Any accident on the highway can be dangerous, but collisions involving large trucks or 18-wheelers can be serious disasters. Injuries may be extreme, and injured victims may face enormous costs. If you were involved in a truck accident, get help from a qualified lawyer immediately.
Your claims may be covered by insurance, or you may sue for your damages if your injuries meet specific legal criteria. If you sue, we must include the appropriate defendants. Truck drivers, trucking companies, and additional drivers may be held responsible. To begin, we need evidence. Records from trucking companies about the truck and the truck driver may be relevant, and we may access video footage from traffic cameras, dashcams, or even cameras equipped on the truck.
To get a private, free case analysis, speak to our 18-wheeler and truck accident lawyers by calling Agrapidis & Maroules, P.C. at (551) 525-6465.
Options for Compensation after a Truck Accident
Injured drivers have several legal options for financial compensation. Before deciding which path to take, ask a lawyer for guidance.
Insurance Claims
New Jersey enforces no-fault insurance laws, and drivers must carry no-fault, personal injury protection (PIP) coverage. After accidents, drivers must file first-party claims with their own PIP coverage. While there is no need to prove fault, you must still show evidence of the accident and your damages.
Insurers must offer New Jersey drivers the option to purchase a limited or unlimited right to sue policy. This option may affect your ability to sue for damages after a car accident, depending on what you choose.
Lawsuit
You can sue for your injuries after a car accident, but you may face restrictions based on whether your insurance comes with a limited or unlimited right to sue.
If you elect a limited right to sue, you can file a lawsuit for a car accident only if you have a serious injury, including…
- Displaced fractures
- Loss of a body part
- Loss of a fetus
- Significant disfigurement or scarring
- Death
- Any other permanent injury.
If you elect an unlimited right to sue, you are not bound by the above restrictions and may file your lawsuit without having to prove the severity of injuries ahead of time.
Who Should Be Included in a Garfield Truck Accident Lawsuit?
Including the right defendants is key to getting fair compensation. There may be more than one defendant in your case, and we must identify all responsible parties before filing your case.
Truck Driver
Truck drivers are directly responsible for accidents. Trucks are very large, heavy vehicles, and they can be tricky to control on the road. One mistake by a negligent truck driver could cause a serious accident. We should review police reports after the authorities finish their investigation to determine whether the truck driver acted negligently.
Trucking Company
The trucking company that hired the negligent truck driver may also be held responsible. If the truck driver is an employee of the trucking company and negligently caused the accident while in furtherance of their normal duties, the trucking company may be vicariously liable.
Even if truck drivers are independent contractors rather than employees, trucking companies can still be held liable. The trucking company might misclassify the driver as an independent contractor when it treats them as an employee, or it may be directly liable for other reasons.
Additional Drivers
Other drivers involved in the accident might be to blame in addition to negligent truck drivers. Speeding, driving recklessly, or ordinary traffic violations like failing to signal a turn can significantly contribute to a truck accident. If our 18-wheeler and truck accident lawyers learn of any other drivers who acted negligently during the accident, we should consider including them in your case.
How to Gather Evidence After a Truck Accident
Your evidence will be specific to your accident, claims, and damages, and we can start searching for evidence from the following common sources.
Trucking Company Records
Trucking companies are responsible for maintaining their trucks and keeping them in safe working order. We can demand to see copies of trucking company records about safety, maintenance, and vehicle inspections during the discovery phase of the case.
Security Camera Footage
We can check the surrounding area for private security cameras and traffic cameras and hopefully obtain footage before it is erased or deleted. Additionally, many trucks today are equipped with their own cameras, and we can get copies of the footage from the trucking company during the discovery phase.
Witness Testimony
Truck collisions tend to be large-scale accidents, and there are likely more than a few potential witnesses. If you have the names of anyone from the accident, tell your lawyer right away. We may also check police reports to see if the authorities spoke to any witnesses during their investigation.
Medical Records
We must have some proof of your injuries. Medical records can be a big help in establishing the extent of your injuries and the costs of treatment. Go to the hospital immediately, even if you do not feel injured, so that there is no gap in your medical records.
Are Truck Accident Lawsuits Typically Worth a Lot of Money?
Generally, yes, truck accidents are worth substantial financial compensation. Injuries and damage in truck accidents are often quite severe, and claims for damages may be worth tens of thousands of dollars in many cases. In more severe cases, plaintiffs may claim six figures or more.
How Long Do You Have to Sue for a Truck Accident in Garfield?
In New Jersey, plaintiffs filing injury lawsuits after truck accidents must do so within 2 years of the accident. If you do not file the case within this limitation period, you may be barred from ever filing your claims. As such, seek help from a lawyer as soon as possible.
How Long Does it Take to Get Paid After a Truck Accident?
Civil lawsuits for truck accident injuries can take a long time. Many plaintiffs spend months preparing a case to file, then several more months gathering evidence during the discovery phase. The trial itself could take multiple weeks to complete. In the end, many plaintiffs receive compensation close to a year after the accident.
Contact Our 18-Wheeler and Truck Accident Lawyers in Garfield for Help Now
To get a private, free claim assessment, speak to our 18-wheeler and truck accident attorneys by calling Agrapidis & Maroules, P.C. at (551) 525-6465.