According to the Federal Highway Administration (FHWA), truck routes in and out of New Jersey extend to nearly every state of the continental United States, and New Jersey’s reliance on trucking is greater than many realize. Trucking remains the lifeblood of the American economy, and New Jerseyites involved in one or more segments of the trucking industry know this well. Trucking, when combined with negligence, also presents extreme danger to people on and near the roads of Union City.

If you or your loved one was injured or killed in a truck accident, you may have a legal route to obtaining compensation.

The Legal Definition of What Constitutes a Truck

The term “truck” covers an array of different vehicles, and not all trucks present the same level of danger. The possibility for a truck to inflict significant damage to humans and their property depends on:

  • The length and height of the truck
  • The weight of a truck
  • The nature of the truck’s function
  • The load being carried on a truck at any given time

The differences that exist between trucks, such as their weight, determines the classification that a truck falls into. According to the Office of Energy Efficiency & Renewable Energy, there are eight truck classifications. The higher a truck’s classification, the higher its potential to cause serious injury or death when involved in an accident. Accidents involving trucks that are used for commercial purposes come with a few legal considerations that are not applicable in collisions that do not involve commercial vehicles.

New Jersey Truck Accident Injury Attorneys

Responsibilities of Truck Owners and Drivers

When a Union City truck accident involving a commercial vehicle occurs, there are three parties who may be examined for liability:

  • The truck driver
  • The person who employs the truck driver
  • The person who contracts the truck driver

These parties have several responsibilities that fall within their duty of care. For people who own and maintain truck fleets driven by employees or contractors, responsibilities include:

  • Vetting all drivers (both employees and contractors) for red flags or disqualifiers in their personal and professional histories
  • Maintaining their fleet of trucks, including purchasing new parts and making necessary repairs in a proactive way rather than reactive, to avoid a dereliction of duty
  • Training all employees and contractors on best driving practices, safety practices, driving hour limits (As per the Federal Motor Carriers Safety Administration (FMCSA)), and the importance of safety over speed
  • Implementing a clear, consistent system for gauging driver performance and doling out punishment for violation of safety and performance expectations
  • Implementing random drug and alcohol testing for all drivers

Taking these steps is meant to minimize the odds that an unfit driver will get behind the wheel of a rig or engage in behaviors that increase the risk of an accident. Drivers also have several responsibilities that are paramount to others’ safety, which include the following duties:

  • To refrain from using drugs or alcohol before or during driving
  • To abide by limitations on driving periods
  • To obey speed limits and other rules of the road
  • To ensure their truck has no mechanical problems that could pose a risk
  • To ensure that their load is secured before departing
  • To refrain from any behavior that qualifies as distracted driving
  • To be aware of the danger trucks can pose to others

Most truck drivers recognize the immense risk that their vehicle—which may weigh as much as 80,000 pounds—poses to other motorists, passengers, and pedestrians. When a driver does not act accordingly, they may act negligently and possibly cause serious injury or death.

If you or a loved one was impacted by a New Jersey truck accident, call our team at Maggiano, DiGirolamo & Lizzi P.C. today at (201) 585-9111 for a free consultation.

Client Success Story

Nothing but praise for Maggiano, DiGirolamo, and Lizzi. I have never seen such a fantastic display of teamwork at all levels of the firm. (As an aisde, everyone one who works at the firm was extremely courteous and kind – character traits that one would not typically associate with a law firm. )

Furthermore, the legal results brought about by Mr. Maggiano’s tireless litigation efforts on our behalf were very fair and just. If you ever find yourself in a car accident, be sure to consult Maggiano, DiGirolamo, and Lizzi.

- Haig Norian

Client Success Story

The Maggiano, DiGirolamo, & Lizzi law office has been nothing short of amazing! All the members of their team have been outstanding from the beginning to the end. There were many struggles along the way with our situation, but they were right there when I needed them. As a person who has never needed a service of any lawyer, I had a ton of questions before and during the entire process, and I must say that Michael, Linda, Chris, and everyone else there, have all been straight shooters when it comes to the business. I would call/email them several times per day sometimes throughout the entire case and someone was always there to reply promptly and accurately each time. They do not mind going above and beyond for their clients which is honestly a rare thing to find in any professional line of work.

If you’re looking for a law firm with an amazing track record and who come highly recommended (even by other lawyers which I’ve spoken with in court during the case), look no further! You will not be disappointed with Maggiano, DiGirolamo & Lizzi law firm. If there ever comes a need for me to need assistance in a legal matter caused by a injury, I honestly would not even think twice before calling them again!

A+ on all aspects!

- Kristina Williams

Client Success Story

I want to express my deepest appreciation to the firm “MAGGIANO, DiIGIROLAMO
& LIZZI P.C. and to Cristopher DiGirolamo, in particular, for professionally and timely manner. The most important result for me is the successful completion of the case.

I also wish to express my thanks to the paralegal Nirelly Echanique and to Katty, the nice lady at the front desk.
Without any hesitation, I would recommend your firm to others.
Many thanks for your fruitful work.

- Eduard Arapov

A Union City Truck Accident Lawyer May Be Able to Help

A Union City truck accident lawyer can lay out the steps for you to pursue compensation after a New Jersey truck accident if you or your loved one was the victim of negligence. A lawyer can help assess your case and determine who should be the subject of your lawsuit.

Truck Drivers and Their Employers May Share Liability

Depending on the circumstances of your New Jersey truck accident, your lawsuit will name one or more people as defendants. Defendants in your case could include:

  • The driver of a truck
  • The owner of a truck
  • The person who pays the truck driver, which could be a private individual or government entity
  • Another party who contributed to your accident in some way

Your Union City truck accident lawyer will familiarize themselves with the facts and evidence of your accident to help you determine who should be named as defendants in your lawsuit.

A Lawyer’s Goal Is to Prove the Presence of Negligence

People who own trucks, pay drivers, and drive trucks are responsible for taking every foreseeable step to prevent harm to others. Any failure to adhere to this responsibility may become the focus of your case if it proves that you were the victim of negligence. In other words, your lawyer may argue that the defendants in your case did not take every foreseeable step to protect you from harm.

Your lawyer will work toward this goal by:

  • Conducting an investigation into the history of any companies or individuals who are named as defendants in your lawsuit
  • Collecting evidence pertaining to your specific accident
  • Formulating an evidence-based case for why you are entitled to compensation
  • Completing every legal requirement to bring your lawsuit to completion
  • Representing you in settlement negotiations or at trial
  • Defending your rights

Your lawyer’s central mission, which includes proving negligence, is to help you obtain any compensation that you are entitled to. This may include coverage for:

  • Your medical expenses originating from the truck accident
  • Lost income due to the injuries you have suffered
  • Pain and suffering caused by the accident and its aftermath

Verdicts and Settlements

To a female truck driver who suffered fibromyalgia following a multi-vehicle accident.

A mother and her 3 sons traveling to NY with a car rental from Hertz, the car began to act up and loose power. The mother called Hertz for help and was told they didn’t provide road side assistance but that she should head to their nearest location for further help, that was about 25 miles from her location. She couldn’t go more than 25-30 miles per…

A commercial truck driver disabled after a crash which resulted in a traumatic brain injury.

Call Our Team at Maggiano, DiGirolamo & Lizzi P.C. Today

A New Jersey truck accident can knock you out of the workforce, require you to endure medical care, and derail your life. You may be entitled to financial coverage for your losses if negligence played a role in your truck accident. Call our team at Maggiano, DiGirolamo & Lizzi P.C. today at (201) 585-9111 for a free consultation.