Accidents involving commercial trucks may result in serious injuries. Victims who are harmed in such crashes may be eligible to receive compensation for their damages, but these cases can prove to be complicated.
A truck accident lawyer in Jersey City, New Jersey from Maggiano, DiGirolamo & Lizzi P.C. may be familiar with the issues inherent to a truck accident personal injury claim or lawsuit. We can help start the process of protecting your rights as a plaintiff, establishing the liability of the defendant, and fighting to get you the compensation you may be entitled to.
Call Maggiano, DiGirolamo & Lizzi P.C. at (201) 585-9111 for a free case evaluation with a member of our team.
Common Causes of Truck Accidents
A truck accident may happen as a result of a wide variety of reasons. The Federal Motor Carrier Safety Administration (FMCSA) publishes an analysis of truck collisions and codes each accident according to the “critical reason” for its occurrence.
In the FMCSA’s report updated in 2014, the driver was the top critical reason for truck accidents. Making decisions like driving above the speed limit, not recognizing one’s surroundings, not completely performing their duties due to being asleep (or otherwise impaired), and behaviors like overcompensating or panicking were the four main categories that played a role in these types of accidents.
Problems with the vehicle were the second largest critical reason for truck accidents in the FMCSA report—brake issues, in particular, played a part in 29 percent of reported accidents. The third most frequently appearing critical reason named was the environment, including factors like inclement weather, slick roads, or poor lighting.
For a free legal consultation with a truck accidents lawyer serving Jersey City, call (201) 585-9111
What Makes Truck Accidents So Complicated
A truck accident involves many moving parts. When a truck collides with another road occupant, it may be the truck operator’s fault, but this does not necessarily mean that the driver is whom accident victims will recover their damages from.
Different Types of Truck Drivers
Commercial truck drivers play different roles regarding liability in an accident than the driver of a passenger vehicle. The extent of their role has much to do with what type of truck driver they are. There are different types of truck drivers, such as:
- Independent owners or operators: They own the trucks they drive to transport their own goods.
- Company drivers: They drive company trucks belonging to an employer.
- Owner-operators: They drive their own trucks but haul freight for other companies.
The type of truck driver involved in your case may determine whether the driver can be held liable for any damages.
If a company driver’s negligence led to an accident, vicarious liability law goes into effect, enabling people injured in the accident to potentially seek compensation from the trucking company that employs them. To establish a case of vicarious liability, the plaintiff must prove that the truck operator was employed by the trucking company in question and was performing their work duties at the time of the accident.
A Jersey City truck accident lawyer may know how to gather the evidence to support this employer-driver relationship, so that they can help pursue a liability claim against the trucking company.
Jersey City Truck Accident Lawyer Near Me (201) 585-9111
Other Potentially Liable Parties
Beyond the truck driver and their employer, several other parties could potentially be held liable for your accident damages.
Maintenance Service Providers
Some trucking companies outsource the maintenance of their vehicles to service providers. If the truck involved in your accident experienced a maintenance issue, such as faulty brakes or low power steering fluid, and the service provider did not catch and repair the problem, it may be liable for damages resulting from the accident.
Ultimately, the truck owner is responsible for maintenance, so these situations may sometimes generate claims against both the service company and the truck owner.
Sometimes a commercial truck is fitted with defective tires or brakes, or some other device or mechanism that is critical to the truck’s functioning properly. If this was the case in your accident, the part manufacturer may be held liable for your damages under a product liability claim.
Uneven or otherwise poorly loaded trucks can also cause accidents. The FMCSA regulates cargo securement, outlining the types of materials that can be loaded, weight limits, and the method that must be used to load said materials. If the shipper failed to follow FMCSA regulations when loading its cargo onto the truck involved in your accident, you may be able to hold them liable for your injuries.
An attorney may have to not only identify the at-fault party in your case, but also prove that the party owed you a duty to keep you from harm, violated that duty, and caused your injury, which led you to suffer damages.
The team at Maggiano, DiGirolamo & Lizzi P.C. may be able to investigate the ways in which your injuries have led to current losses and losses you will face down the road, in terms of medical costs, decreased capacity to earn, and so on. Call (201) 585-9111 for a free consultation with a team member.
Type of Damages You May Be Able to Recover
Our team can help calculate your potential damages and give them to the insurance company of the at-fault company in the form of a demand letter. Some of the types of damages that might appear include:
- Medical expenses (past, ongoing, and future)
- Lost income and benefits
- Replacement services
- Diminished future potential earnings
- Pain and suffering
- Diminished quality of life
If the insurer fails to agree to a fair settlement, we may be able to file a lawsuit and fight for your right to receive compensation you may be entitled to in a civil court.
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The Clock is Ticking
New Jersey enforces a statute of limitations that requires any civil action for a personal injury case to be filed within two years of an accident. A Jersey City truck accident lawyer may be able to help you meet this deadline, but the earlier you bring them on board, the sooner they will be able to start the process so you can focus on your recovery while a case is built on the appropriate timeline.
Call a Jersey City Truck Accident Lawyer Today
Truck accidents may result in painful injuries and emotional trauma. The last thing you should have to deal with following an accident is chasing down evidence, negotiating with insurers, and filing lawsuits. A Jersey City truck accident lawyer can work on that with you.
Call Maggiano, DiGirolamo & Lizzi P.C. at (201) 585-9111 for a free case evaluation with a team member.