If you have sustained injuries in a collision with a commercial vehicle caused by someone else, contact a truck accident lawyer in Newark ASAP. According to data from the state attorney general, commercial trucks are involved in about 10 percent of traffic accidents in Essex County. These accidents are particularly destructive and can leave victims with severe injuries that are expensive to treat and manage. The attorneys at Brach Eichler Injury Lawyers have experience handling truck accident cases and can provide the guidance you need. We offer a free consultation to truck accident victims, allowing you to understand your legal options at no cost. Consulting with a Newark truck accident lawyer as soon as possible is important to protect your rights and support the timely filing of your claim. A Newark truck accident lawyer can provide legal assistance to a truck accident victim facing severe injuries and financial liability, helping protect their rights.
The truck accident attorneys in Newark from Brach Eichler Injury Lawyers can pursue fair compensation from the negligent truck driver, trucking company, or other at-fault party. Our attorneys handle truck accident cases on a contingency fee basis, meaning you only pay if we obtain compensation for you. Life can be difficult in the aftermath of a severe accident, but we can help balance the scales and pursue justice on your behalf. We will work to hold negligent trucking companies and drivers accountable to the fullest extent to seek the relief you deserve.
Call Brach Eichler Injury Lawyers today at (973) 364-8300 or contact us online to speak to a personal injury attorney in Newark.
Types of Truck Accidents in Newark
Trucks get into all the same kinds of accidents regular cars get into — i.e., rear-end collisions, sideswipes, and head-on crashes. However, commercial truck collisions are common and often more severe due to the size and weight difference compared to passenger vehicles. Truck accidents are a particularly severe subset of motor vehicle accidents, with unique legal considerations and a significant impact on victims. Accidents commonly specific to commercial trucks include:
- Head on collisions. Head on collisions involving trucks are particularly severe and can result in catastrophic injuries due to the force and mass of the vehicles involved.
- Underride accidents. Underride accidents occur when a passenger vehicle gets wedged between the ground and the underside of the tractor-trailer.
- Semi truck accidents. Semi truck accidents are a distinct and especially dangerous type of truck accident, often resulting in severe injuries or fatalities due to the massive size and weight of semi trucks.
- Jackknife accidents. In a jackknife accident, the trailer’s momentum causes it to fold forward and drag cars along the road.
- Fishtailing. Tractor-trailers can lose control from poor road conditions and swerve behind the truck cabin in a fishtail-like motion.
- Right-turn accidents. Trucks take wide right turns and can pull forward into oncoming traffic before turning.
- Blind spot accidents. Trucks have blind spots on all four sides that obstruct vision and impede surveillance.
- Fallen cargo. Unsecured or loose cargo can fall from a truck bed and collide with traffic or cause drivers to swerve.
- Trucks are involved in a significant share of fatal motor vehicle crashes in the United States compared to their share of registered vehicles.
What Are the Most Common Causes of Truck Accidents in Newark?
One of the major causes of truck accidents is truck driver fatigue. The federal government heavily regulates trucker driving hours to help prevent accidents due to fatigue. However, delivery schedule pressures and payment incentives within the trucking industry may cause truck drivers to drive past their limits and fall asleep at the wheel. According to the FMCSA analysis, driver fatigue contributes to about 13 percent of large truck crashes.
Other common causes of truck crashes include:
- Impaired driving
- Distracted driving
- Driver distraction
- Speeding
- Reckless driving
- Ignoring traffic signals
- Insufficient driver training
- Defective truck parts (a truck manufacturer may be liable if faulty equipment contributed to the accident)
- Equipment failure due to poor maintenance
- Bad weather
- Dangerous road conditions
Violations of New Jersey traffic laws by truck drivers or unsafe practices within the trucking industry can lead to an accident involving a commercial truck, increasing the risk of severe injuries and complex liability issues.
Common Injuries from Truck Accidents
Trucks are much larger than normal cars, and this massive size difference makes truck accidents exceptionally destructive. Nearly 70 percent of truck accident fatalities are passenger vehicle occupants, and accidents can cause catastrophic damage, even at low speeds. Accident injuries from a truck accident can be severe, with victims often suffering serious injuries that require immediate and ongoing medical attention. Seeking prompt medical treatment after a truck accident is important to protect your health, identify internal injuries that may not be immediately visible, and strengthen your injury claim. Injuries from a truck accident include:
- Whiplash
- Bruises and soft-tissue injury
- Muscle and tendon strains
- Broken bones and fractures
- Laceration and cuts
- Concussions or traumatic brain injuries (TBIs)
- Chest injuries
- Spinal cord injuries
- Burn injuries (often due to fuel loads causing fires) and abrasions
- Hearing and vision loss
- Amputations
- PTSD
- Catastrophic injuries
- Serious injury
It is important to document all injuries involved and use medical records to support your claim, as these records help establish the extent and cause of the injuries. Rehabilitation costs are also a significant part of recovery for those who have suffered injuries in truck accidents.
Victims of truck accidents often deal with long-term effects of their injuries, including psychological trauma and the development of disabilities. Truck crashes often cause permanent injuries that require drastic life alterations. Demonstrating the extent of your injuries and their impact on your life is a key part of a truck accident claim.
Who Is Liable for Truck Accidents in Newark?
In many instances, the truck driver is liable for accidents. However, not all truck accidents are caused solely by truck drivers; car drivers can also be responsible or contribute to the accident when an accident happens due to driver negligence or recklessness. Trucking companies typically assume liability for employee negligence under a legal theory called respondeat superior. However, this situation can be more complicated when the truck driver is an independent contractor and not a full-time employee. In the case of an independent contractor, you could potentially directly pursue compensation from the driver.
Trucking companies can also bear liability if their negligent practices contributed to the accident. For instance, a company could be liable for negligent hiring practices if it hires a driver with a history of DUIs. Other entities that might share liability in a truck accident include truck manufacturers, truck maintenance crews, and loading crews.
Determining fault in a truck accident involves evaluating several factors, including the actions of both drivers (such as car drivers and truck drivers), road conditions, and adherence to traffic laws.
After a truck accident, insurance providers play an important role in determining financial liability and handling claims. Their involvement is key in negotiating settlements and helping all parties understand their responsibilities regarding compensation and ongoing financial liability.
What Kind of Evidence Is There in Newark Truck Accident Cases?
One of the most important parts of a truck accident claim is the initial evidence-gathering portion. It is here that an attorney will gather evidence, including medical records and documentation of lost wages, to build a strong case and find a sufficient evidentiary basis to support your injury claim. Several types of evidence could be relevant in a truck accident claim, such as:
- Photos and videos. Photos and videos can provide a before and after look at the accident scene and corroborate a claimed sequence of events. For instance, a video can show whether the driver failed to yield at traffic signals or committed a similar infraction.
- Police reports. Police reports provide an objective and unbiased account of the accident circumstances as well as the date, location, and involved parties.
- Eyewitness testimony. Eyewitness accounts from those present at the accident scene can confirm or deny claims about the facts of the collision.
- ELD data. Federal law requires all commercial trucks to contain an electronic logging device (ELD) that tracks truck performance and driver inputs. These ELDs record data that could be relevant for reconstructing an accident scene, like steering wheel angle, acceleration, and engine hours.
- Truck maintenance logs. Truck maintenance logs can also determine whether maintenance crews neglected or made incorrect repairs.
Accident Victims’ Rights After a Truck Accident in Newark
Being involved in a truck accident can be overwhelming, but it’s important for accident victims in Newark to understand that they may have important legal protections and options throughout the claims process. Knowing your options is one step toward seeking fair compensation and holding potentially responsible parties accountable for the harm you have suffered.
As a truck accident victim in New Jersey, you may have the right to:
- Pursue Compensation from Potentially Liable Parties: You may be entitled to seek financial compensation from any party whose negligence contributed to your accident, including truck drivers, trucking companies, vehicle manufacturers, and others involved in the trucking industry, depending on the facts of your case.
- Access to Legal Representation: You have the right to consult with and be represented by a truck accident attorney or personal injury law firm. Legal assistance can help you understand the truck accident claims process and protect your interests.
- Pursue a Comprehensive Investigation: Accident victims can pursue a comprehensive investigation into the cause of the accident. This may involve obtaining evidence such as police reports, electronic logging device (ELD) data, and maintenance records, where available, which can be important in helping to prove liability.
- Protection from Unfair Insurance Practices: Insurance companies are required to handle your claim in good faith under applicable law. You have the right to be treated fairly and to reject settlement offers that you believe do not reasonably account for your medical bills, lost wages, and other claimed damages.
- Protection from Unlawful Coercion or Intimidation: Trucking companies and their insurers should not pressure you into accepting an unfair settlement or discourage you from seeking legal help. You are protected by law from certain unlawful coercive or bad faith tactics.
- Pursue Justice in Court: If a fair settlement cannot be reached, you may have the right to take your case to court and have your claim heard before a judge or jury.
Understanding and asserting these rights can be important for truck accident victims seeking financial compensation and accountability. If you have questions about your rights or need guidance on the legal process, a Newark truck accident lawyer can provide support and advocacy tailored to your situation.
Compensation in a Truck Accident Case in Newark
Normally, in a car accident in New Jersey, you will file a claim with your own no-fault personal injury protection (PIP) coverage. PIP coverage only covers explicit economic losses and can limit one’s ability to sue the other driver for noneconomic losses. In a typical auto accident case, these limitations can significantly affect the amount and type of compensation you may receive.
However, these no-fault rules do not apply to commercial vehicles in New Jersey. This means that you have more freedom to file a claim directly against negligent trucking companies. Under New Jersey law, truck accident victims may be entitled to compensation for the value of their losses, including both economic and, when allowed, non-economic damages. The benefit of a direct personal injury claim is you can potentially recover a wider range of compensation than PIP coverage allows. If you are wondering how much compensation you may be entitled to after a truck accident, it is important to evaluate all your damages and work toward a fair settlement that reflects your losses. Insurance companies often attempt to resolve claims for the lowest dollar value possible, making it helpful for many victims to seek legal representation to pursue appropriate compensation.
Depending on the circumstances of your accident, Brach Eichler Injury Lawyers can pursue compensation for your:
- Emergency medical bills
- Continuing medical expenses
- Hospital bills
- Lost income from missing work
- Lost wages
- Reduced lifetime earning capacity
- Out-of-pocket injury expenses
- Property damage
- Pain and suffering
- Scarring and disfigurement
- Emotional anguish
New Jersey follows a modified comparative negligence rule in many truck accident and auto accident cases. This generally means you can still recover damages even if you were partially at fault for the accident, as long as your fault is less than 50%, but your compensation may be reduced by the percentage of fault attributed to you. Many truck accident cases in New Jersey are resolved outside of court through negotiations between the parties involved, but if a settlement cannot be reached, your case may go to court.
The statute of limitations for filing a truck accident lawsuit in New Jersey is generally two years from the date of the accident. If you were hurt in a collision, you typically must file your truck accident lawsuit within two years of the wreck or risk having your claim dismissed.
The sooner you take action after a commercial truck crash, the better your chances of preserving evidence and responding to defenses that may be raised by the trucking company. The length of time it takes to resolve a truck accident case can vary based on several factors, including the circumstances of the accident and the willingness of the parties to settle.
Handling the legal process after a truck accident can be complex, but Brach Eichler Injury Lawyers will guide you through each step to help you pursue the compensation you are entitled to seek under the law.
Why Choose Brach Eichler Injury Lawyers for Truck Accident Representation in Newark?
Our attorneys at Brach Eichler Injury Lawyers have decades of collective experience helping injury victims in Newark. Our legal team, led by attorneys with extensive truck accident litigation experience, is dedicated to guiding clients through every step of their case. We have recovered over $500 million for injury clients in Newark, and some of our largest cases have been commercial truck accidents. Truck accident lawyers can help gather important evidence, negotiate with insurance companies, and represent you in court if necessary. Legal representation can be especially helpful in truck accident cases due to the aggressive tactics sometimes used by trucking companies and their insurers. Our approach is to focus on detailed accident investigation and documentation in an effort to strengthen your chances of a satisfactory resolution. To that end, we are comfortable working with law enforcement and expert witnesses to support your claims. Truck accident cases can take time to resolve, and having a lawyer can help move the process forward and support your efforts to obtain fair compensation.
We are effective negotiators and litigators at the bargaining table and in the courtroom. Our legal team is familiar with the legal system and can guide you through its demands to protect your rights. We understand tactics insurance companies use to deny payments and know how to push back and demand compensation. Quick settlements don’t tempt us, and we will instead leverage our resources and knowledge to seek to maximize your recoverable compensation. Our goal is to help secure the funds necessary to manage your recovery and provide stability in your difficult circumstances.
Frequently Asked Questions
Below are some of the most common questions we receive about truck accident lawsuits and settlements. For more specific questions, call (973) 364-8300 to get in touch with a Newark big rig accident attorney.
How Can a Newark Truck Accident Lawyer Help If the Trucking Company Is Trying to Avoid Responsibility?
If a trucking company denies responsibility or their insurance company refuses to pay, we can file a lawsuit against them. Formal litigation is usually a last resort, but it may be an effective means to seek compensation if negotiations break down.
What Makes Truck Accident Claims in Newark More Complicated Than Car Accident Claims?
Truck accidents are more complicated than typical auto accidents for three reasons. First, they involve commercial entities with larger insurance policy limits. Second, truck accidents often involve multiple liable parties whose negligence may have contributed to the accident. Third, truck accident cases involve federal regulations governing common carrier activity in the US. You need to work with an attorney familiar with the legal contours of these kinds of cases.
How Can a Newark Truck Accident Lawyer Help Me Collect Important Evidence for My Case?
Evidence destruction is a major concern in truck accident cases. For example, routine fleet maintenance after an accident could destroy key physical evidence for your claim. To combat this risk, your attorney can send the trucking company a letter of spoliation demanding that they preserve any evidence that could be relevant to your claim. This evidence can include physical truck damage, maintenance logs, truck driver training/certification records, and driving logs.
Brach Eichler Injury Lawyers: Your Trusted Newark Truck Accident Law Firm
You can do everything right and still get into a truck accident due to factors outside of your control. Brach Eichler Injury Lawyers stands with injured truck accident victims and is here to provide legal support when they need it the most. Our law firm can rise to the challenges of your truck accident claim and work with you to support your efforts toward closure and healing.
Contact Brach Eichler Injury Lawyers online or call (973) 364-8300 to schedule a free, no-obligation consultation with a Newark truck accident attorney. Our attorneys are available 24/7, so reach out at any time that is convenient for you.
We are the trial attorneys with the experience and knowledge to fight for the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.
Written by: Brach Eichler Injury Lawyers Last Updated : March 10, 2026We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.
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