Trucks, semi-trailers, and 18-wheelers are huge, heavy, and fast, making them some of the most dangerous vehicles on the road. If you are unlucky enough to get hurt in a truck collision, you need urgent medical attention and a lawyer who can help you get financial compensation.
Multiple people and entities may be held responsible for a truck accident, including the truck driver and their employer, the trucking company. In New Jersey, injured drivers typically must file insurance claims through their own no-fault insurance. If your injuries are serious enough, which is likely after a truck crash, you can instead sue for damages. An attorney should help you weigh the pros and cons of your legal options so you can make the most informed decision possible.
For a private case review for free, call our 18-wheeler and truck accident lawyers at Agrapidis & Maroules, P.C. at (551) 525-6465.
Who Should Pay for a Truck Accident in Fair Lawn?
One of the most complex aspects of a truck accident is determining who is to blame. While negligent truck drivers are common culprits, their employers and possibly additional drivers might also be held responsible.
Truck Drivers
Trucker negligence is far more common than you might think. Common examples include, but are not limited to, fatigued driving, speeding, driving while distracted, and driving while intoxicated or impaired.
Trucker negligence is not always apparent upon initial investigation. Our 18-wheeler and truck accident lawyers may need to wait for the authorities to complete a thorough, professional investigation before we understand exactly what went wrong and who is responsible.
Trucking Companies
If a truck driver is found to have negligently caused an accident, we may include their employer, the trucking company, in the lawsuit. This is often a good idea, as trucking companies have much greater financial resources and may be better able to fully cover your damages.
Generally, when an employee (i.e., the trucker) negligently causes injuries, their employer (i.e., the trucking company) may be held vicariously liable, even though they may not have been directly involved in the accident.
Other Drivers
Truck drivers and trucking companies might not be the only people involved in an accident. Often, other drivers on the road do something to contribute to an accident, and they can be included in your case.
For example, suppose another driver was driving recklessly while the truck driver was speeding. If the other driver negligently cut off the trucker, but the trucker was going way too fast to stop safely, both may be held responsible for the resulting crash.
Should You File an Insurance Claim or a Lawsuit After a Truck Crash?
Whether you should file an insurance claim or take your claims to court is entirely up to you, but you should get advice from an experienced attorney before making any final decisions.
Your Insurnace
New Jersey enforces no-fault insurance laws, and all drivers must have personal injury protection (PIP) coverage. You can file a first-party claim with your PIP coverage after a truck accident without having to prove that someone else is at fault.
If this insurance is not enough, you may file a claim with your uninsured or underinsured motorist coverage.
Filing a Lawsuit
You can sue for your injuries, but you may need to clear certain legal obstacles first. New Jersey drivers must choose between a limited and an unlimited right to sue when they buy insurance. If you have a limited right to sue, you may file a lawsuit for a car accident only if you have certain serious or permanent injuries.
If you have an unlimited right to sue, you are not restricted from suing based on the seriousness of your injuries.
Common Damages in Fair Lawn Truck Accident Lawsuits
Below are damages commonly claimed in truck accident lawsuits, although your specific damages may differ.
Medical Costs
Injuries in truck accident cases are often quite serious, and many victims require extensive and urgent medical care. The cost of medical care is usually very expensive, and you should claim these costs among your damages.
Lost Wages
Painful injuries often interfere with a person’s ability to return to work. If you cannot work, you may lose income, making it even harder to keep up with the mounting expenses related to the accident. Your attorney can help you calculate the income you have lost and will continue to lose and add it to your damages.
Damaged Property
Your vehicle and various personal items may have been damaged beyond repair in the accident. Considering how serious truck accidents often are, it is no surprise if your car is totaled. The costs of repairs and replacements should be factored into your damages.
Pain and Suffering
Truck accidents can inflict painful injuries and cause deep psychological wounds. Many survivors report feeling traumatized by the accident, and PTSD symptoms are not unheard of. Although pain and suffering are subjective and can be challenging to put into monetary terms, they should be accounted for in your damages.
Are Injuries in Truck Crashes Usually Serious?
Injuries from truck accidents are often very serious. Crash victims often need urgent medical care, and drivers should call 911 immediately. Some people may experience catastrophic injuries like brain damage or spinal cord injuries that can lead to severe and lifelong medical complications.
How to Investigate a Truck Accident
We can investigate a truck accident by talking to other drivers and witnesses, reviewing video footage and photos from the accident, and working with law enforcement as they conduct their own investigation.
Can You Sue for a Truck Accident if You Are Partly to Blame?
New Jersey enforces a modified comparative negligence law under which your damages may be reduced in proportion to your share of fault, usually expressed as a percentage. However, if a plaintiff is found to be more than 50% responsible for the accident, they may be completely barred from recovery.
Can You Sue for a Fair Lawn Truck Accident if You Are Uninsured?
New Jersey is a “no pay, no play” state, which means that uninsured drivers may not sue for non-economic damages like pain and suffering. Even if these damages are otherwise available, you may not sue for them if you were driving while uninsured when the accident occurred.
Ask Our 18-Wheeler and Truck Accident Lawyers in Fair Lawn to Review Your Case
For a private case assessment for free, call our 18-wheeler and truck accident attorneys at Agrapidis & Maroules, P.C. at (551) 525-6465.