are found to be 25% responsible for your Jersey City truck accident. However, the total amount of compensation you receive will also be reduced by 25%.
This is one reason why it is so important to have experienced truck accident lawyers in Jersey City handle your claim and build a case that reduces or eliminates any fault attributed to you.
Jersey City Truck Accident Lawyer Near Me 877-751-9800
The Evidence We Use to Prove Your Truck Accident Claim
The most critical element in your accident claim is proving that someone else is responsible for your accident and that the accident is what led to your injuries. Our law firm can view all the available evidence to establish the facts of the case and identify the at-fault party.
Some of the evidence we examine includes:
- Police or accident reports
- Footage from videos or photos
- Medical reports
- Eyewitness statements
- Testimony from expert witnesses
- Trucking company records
In addition to proving fault, we will also need to show the extent of your injuries and other damages. We can use your medical evidence to describe the nature and severity of your injuries, as well as other ways in which the accident affected your life.
How Do You Know Whether You’re Correctly Estimating the Value of Your Truck Accident Claim?
The insurance company of the at-fault party will evaluate the value of your claim based on how they calculate economic or non-economic losses. However, the insurance company may not have all the facts of your case. Furthermore, they may not understand how much you have suffered.
Our Jersey City truck accident attorneys will highlight your damages and provide a clearer assessment. Losses that you may be able to claim include:
Recurring Medical Bills
Some injuries require extensive treatment that can last for several months. As a result, you may have significant debt from expenses such as emergency medical care, ongoing procedures, doctor visits, consultations, and rehabilitation. We calculate your past, current, and future expenses to determine how much you will pay for treatment.
Total Lost Income
If you have severe injuries, you may have to stay at home for several weeks or months to recover. Consequently, you may have lost hundreds or thousands of dollars in total income, which includes lost wages, bonuses, tips, benefits, or other forms of professional compensation.
Disability or Dismemberment
Due to the intensity of commercial truck accidents, an impact can leave a person permanently disabled. If this happened to you, you may be entitled to receive compensation for disability or diminished earning capacity. Your attorney can look at what options are available for receiving disability.
Pain and Suffering
Pain and suffering is under the category of non-economic damages and often refers to the physical suffering or emotional trauma you experienced after the accident. It also includes damages such as loss of consortium or overall loss of joy of life.
Our law firm can work to get you compensation based on the extent of your damages. To find out what your case is worth, contact Morelli Law Firm for a free case assessment.
Compensation in Cases Involving Serious Misconduct
In some situations, the at-fault party in your case may have acted in a way that the law defines as “a wanton and willful disregard” of other peoples’ safety. A common example is drunk driving.
If this is the case for you, our attorneys may decide that it is right to seek punitive damages. According to NJ Revised Statutes § 2A:15-5.12, the court may award this extra compensation as a punishment to the at-fault party and as a way to discourage such conduct in the future.
Our Attorneys Can Negotiate With the Insurance Company to Get You the Fairest Settlement Possible
As the victim of a truck accident, you may wonder how you will get through this difficult period. Our truck accident attorneys in Jersey City work hard to help you with every aspect of your case and get you an agreeable settlement so that you can move on with your life.
There are several ways that we can handle your case, including the following steps:
- Investigate the accident, gather evidence, and substantiate your claim
- Prove your injuries by submitting medical evidence and doctor statements
- Manage your case, handle all paperwork, and communicate with all parties
- Review and calculate your total damages
- Negotiate a fair settlement with the insurance company
- Represent you in court if you decide to file a lawsuit against the at-fault party
Do Not Delay in Filing Your Claim
Like most states, New Jersey has a set limit on the amount of time you have to file your personal injury case with the court. Per NJ Rev Stat § 2A:14-2, you have two years from the date of the accident to bring legal action. If you miss this statutory deadline, you could forfeit your chance to seek compensation. In most cases, a judge will dismiss your case.
If you lost a loved one in a truck accident, please accept our deepest sympathies. In this case, you only have two years to file from the date of the decedent’s death per NJ Rev Stat § 2A:31-3.
There are exceptions to both of these statutory deadlines. A lawyer can analyze the details of your case and ensure the proper paperwork is filed in a timely manner.
Contact the Attorneys at Morelli Law Firm Today
When you are going through physical and emotional turmoil after an accident, who can you trust to protect your rights? A Jersey City truck accident lawyer with Morelli Law Firm is here to help you every step of the way.
You do not have to face this legal battle on your own. Our team will investigate your case, determine liability, and fight for the compensation you need and deserve moving forward. Call our law firm to get a free case evaluation. A member of our team is standing by to help you explore your legal options today.