Truck accidents are a serious matter, but a New Brunswick truck accident lawyer from Brach Eichler Injury Lawyers can help file a claim to recover your losses. We have decades of experience in personal injury law and an established reputation for securing victory. Truck accident claims face a number of difficulties due to their complexity and scope. To get the most out of a settlement, you need an accomplished attorney on your side to protect your interests. Negligent drivers and trucking companies should not get away with harming others, and we can hold them to account.

Contact us or call (973) 364-8300 today for a free, no-obligation truck accident case consultation with a personal injury attorney in New Brunswick.

Types of Truck Accidents and Injuries in New Brunswick

According to New Jersey DLPS crash data, commercial trucks make up about 10 percent of traffic fatalities in Middlesex County. Most collisions occur at the front of the cabin or rear of the trailer. Specific types of truck accidents common in New Brunswick include:

• Undercarriage Accidents – Undercarriage or underride accidents occur when a passenger vehicle becomes wedged between the truck’s undercarriage and the road. The car’s windshield absorbs the brunt of the impact from these types of crashes.
• Turn-Overs – The momentum of truck trailers can cause them to flip over and roll down the road. The rolling trailer can strike or crush other vehicles.
• Blind Spot Collisions – Truck drivers have a limited range or visibility on all four sides of their vehicles. Vehicles in these blind spots are at a higher risk of accidents because the driver cannot see them.
• Jackknife Accidents – Jackknife accidents occur when the trailer pivots forward, folding the tractor and cabin into a V-shape. The folding trailer can strike and drag cars along the road.
• Unsecured Cargo – Unsecured cargo can come loose and cause the driver to lose control. It may also fall from the rear of the truck, striking vehicles or causing them to swerve to avoid collision.

Given commercial vehicles’ large size and weight, truck collisions can be particularly destructive and dangerous. Passenger vehicles contain safety systems like seatbelts or airbags to mitigate injuries, but these might be inadequate for truck collisions. Common injuries can include:

• Broken bones
• Soft tissue injury
• Head injuries and TBI
• Facial and neck injuries
• Spinal cord compression
• Internal injuries and organ damage
• Abrasions and burns
• Hearing and vision loss
• Crushing injuries and amputations

Causes of Truck Accidents in New Brunswick

One of the most common causes of trucking accidents in the US is fatigued driving. According to the US DOT, fatigued driving is a factor in nearly 13 percent of commercial vehicle crashes. To combat this, the government heavily regulates truck driver hours. However, strict delivery schedules and payment incentives can influence drivers to drive longer than federal limits allow. Other common causes of truck driving accidents can include:

• Distracted driving
• Impaired driving
• Speeding
• Aggressive driving
• Wide-right turns
• Poor road conditions
• Faulty truck parts
• Inexperienced operators
• Unsafe road design

Vicarious Liability in New Jersey Truck Accidents

Most truck accidents involve commercial entities, which raises questions about employer-employee liability. As a general rule, commercial entities are vicariously liable for negligent acts their employees commit under the scope of their employment. This means you can hold trucking companies responsible if one of their negligent drivers hurts you while on the job.

The technical legal term for this vicarious liability is respondeat superior, Latin for “let the master answer.” When you sustain injuries in a truck accident, you usually file a claim through the company’s liability coverage. This is the main reason why trucking companies take out large liability policies to cover their employees.

Note that trucking companies might label drivers as independent contractors to avoid vicarious liability. However, New Jersey has strict rules about who counts as an employee. If a trucking company exerts a specific level of control over drivers, they are legally employees, regardless of what the company says. Many truck owner-operators count as employees for liability purposes under these rules. An attorney can object to employee misclassification if a company tries to absolve itself of blame by defining its drivers as contractors.

Trucking companies can also be guilty of negligence themselves if some business practice or decision contributed to the accident. For instance, employing a driver without a commercial license or with a history of DUI offenses may constitute negligent hiring practices.

Other Potentially Liable Parties in Truck Accidents

Trucking companies and drivers are not the only parties that can be responsible for accidents:

• Vehicle Manufacturers – You can file a product liability claim against vehicle manufacturers for accidents due to defective truck parts. Common defective parts include tires, axles, headlights, steering columns, tractor hitches, and cargo securement systems.
• Maintenance Crews – Vehicle maintenance crews must keep strict records of making repairs and addressing issues. If they neglect repairs or do not keep appropriate logs, the maintenance company can bear liability if a maintenance failure causes injuries.
• Cargo Loading Crews – A separate company might handle cargo loading and securing. Loading crews can bear responsibility if they don’t pack and tie down cargo correctly.
• Third Parties – Any third party that negligently creates hazardous road conditions can share liability for collisions. For instance, construction companies can be liable if truck accidents happen due to inadequate traffic diversions around building sites.

In many truck accidents, multiple parties can share liability for the same accident. A traffic collision lawyer can identify all potentially liable parties to pursue for compensation.

Compensation in New Brunswick Truck Accidents

New Jersey is a no-fault state for auto collisions, meaning drivers first file a claim with their personal injury protection coverage (PIP), regardless of who is at fault. PIP coverage offers a basic level of compensation and will cover the following economic losses:

• Necessary injury-related medical expenses
• Lost income from missing work
• Replacement service costs
• Funeral and death expenses

New Jersey’s no-fault system normally restricts motorists from suing after an accident unless they suffer a serious injury. However, these restrictions do not apply to commercial vehicle accidents. You should be able to file a liability claim against the trucking company, regardless of how severe your injuries were. PIP coverage alone often won’t cover the catastrophic injuries a truck accident can cause. Brach Eichler Injury Lawyers can help you pursue a liability claim against negligent actors to recover a wider range of losses, including noneconomic damages like:

• Pain and suffering
• Scarring and disfigurement
• Loss of life enjoyment
• Emotional distress
• Other quality-of-life reductions

We aim to be as comprehensive as possible in compensation and will examine every possible avenue for recovering financial restitution. Injuries have far-reaching consequences, and we will do our best to account for typical and atypical injury costs.

New Brunswick Truck Accident FAQ

These questions are some of the most common ones our clients ask about truck accident injury claims and settlements.

How can a New Brunswick truck accident lawyer help prove the trucking company is at fault?

Your truck collision attorney can investigate the accident scene and gather evidence to reconstruct the sequence of events. Evidence can paint a picture of what occurred and prove that one party was negligent and liable for injuries. Insurance companies might try to shift blame or deny responsibility, but an attorney can hold them to their payment obligations.

How do trucking rules affect my case in New Brunswick?

Trucking regulations matter immensely, as violating them can be evidence of negligence from the driver or trucking company. For instance, if a trucking company violates documentation rules regarding fleet inspections and maintenance, it could be liable for any ensuing accidents. Investigating the accident circumstances for rule violations is key to making a truck accident claim.

What evidence do I need for a truck accident case in New Brunswick, and how can a lawyer help gather it?

In commercial trucking accidents, there is a risk that fleet maintenance/repairs or daily administration can destroy evidence for an injury claim. Your attorney can send a letter of spoliation demanding that the company preserve sources of evidence that could implicate fault, such as

• Physical truck body damage
• Fleet maintenance logs
• Electronic logging device (ELD) data
• Loading/unloading reports
• Driver training/certification records

If a trucking company violates a letter of spoliation, courts may be able to impose sanctions and punishments.

Contact a New Brunswick Truck Accident Lawyer Today

Trucking accidents pose unique challenges and complications that can get in the way of recovering your losses. Brach Eichler Injury Lawyers has decades of experience guiding New Jersey residents through complex personal injury claims. Our attorneys have successfully recovered over $500 million for injury clients, and many of our most significant cases involve truck accidents. We have the experience, resources, and tenacity to pursue your claim as far as possible. When it’s your money and well-being on the line, we won’t rest until we have exhausted every legal avenue for recompense.

Contact Brach Eichler Injury Lawyers online or call (973) 364-8300 to speak to a personal injury lawyer in New Brunswick about your truck accident claim. We are available 24/7 and can schedule a consultation whenever is convenient for you.