New Jersey Driver Error Accident Attorneys
Were you injured in a truck accident caused by the truck driver’s error? If so, turn to the experienced truck accident attorneys at Brach Eichler Trial Lawyers for the dedicated legal counsel you need.
Commercial vehicles transport goods around the country every day. It’s hard to drive anywhere without crossing paths with one. Truck drivers are often overworked and underpaid. They drive hundreds of miles and work long hours to meet the company’s deadlines. Exhaustion can easily kick in, resulting in a driver error that can cause a devastating accident.
Commercial trucks are much larger than cars, motorcycles, and other vehicles on the road, and they often carry hundreds of pounds of cargo. When you collide with an 18-wheeler or tractor-trailer, you can sustain life-threatening injuries. If the trucker caused the crash, you can hold them financially responsible for your losses.
When you’ve been injured in a truck accident, it’s important for you to know that your case is in the best possible hands. The attorneys at Brach Eichler Trial Lawyers are committed to pursuing the justice and full compensation that truck accident victims deserve. We’ve helped numerous accident victims, and we can help you, too.
Contact our attorneys at (973) 364-8300 today to schedule a free consultation.
Truck Driver Errors that Cause Accidents
Wrecks due to driver error are traumatic for everyone involved. Victims suffer from severe injuries that could become fatal. When a trucker doesn’t pay attention when they’re behind the wheel, they put everyone around them at risk. What’s worse is that truck crashes are preventable.
The common mistakes truck drivers make on the road include:
- Driving while impaired by drugs or alcohol
- Drowsy driving
- Failing to check blind spots
- Distractions, such as texting, eating, or talking on the phone
- Braking incorrectly, causing the truck to jackknife or rollover
- Failing to adjust for adverse weather
Truck drivers also need to be aware that when they cause an accident, their vehicle is much more likely than a passenger vehicle to cause serious injuries and fatalities. We can identify the different types of commercial trucks commonly involved in crashes, including:
- Big rigs
- Dump and garbage trucks
- Tanker trucks
- Tow trucks
- Delivery vans
- Commercial buses
- Construction trucks
- Moving vans
- Ambulance and EMS
Proving a truck driver or trucking company was negligent because of driver error is necessary to receive compensation for your losses. Hiring an experienced attorney can increase the likelihood of winning a financial award.
At Brach Eichler Trial Lawyers, we use all the resources at our disposal, such as expert witnesses and accident reconstruction experts, to build a solid case and seek justice against the truck driver whose carelessness led to your injuries.
What to Do After Getting Hurt Because of a Truck Driver’s Error
The steps you take after a crash are important. Making the wrong decision could result in a denied claim or low settlement amount. When you’re trying to build a solid case, you need to gather evidence showing someone else caused your accident. Before leaving the scene of the wreck, it’s important to collect the following information and records:
- Call an officer to the crash site to write a traffic crash report, and request a copy of it
- Write down the trucker’s name, contact information, and insurance information, as well as the name of the company that employs them
- Speak to people who witnessed the accident and get their names and phone numbers
- Take photos of the scene, including vehicle damage and debris on the road
Seeking medical care is also a crucial aspect of building evidence. You have to go to a doctor, even if your injury is minor, if you want to pursue an insurance claim. If you wait too long, the adjuster might deny your application because you don’t seem injured. If your physician refers you for additional testing or treatment, you should follow their orders and continue treatment until they release you.
New Jersey Injury Claim Laws
If you decide to file an insurance claim against the at-fault truck driver for their negligence that resulted in your injuries, you need to follow certain laws. New Jersey follows no-fault rules when it comes to motor vehicle accidents. When you’re the victim of a crash, you typically have to file a claim with your own insurance first to get coverage for medical expenses and property damage.
PIP, personal injury protection, works much like health insurance in that it pays upfront costs for necessary medical treatment after a truck accident. It doesn’t affect your premium, and you can file a claim regardless of who caused the crash. However, you’re unable to recover compensation for non-economic damages (intangible losses, such as pain and suffering).
All drivers in New Jersey have to carry auto insurance with minimum limits for bodily injury liability. A basic policy contains low coverages that might not sufficiently pay for your total costs. Going through your own insurance could help cover any remaining expenses, so you don’t have to pay for anything out of pocket. The damages you might receive a settlement for include:
- Medical bills
- Physical pain and suffering
- Property damage
- Lost income
- Mental trauma
- Permanent impairment
- Loss of enjoyment of life
- Death benefits for immediate family members if the victim dies from the truck accident
You could potentially also pursue an insurance claim against the trucking company that employed the negligent trucker. If they failed to provide adequate training or didn’t thoroughly check their employee’s professional history and background, they might be liable for damages. Most companies hold liability insurance policies to pay injured individuals for their damages. If you can prove the trucking company negligently hired the truck driver involved in the crash, you could pursue legal action against them.
Modified Comparative Negligence
In New Jersey, there’s a modified comparative negligence standard that dictates the maximum compensation a victim of a vehicle accident can recover based on their own fault. If you share any fault up to 50%, your total recoverable damages get reduced based on that percentage.
Let’s say the trucker was texting while driving, and that’s why the crash happened. A jury decides they were 80% to blame, but you ran a red light, so you’re 20% to blame. If your total damages are $100,000, you would only be eligible for up to $80,000 in compensation ($100,000 minus 20%). If you hold more than 50% fault, you lose your right to pursue a financial award.
Contact an Experienced New Jersey Truck Accident Attorney
Brach Eichler Trial Lawyers has a proven track record of winning our clients’ cases. We provide personalized service and work hard to seek the justice you deserve. We know you’re in pain and struggling to pay your medical bills. It’s our mission to exceed all your expectations and get you back on your feet as soon as possible.
When you hire us, we’ll fight hard for you. Truck accidents have a traumatic impact on injured victims, and we want to help you get back on your feet. With our free consultations, there’s no risk to speak with us and get the legal advice you need to move forward.
If a truck driver’s error caused your injuries, and you want to seek financial compensation, call us today at (973) 364-8300.