Truck accidents involving 18-wheelers and other large commercial vehicles often cause serious damage and injuries to the drivers in other cars, even though the truckers are often able to walk away. These serious harms often allow lawsuits against the drivers and their trucking companies.
Getting damages from the trucking company can be an uphill battle, especially if they deny liability and put their legal teams on the case. However, our lawyers can collect strong evidence, build your case, and bring them to court if they refuse to settle.
For a free case review, call the truck accident lawyers at Agrapidis & Maroules, P.C. today at (201) 777-1111.
Serious Injury Threshold/Verbal Threshold
No lawsuits for auto accidents can be filed unless the driver has either “serious injuries” or an “unlimited right to sue” policy. These policies are more expensive, and many drivers opt for the cheaper option that blocks your right to sue.
However, if you do have serious injuries – such as amputations, permanent injuries, serious scarring, displaced fractures, or a lost pregnancy – then you can file a lawsuit and recover any unpaid damages from the defendant.
That also allows you to claim pain and suffering – damages you cannot typically get from your own insurance.
Suing the Commercial Driver
Truckers are individually responsible for what they do behind the wheel of a truck. Driving an 18-wheeler is dangerous, and drivers must
- Use adequate care/skill
- Follow traffic laws
- Follow trucking regulations.
Any mistakes that violate these rules can put them on the hook for damages.
If another driver other than the trucker caused the accident through similar violations (except trucking regulations, which only apply to truckers), then they could be responsible instead of the trucker. However, fault is often shared in these cases.
Suing the Trucking Company
When commercial truckers cause crashes while working within the scope of their jobs, the trucking companies they work for can be held liable in their place. This often allows you to claim higher damages, as the trucking company is typically able to afford more than an individual driver would.
Trucking companies can also be responsible for their own violations that contribute to the crash, such as the following:
- Hours of service violations
- Hiring unlicensed or dangerous drivers
- Keeping drivers on staff after learning of DUIs or other violations
- Weight limit violations
- Negligent truck maintenance
- Failing to perform required vehicle inspections and certifications.
What to Do After a Crash with a Commercial Truck
If you were involved in a crash with a trucker, call 911 and take the following steps:
Report the Accident to the Police
The police must be notified about any accidents involving injuries. From there, they will write a report of the accident that you can use to help find evidence.
Get Medical Care
Also request an ambulance if anyone needs medical attention. Follow the EMTs’ recommendations and go to the hospital – not an urgent care clinic or individual doctor – for care.
Hospitals are best equipped to treat your injuries, and other clinics might turn you away if they are not equipped to treat you or bill your auto insurance.
Take Photos and Collect Information
If you can, get pictures of the vehicle damage, injuries, and accident scene. Also talk to the other drivers and any witnesses, and write down the following:
- All drivers’ names, contact info, and insurance info
- The employer information for any commercial drivers involved
- All vehicle info, including makes, models, and license plate numbers.
Also record any info about weather and lighting, road conditions, and whether any visible dash cams or security cameras might have recorded the accident.
Call a Lawyer
From there, call our truck accident lawyers before you do anything else. Do not admit fault, do not talk to insurance companies, and do not accept anything from the trucker, their employer, or the insurance companies.
We can help secure evidence, protect your rights, and negotiate for damages. If they refuse to settle, we can also take the case to court.
FAQs for 18-Wheeler and Commercial Accidents in Jersey City
Do I Sue the Trucker or the Trucking Company?
Typically, you sue both. However, trucking companies are only liable if the trucker was their employee. They often try to hire drivers as contractors to avoid liability, though we can still pierce through this and sue the trucking company if the classification was improper.
Can You Sue Companies Like Amazon and Walmart for Truck Accidents?
Many companies known for delivering and shipping goods do not directly hire the drivers that work for them, making it harder to sue them. There are some situations where they misclassify their drivers as independent contractors to try to avoid liability, but the actual facts of the case do make them employees you can sue the company for.
However, even if you cannot sue these big companies, their drivers may work for other delivery companies these businesses contract with.
Do Commercial Drivers Have Auto Insurance?
Every driver in NJ is required to have auto insurance, including commercial truckers. In fact, these drivers often have higher policies, knowing they could potentially be on the hook for serious injuries and expensive property damage.
That means that, even if the commercial driver is self-employed, you may still be able to get full compensation from their insurance.
Can My Insurance Cover My Case?
NJ is a no-fault state, so your insurance will cover some medical bills and lost wages. However, your policy limit might not be enough, and deductibles and pain and suffering will not be paid this way. That often means you still need to file a claim against the trucker.
Who is at Fault?
Truckers are often at fault because there are so many possible mistakes they can make, between operating such a large, heavy vehicle and having a list of trucking regulations to follow. However, that is not always the case, and you both might be victims of the trucking company or another driver’s negligence.
In any case, we need to follow the facts regarding who violated their legal duties and how those violations caused the accident.
Call Our Commercial Truck Accident Lawyers in Jersey City
If you were hit by an 18-wheeler, call Agrapidis & Maroules, P.C.’s truck accident lawyers at (201) 777-1111 today.