Auto accidents are among the most common reasons for personal injury lawsuits. Accidents involving trucks or 18-wheelers can be especially dangerous, and damages in these cases are often significant. If you were hurt in a truck crash, our legal team can help you get fair compensation.
You may have multiple options for compensation after an accident, including insurance. Unfortunately, damages in truck accident cases are often so significant that they exceed insurance policy limits. As such, a lawsuit may be the best way to get the full extent of your damages covered. While you may sue the negligent trucker who caused the accident, it would be wise to include their employer, the trucking company, to make sure you get as much compensation as possible.
Ask our truck accident lawyers for a free, private legal review by calling Agrapidis & Maroules, P.C. at (201) 777-1111.
Can I Sue for Damages After a Truck Accident in Kearny, NJ?
If you or someone you care about has been injured in a truck collision, an attorney can help you sue those responsible and obtain fair compensation. Each case is unique, and you should speak to a lawyer about your accident as soon as possible.
The Negligent Truck Driver
In many truck accident cases, the truck driver is found to have negligently caused the crash. As such, our truck accident lawyers can help you sue the negligent trucker for your injuries.
Since truckers should have a commercial driver’s license (CDL) and drive professionally, they may have more comprehensive insurance than the average person on the road. Even so, truck accidents tend to be severe, and there is a good chance that your damages exceed the trucker’s insurance policy limits. In that case, we may need to find additional defendants.
The Trucking Company
If the truck driver is responsible for the accident, we may be able to sue their employer for damages. When an employee negligently causes injuries, and their negligence occurs within the normal scope of their job duties, the employer may be held vicariously liable.
We should determine which trucking company the trucker works for and hold them accountable for the accident. However, if the trucker is an independent contractor and not an employee, vicarious liability may not apply.
In many cases, truckers who are independent contractors are actually misclassified by their employers and treated as employees by the trucking company. If this is the case, we can argue that vicarious liability should apply in your case because the trucker is treated as an employee regardless of how the trucking company classifies them.
Other Parties
It is also possible that other parties besides the truck driver and the trucking company share blame for the accident. Perhaps another reckless driver on the road contributed to the accident. Maybe the truck crash occurred in part due to faulty equipment, and the manufacturer may be held responsible.
We might not know exactly who is responsible for the accident until after a full investigation, but you should discuss all possibilities with your lawyer.
How Do I Find Evidence for a Lawsuit After an 18-Wheeler Accident?
Finding evidence after a vehicle collision can be difficult, as there may be serious damage to the vehicles and debris scattered throughout the crash site.
Truck and 18-wheeler accidents can be even trickier, as these crash sites are often much larger and involve more vehicles. Below are some common examples of evidence we can try to find, although your specific case may involve alternative or additional evidence.
Initial Investigations
First, the authorities are likely already involved in the case, and they may conduct a thorough investigation. Truck accidents are often large and severe, and the police almost always get involved immediately. They are likely already examining the crash scene, scrutinizing the trucker, and looking for evidence.
One strategy is to wait for the police to complete their investigation. We can review police reports to see what kind of evidence and information the police uncovered. We may even learn the names of the witnesses the police spoke to, and we can find them and interview them ourselves.
Discovery Phase
A lot of evidence may come from the discovery phase of your lawsuit. During the discovery phase, both sides of the case must exchange all relevant information and evidence. Things like business records from the trucking company, security camera footage from cameras mounted on the truck, and other details about the truck driver that are in the defendant’s hands may be made available to us.
If the defendants refuse to provide us with certain information or evidence, we can ask the court to compel production, and the defendants may be ordered to hand it over.
Interviewing Witnesses
While waiting for the police report, we can speak to any witnesses we know of. These may include people who were involved in the accident, passengers in other vehicles, drivers who were not affected by the crash but witnessed it from behind, and even pedestrians who might have seen the accident from the side of the road. The more people we interview, the better.
FAQs About Legal Action for Accidents with Trucks and 18-Wheelers
How Does a Truck or 18-Wheeler Accident Happen?
Many accidents involving large trucks or 18-wheelers happen because of negligent truck drivers. They might drive at unsafe speeds, make reckless turns, or try to drive for far too long and end up falling asleep at the wheel. We might not know exactly how your accident happened until after a police investigation.
How Do I Know Who is Responsible for a Truck or 18-Wheeler Collision?
We might not know who is responsible until after a formal investigation, but common culprits include truck drivers and other drivers on the road. If the trucker is responsible, their employer might also be held accountable for the accident. In some cases, negligent manufacturers who produced faulty truck parts might be to blame.
How Do I Prove My Claims in a Truck Accident Lawsuit in Kearny, NJ?
We need evidence to prove your claims. We may be able to gather some evidence ourselves by taking photos of the accident scene and talking to witnesses. Other evidence may be obtained through the discovery process, in which the parties exchange relevant information and evidence.
Are Accidents with 18-Wheelers and Large Trucks Covered by Insurance?
Possibly. Many auto accidents, including accidents with 18-wheelers and other trucks, may be covered by insurance. The truck driver and their employer may have insurance to cover your damages, or you may be able to turn to your own first-party policies, if any. However, insurance policies are often limited, and you might not receive the full extent of the compensation you need.
How Soon After a Truck Crash Should I Contact a Lawyer for Help?
Call a lawyer as soon as possible. A lawsuit for injuries from a truck accident must commence no later than 2 years after the crash. If you wait too long and do not file your case within this time, you may be time-barred and prohibited from filing your claims.
Ask Our Kearny, NJ Truck Accident Lawyers for Help Today
Ask our truck accident attorneys for a free, private legal review by calling Agrapidis & Maroules, P.C. at (201) 777-1111.