New Jersey Under/Override Truck Accident Lawyer
Driving next to a large commercial truck in New Jersey is scary, especially if you know how devastating the effects of an under/override truck accident can be. The term “under/override accident” describes crashes where a large truck runs over the top of a smaller vehicle or when a car runs into the back of one of these trucks and winds up underneath it.
Unfortunately, under/override collisions are often extremely serious. The smaller car can be crushed, and the passengers inside may suffer severe injuries or be killed.
If you or a loved one is a victim of an under/override truck accident, you could be owed compensation for the accident and its consequences. At Brach Eichler Trial Lawyers, we have recovered hundreds of millions of dollars for our clients who suffered a loss or sustained injuries due to truck accidents. Speak with one of our New Jersey under/override truck accident lawyers today at (973) 364-8300 to understand what your legal options may be and how we can help you get the compensation you’re owed.
Causes of Under/Override Truck Accidents
While some under/override truck accidents are caused by a distracted or negligent driver of the smaller car, our lawyers often encounter victims of under/override truck accidents who were doing everything right. They couldn’t avoid being hit by a large commercial truck.
Often, we find that the cause of these accidents can be attributed to a few common causes:
- Faulty Brakes: Large trucks have a difficult time stopping when they need to in normal circumstances, so when a truck has faulty brakes, it may be impossible for the driver to stop suddenly. Air brakes can help trucks coast to a stop when necessary, but they can become faulty if they’re not serviced routinely.
- Distracted Driving: Even though they may be operating a fully loaded 80,000-pound 18-wheeler, truck drivers still can be distracted after driving all day long. They may look away to check a text message or look down to adjust the radio and miss the stopped traffic ahead of them, causing them to override the car in front of them.
- Driver Error: Drivers are required to hold a commercial drivers’ license (CDL) to operate a large commercial truck. These licenses require training, but sometimes drivers still make mistakes while operating large trucks. Any error can cause severe accidents and injuries.
- Blind Spots: Large trucks have many large blind spots, including the left and right sides and the rear. Truckers can cause an accident if they’re unaware of a vehicle in their blind spot.
- Driving Under the Influence: Sometimes, drivers take stimulants such as energy drinks, pills, or other drugs in an attempt to stay awake. Those stimulant effects can wear off quickly and cause them to fall asleep at the wheel.
- Driver Fatigue: When drivers spend hours of their day on the road, that can quickly tire. If they fall asleep while driving, they can cause a crash. Tired driving is as dangerous as drunk driving. They may override the car or even multiple cars in front of them before they are able to change course.
Types of Large Trucks that May Cause Traumatic Accidents
There are several types of large commercial trucks that can cause under/override truck accidents if they are not operated properly. These traumatic accidents can be caused by:
- Garbage Trucks
- Tow Trucks
- Tanker Trucks
- Dump Trucks
- Garbage Trucks
- Delivery Trucks
- Flatbed Trucks
Many of these trucks, such as delivery trucks, dump trucks, and garbage trucks, often operate in residential areas. That can make them exceedingly dangerous if the driver fails to follow all necessary protocols while behind the wheel.
Injuries that Under/Override Truck Accidents May Cause
Due to the nature of under/override truck accidents, the injuries sustained may be traumatic or catastrophic. These injuries can include:
- Traumatic Brain Injury (TBI): A TBI may affect the ability to speak, walk, or even breathe. They can be incredibly devastating and life-altering for both the person who sustained the TBI and their family.
- Spinal Cord Injury: Like a TBI, spinal cord injuries can be life-altering when they result in partial or complete paralysis.
- Broken Bones: In this kind of crash, suffering broken bones is likely. These injuries can be costly, depending on the severity of the break. Severe breaks may require surgery to repair them as well as physical therapy and rehabilitation time.
- Internal Bleeding: Under/override truck accidents can cause internal bleeding that may need surgical repair.
- Loss of Extremities: Sometimes, arm or leg injuries are so severe that the medical care team may amputate them in order to save the injured persons’ life.
In some cases, these accidents, unfortunately, result in the car’s occupants’ untimely deaths.
Steps to Take After an Under/Override Truck Accident
The moments after an under/override truck accident can be overwhelming. You may be in shock while you process what just happened to you. If you can, you call 9-1-1 to report the accident as soon as possible. Police and first responders should respond and begin administering aid to anyone who was injured.
The police will write a report and collect witness statements. Make sure to take photos of your car and the accident scene so that you will have them on hand later. If you give a statement, never admit fault in any way while you are at the scene. Anything you say at the moment can be used against you by the at-fault party’s insurer.
Finally, make a call to a truck accident lawyer. They can discuss your crash and advise you on what next steps you should take.
Why You Should Consider Hiring a Truck Accident Lawyer
Hiring a truck accident lawyer after an under/override accident can benefit you immensely. Whether you’re recovering from serious injuries or the unexpected loss of a loved one, you should be able to focus on your family and your health rather than assembling documents together for your personal injury claim.
When you call a truck accident attorney, they can discuss your crash and assess who may be responsible. After they take on the case, they will take over speaking with your insurance company, the truck driver’s insurance company, and any potential third parties that could be involved, such as part manufacturers or maintenance companies.
Large truck crashes can be complex, so having a lawyer on your side to fight for you is essential. We can help you get the compensation you deserve from this accident, rather than a lowball offer.
In New Jersey, we have a two-year statute of limitations to initiate both wrongful death and personal injury lawsuits. This may seem like a long time, but it can pass quickly when you need to gather reams of evidence and recuperate from your accident. Your lawyer will make sure everything is filed in time, so you don’t miss that statute of limitations.
New Jersey Negligence Laws & Types of Compensation You May Get
In New Jersey, we follow the contributory negligence doctrine, which means that all parties involved in an accident can be assigned percentages of the blame. In these large truck accident cases, third parties are often involved. That means each party may be assigned a certain percentage of liability.
The party seeking damages can’t have more than 50 percent of the blame attributed to them. If you do have any percentage assigned to you, then the total award you receive will be diminished by that percentage of fault. For example, if you’re found to be 15 percent at fault, then your award would be reduced by that amount. Your Brach Eichler Trial Lawyers lawyer will fight for your right to full compensation and make sure you’re not assigned an unfair liability percentage.
Types of compensation that you may be able to get as a result of the accident include:
- Lost Wages: You can claim the money you lost when you or your loved one couldn’t work.
- Personal Property Damage: The value of your vehicle, if it was totaled or the cost of its repair, will figure in your settlement or judgment.
- Future Lost Wages: If the injury inhibits you from returning to your previous job, the value of your future earning potential can be claimed.
- Wrongful Death: If you lost a loved one due to an under/override truck accident, you might be able to make a wrongful death claim.
- Medical Bills: The cost of medical bills from an accident like this can be staggering. The settlement can include hospital bills, surgery costs, doctor visits, rehabilitation, prescription pills, and more.
- Pain and Suffering: These damages account for the pain and suffering you suffered as a result of the accident.
- Loss of Support: If your spouse or partner died, you could potentially claim their loss of income as well.
Call an Under/Override Truck Lawyer Today to Get Started on Your Case.
At Brach Eichler Trial Lawyers, we’ve won hundreds of millions of dollars for our truck accident clients. We know how to best fight for you to get you the financial compensation you’re owed. If you were hurt in an under/override truck crash, call us today at (973) 364-8300 to schedule your free, no-obligation consultation.