A negligent truck driver may crash their vehicle into yours. If this happens, you may be able to hold the trucker’s employer responsible. At this point, you may want to meet with a Haddonfield personal injury lawyer to discuss your legal options.
To seek damages from the party at fault for your trucking accident, Demand Rand. By partnering with Rand Spear, The Accident Lawyer, you may file a claim against an at-fault party. Contact us today to schedule a free consultation with our Haddonfield truck accident lawyer.
Truck Laws
There are federal, state, and local regulations in place regarding freight movement. Truckers and their employers must comply with these regulations. Failure to do so may lead to accidents in which truck drivers and their employers are accountable.
The Federal Motor Carrier Safety Administration (FMCSA) requires trucking drivers to have hours of service. It is against the law for a truck driver to spend too much time behind the wheel. If a trucker does not follow these requirements, they may be susceptible to drowsy or fatigued driving, which may contribute to a collision.
Trucking companies must operate their businesses in alignment with laws relating to size and weight restrictions, hazardous material transport, and other criteria. They are also responsible for hiring truckers who have a valid commercial driver’s license (CDL) and understand trucking regulations. If a truck company is in violation of a law and one of its drivers causes an accident, the business may be required to pay compensation to anyone who suffers an injury.
Liability in a Truck Accident
In many instances, a trucking driver or their employer is at fault for a crash. For example, a trucker may cause a drunk driving crash. If the driver was an owner-operator of their vehicle, they may be fully at fault.
There are instances where a truck parts manufacturer is liable for a collision. For example, a trucker may get into a crash due to faulty parts. If this occurs, the parts manufacturer may be accountable since they may have provided the components that ultimately contributed to the crash.
Rand Spear, The Accident Lawyer, may be able to help you determine who is at fault in your trucking crash. Our Haddonfield truck accident attorney also offers a no-win, no-fee guarantee for personal injury cases. Contact us to learn more.
Haddonfield Truck Accident Lawyer Near Me (215) 985-2424
When to File a Truck Accident Claim
Based on New Jersey Statutes §2A:14-2, there is a two-year statute of limitations for injury claims. You may have a maximum of two years from the date of your trucking collision to seek damages. If you decide not to submit a claim within this period, you may be solely responsible for your crash-related losses.
A truck crash and a car accident are different, particularly when it comes to the claims process. In both types of collisions, you may request compensation from an at-fault party’s insurance provider. With a trucking crash, you may ask for money from a trucking company’s insurer, and it may be difficult to get the damages you want.
In a truck crash case, an at-fault party’s insurance company may do everything it can to avoid paying you damages. A truck accident attorney in Haddonfield may help you deal with this business. They may work with you to gather evidence and prepare an argument to show you deserve the damages you are requesting.
Proving Fault in a Truck Crash Case
You must provide a body of proof to show that an at-fault party was negligent and caused your trucking crash. Doing this is often easier said than done. There are four elements of negligence you must prove were present when your collision occurred:
- Duty of Care: You must verify that an at-fault party was legally obligated to act in a reasonable manner.
- Breach of Duty of Care: You must illustrate that this party chose not to comply with their legal obligation and instead acted recklessly or carelessly.
- Causation: You must be able to show your accident was the result of a party’s decision to violate their duty of care.
- Damages: You must provide details about your economic and non-economic losses.
The evidence you use in your personal injury case may include accident scene photos and videos, medical records, and witness statements. In addition, you may be able to use trucker personnel records, truck maintenance records, and other relevant information to support your claim. A truck accident lawyer in Haddonfield may help you collect evidence and find the best way to present it to a judge or jury.
How Much a Truck Accident Claim Is Worth
An attorney may help you calculate the worth of your claim. They may consider your medical bills, lost wages, property damage, and other quantifiable losses. A lawyer may also look at pain, suffering, and other subjective losses you have incurred.
What you ask for in a trucking collision case may not be what a judge or jury awards. New Jersey has a comparative negligence law. If you are found to be primarily responsible for your trucking collision, you may not be awarded any damages.
For instance, a judge or jury may deem you 51% responsible for your trucking collision. In this instance, you and another party share responsibility. However, because you are more at fault than the other party, you are not eligible to receive any compensation.
Truck Crash Case Settlement
You may have the opportunity to settle your claim without a trial. The defendant in your case may offer a settlement. If you accept the proposal, you will receive compensation, and your claim will be resolved.
If you hire an attorney, choose one who has a track record of success with verdicts and settlements. This lawyer will not push you to accept a settlement. They will encourage you to weigh the pros and cons of an offer and make an informed decision about it.
A settlement may offer a quick resolution to your trucking crash case, but it may not be the best solution. With help from an attorney, you may be able to analyze the short- and long-term ramifications of any decision you make regarding a settlement offer. If you decide it is not in your best interests to accept a settlement proposal, you may decline the offer without any penalties.
Pursue Compensation in a Truck Accident Claim
Rand Spear, The Accident Lawyer, understands the challenges associated with trucking crash claims. We can evaluate your case and help you decide if now is the right time to pursue damages from any at-fault parties. Contact us today to request a free consultation.
Call or text (215) 985-2424 or complete a Free Case Evaluation form
