If you or a loved one sustained injuries in a truck accident, it helps to retain an attorney that can help you get compensation for the harm suffered. Liability in truck accident cases finds a basis on the doctrine of negligence. In most cases, the negligent party is a professional truck driver and hence various laws apply.
They include:
- Traffic laws and civil liability rules
- Regulations of the Department of Transportation (DOT)
- Federal Motor Carrier Safety Administration (FMCSA)
Truck injuries are catastrophic as they cause fatal injuries and sometimes death. Do not allow any truck company to lure you into accepting a settlement that does not match your injuries.
Our legal team at Morelli Law Firm can handle the negotiation process with the trucking company. Call (212) 751-9800 for a free case evaluation.
It Is Your Right to Have a Lawyer Help You
A truck accident can have a huge impact on your life. You find yourself having various bills that need footing. That is why compensation for all the damages you have suffered is key. Damages are, “in civil cases, a remedy in the form of monetary compensation to the harmed party” (Legal Information Institute). You can go through the process alone but it is not advisable. Insurance companies want to save money, and that can mean that you get a lower settlement than what you truly deserve.
An attorney can pursue compensation while you recover from your injuries. A Newark truck accident lawyer can manage every aspect of your claim and take actions that are in your best interest.
The following are reasons why a truck accident lawyer is helpful through the legal process:
- There are many parties that the court can hold liable
- The negotiations can include many parties
- You need an appropriate legal strategy
- Contributory fault law can earn you a smaller settlement
- The trucking industry contains special rules and regulations
Identifying the Proper Defendants
After involvement in a truck accident, the priority is to ensure you get proper treatment for all injuries you have. Often, you may not know about all the parties that contributed to the accident. A Newark truck accident lawyer can help you identify the proper defendants while you get treatment.
Identifying the proper defendants is a crucial step as it helps you to establish liability and recover compensation for a truck accident. Your attorney must get the names of all the responsible parties and entities before filing the suit. The lawyer names all the parties involved in the court documents at the time of filing the suit. Where you fail to include the name of one party and it is later revealed that that party shares responsibility renders your case weak. This is because of the filing deadlines applicable in negligence cases.
Most victims carry the notion that after a truck accident, the person to sue is the truck driver. While the driver is liable, there are other parties that bear responsibility as well. A personal injury attorney can help you identify the proper defendants for your personal injury case.
Newark Truck Accident Lawyer Near Me 877-751-9800
Proving Liability and Damages
After proper identification of all the defendants, the next step is to establish liability. For truck accident cases, the court bases liability on the principles of negligence. The claimant only has to show that a reasonably prudent driver in the defendant’s position would have acted with greater care.
There are other defendants not directly linked to the actual truck accident, such as the company that hired the truck driver. You must consider more nuanced aspects of the negligence when proving liability in such a case. For example, you can show that the company went ahead and employed the truck driver with a history of substance abuse problems or previous accidents. This makes the company liable for its own negligence.
The court can also hold such a company vicariously liable based on its employer status. In such a case, it is the company that takes the fall for the negligent acts of the truck driver. Besides, you must show the extent of your damages when proving liability. You require an expert witness to testify on your behalf. The court requires a qualified physician to conduct an examination and to come up with a medical opinion concerning the harm suffered from the accident.
If you have sustained injuries and damages in a truck accident, contact us for help. Our legal team at Morelli Law Firm is always on standby ready to help. Call us at (212) 751-9800 for your free consultation.
We Represent You, Not the Insurance Company
This means that insurance companies have piles of accident files that need attending. They want to save time and money. After a truck accident, the at-fault party insurance company immediately contacts you to settle. You can accept the money from the insurance company but often, the offers do not match the harm suffered.
Also, to avoid liability, trucking companies and their insurance providers have entire teams of investigators and advocates ready to go to work. This gives them an upper hand and it makes it difficult for you to handle the case alone. You are not under any obligation to face the insurance company on your own.
Connect With a Newark Truck Accident Lawyer
You can choose to handle your personal injury case regarding a truck accident independently. However, you may find difficulty reaching adequate compensation for your loss. Contact our legal team at Morelli Law Firm for legal counsel. We understand trucking laws and regulations and have dedicated our focus to helping people like you. You generally have two years to file a personal injury lawsuit under New Jersey Statute 2A: 14-2. Call us at (212) 751-9800 for our free case assessment.