Trucking Accidents: Common Causes & Liability
October 1, 2019 | By admin
Dealing with the Aftermath of Trucking Accidents in New Jersey
Unfortunately, trucking accidents are more common than you might realize. The problem with truck accidents is that they are almost always severe. The impact of a large commercial truck crashing into a vehicle is usually disastrous, causing serious injuries to the driver and passengers in the vehicle.
Navigating a legal case following a trucking accident can also be complex. You and your legal team will need to determine important factors like the cause of the accident and who is liable for the damages.
Common Truck Accident Causes in Middletown
Negligence is often involved when a truck accident occurs. However, a truck accident can occur from any of the following causes:
- Poor weather
- Aggressive driving
- Failure to follow local laws and road signs
- Distracted driving
- Driving under the influence
- Improper mechanical repairs
- Improper loading of cargo weight
When any of these causes occur, it can cause the truck driver to lose control and crash into another driver. If that other driver is an automobile driver, it can lead to a severe car accident, sometimes even leading to fatalities.
Determining Liability in an Edison Truck Accident
The trucking industry is regulated by the U.S. Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA). This means that truck drivers and companies’ are expected to follow the specific regulations and laws determined by these companies.
Determining who is liable for the damages caused in a truck accident will depend on the individual details of the accident. Any of the following parties could be liable:
- Truck driver
- Trucking company
- Trucking manufacturer
- Trucking repair company
- Shipper/loader of the cargo
The trucking company itself will sometimes attempt to limit their liability by hiring truck drivers as independent contractors. However, this act in itself does not diminish their liability if they are to blame for the accident.
In order to determine liability, we will collect the necessary evidence to determine the following four elements of personal injury:
- Duty of care: Drivers, both vehicle and truck drivers, owe a legal duty of care to the other drivers and pedestrians on the road
- Breach of duty of care: Negligent actions like distracted driving and failing to yield breach that duty of care
- Causation: If the negligent actions of the truck driver or trucking company were the cause of the accident, they may be held liable
- Actual damages: Demonstrating the actual damages that were a result of the truck accident will help us collect the compensation that you deserve for them
Recoverable Damages in a Truck Accident
A truck accident can lead to many expensive damages. We will fight to determine liability and collect the compensation that you need to cover the following types of costs:
- Current medical costs
- Anticipated medical costs
- Lost wages and work benefits
- Property damages
- Pain and suffering
- Wrongful death
- Rehabilitation costs
- Loss of companionship and parental support
Our team at Lombardi and Lombardi, P.A. will work hard to get you the justice and compensation that you need following a New Jersey truck accident.
Contact a Woodbridge Personal Injury Lawyer to Discuss Your Truck Accident Case in New Jersey
Did you or a loved one sustain serious injuries due to a truck accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Lombardi and Lombardi, P.A. represent clients injured because of truck accidents in New Brunswick, Lakewood, Toms River, Jackson, and throughout New Jersey. Call 732-906-1500 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 1862 Oak Tree Road, Edison, NJ 08820, as well as offices in Edison, Brick, Freehold, and Point Pleasant Beach.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.