Most drivers have encountered a large truck or 18-wheeler on the road and probably thought nothing of it. While these trucks are common, they are also extremely dangerous. If a trucker is negligent, you and others may be hurt, and you deserve fair compensation.
You may sue for your injuries from a commercial truck accident, but courts often prefer injured plaintiffs to exhaust their insurance options first. Your lawyer should help you file insurance claims before beginning your lawsuit. Your attorney can also help you determine who should be named as a defendant in your lawsuit, as many drivers may be involved. Once your case is filed, you may spend weeks or months going back and forth with the defendant and the court before your trial.
Ask our truck accident lawyers for a free legal review of your claims by calling Agrapidis & Maroules, P.C. at (201) 777-1111.
How Do I Begin a Lawsuit for a Commercial Truck Accident in North Bergen
Starting a lawsuit is not exactly simple or easy, and you should hire an experienced attorney sooner rather than later to help you.
Determine Who is Responsible
First, your lawyer should help you determine who is responsible and who to include in your lawsuit. In many cases, plaintiffs sue the negligent truckers who are directly responsible for the accident. Additionally, our truck accident lawyers may include the trucker’s employer in the case.
\Employers may be held vicariously liable for injuries caused by negligent employees if the employees were acting within the normal scope of their duties when they caused the injuries.
Exhaust Your Insurance Options
Before you sue, you may need to fully exhaust all your insurance options. If a judge discovers that a plaintiff could have covered their damages through insurance but chose not to file a claim, they will not be happy. Your attorney should help you determine all your insurance options and help you go through them.
Draft and File a Formal Complaint
To start your lawsuit, you must draft and file a formal complaint. The complaint is a lengthy legal document that must contain specific details about you, the defendants, the accident, and your damages. We must also present some evidence to show that you have a valid claim. Complaints can take time to draft, and it is important that we carefully consider everything we include with it.
FAQs About Commercial Truck Accidents and 18-Wheeler Crashes in North Bergen
How Do Accidents Involving Commercial Trucks and 18-Wheelers Happen?
Many commercial truck accidents involve fatigued driving. Truckers are often on the road for long periods and are required to stop and rest under federal regulations. This, combined with things like speeding and unbalanced cargo, often leads to serious collisions. Accidents involving 18-wheelers often stem from the fact that these trucks’ trailers are very long, and drivers do not always know what is around or behind them.
What Should I Do Following a Commercial Truck Crash in North Bergen?
Following an accident, you or someone else at the accident should call 911 immediately. You and others may need urgent medical care. The police should be dispatched to your location, and, if possible, you should provide a statement for their investigation. When you are ready, you should call a lawyer who can help you get compensation.
Can I File an Insurance Claim After a Commercial Truck Accident?
Yes. Large truck accidents are usually covered by auto insurance in New Jersey. However, unlike many other states, New Jersey requires drivers to have no-fault coverage. Usually, injured drivers file first-party claims with their no-fault insurance coverage first, and there is no need to present evidence of fault. If you still have uncovered damages, you may file a claim with the at-fault trucker’s liability coverage.
Should I Sue for Damages from a Truck Collision?
You should sue the negligent trucker and their employer if you have used up all your insurance options and still have damages that are not covered. How you file your case depends on whether you have an unlimited or limited right to sue as part of your auto insurance. With a limited right to sue, you may only file a lawsuit if you sustain certain permanent injuries. With an unlimited right to sue, there is no need to satisfy any additional legal criteria before suing.
How Do I Know What Damages to Claim After an 18-Wheeler Accident?
Your attorney should be able to review your case and determine what kind of damages you may claim through insurance or a lawsuit. Common examples of damages include medical bills for injuries, property damage, lost income, and pain and distress from the accident. Your specific case may involve different or additional damages.
How Much Time Do I Have to Prepare a Truck Accident Lawsuit in North Bergen?
In New Jersey, plaintiffs seeking to file personal injury lawsuits, such as for truck accidents, must do so within 2 years of the date of the accident. Remember, you may have to exhaust your insurance options during this time before you file your lawsuit, so time is of the essence.
Do I Need Serious Injuries to Sue for a Truck Accident?
Yes and no. If you have a limited right to sue as part of your auto insurance in New Jersey, you may need to prove that you have certain permanent injuries before you are allowed to move forward with a lawsuit. However, if you have an unlimited right to sue, you do not need to prove you have any specific injuries, and you may sue even if your injuries are not serious.
What if Other Injured Drivers Sue for the Same Commercial Truck Accident?
Since accidents involving 8-wheelers and large commercial trucks often affect many drivers, it is common for many plaintiffs to file separate lawsuits against the same defendant. If this happens, the court may consolidate the cases for the sake of efficiency. Even so, your claims should remain separate.
How Do I Get a Good Settlement for a Commercial Truck Accident?
A good settlement is hard to describe, as it may differ for each person. To get the best possible settlement for your specific situation, your lawyer can help you negotiate with the defendant and present compelling evidence of your damages. If you believe that a settlement offer is good enough, review it with your lawyer before accepting it.
How Do I Get Evidence for My Truck Accident Case?
Evidence often comes from the accident scene itself. Witnesses who were at the accident scene may provide testimony. You or others might have taken photos of the crash. Numerous vehicles involved in the accident may have dashcam videos we can use.
Speak to Our Truck Accident Attorneys About Your Case
Ask our truck accident attorneys for a free legal evaluation of your claims by calling Agrapidis & Maroules, P.C. at (201) 777-1111.