Who Is Liable in a Truck Accident in Newark, New Jersey?

If you want to pursue legal action after a truck accident, you need to know who was at fault for the crash. While New Jersey’s no-fault laws require drivers to cover medical expenses through their own personal injury protection (PIP) insurance, they often need to seek coverage for vehicle damage and non-economic damages from the at-fault party.

Who is liable in a truck accident in Newark, NJ? This blog examines potential liable parties and methods for determining truck accident liability. For personalized legal assistance with your case, consult an experienced truck accident attorney.

Common Causes of Truck Accidents in New Jersey

Understanding why your accident occurred could help you pinpoint the liable party. Common causes of truck accidents include:

Truck Driver Negligence

If the truck driver was speeding, distracted, or otherwise violating traffic laws at the time of the accident, they might be at least partially liable.

Adverse Road Conditions

Semi-truck drivers sometimes lose control of their vehicles in poor road conditions, especially if they suddenly hit the brakes or make another fast maneuver. This can quickly lead to a catastrophic collision.

Improper Cargo Loading

The cargo in the trailer must be loaded in a balanced and methodical manner to prevent it from shifting and throwing the trailer off kilter. Improper loading can lead the truck to jackknife and prevent the driver from maintaining control.

Inadequate Vehicle Maintenance

Trucks have countless moving parts that require regular maintenance. Inadequate maintenance can cause parts to malfunction and lead to an accident.

Potential Liable Parties in a Truck Accident

Several parties might be liable in a truck accident. These are a few of the parties that might be fully or partially liable for your crash:

• The truck driver: The driver of the semi-truck may be liable if they violated traffic laws, causing the accident.
• The truck company: Trucking companies often assume vicarious liability for their drivers, which means you will likely communicate with the company rather than the driver themself. The truck company may be directly liable for the accident if it failed to properly maintain the truck or required the driver to work unsafe hours or without adequate training.
• The truck manufacturer: The manufacturer of the semi-truck or any other vehicles involved in the accident could be partially to blame if it made an error that caused a malfunction, leading to the accident.
• The cargo loading company: The party responsible for loading the trailer might be liable if it improperly loaded the cargo and caused the truck to be unstable.
• Another third party: Perhaps the accident occurred because of a pothole that the city failed to repair or a missing road sign that was the responsibility of a construction crew. Third-party liability may have also contributed to the accident.
• Another driver: If the accident involved multiple vehicles, another driver might be partially at fault.
• You: Of course, you might share partial liability with another party or be fully responsible for the accident, depending on the circumstances.

New Jersey’s Modified Comparative Negligence Rule

Under New Jersey’s modified comparative negligence policy, multiple parties can assume partial liability for a truck accident. The insurance company can assign a percentage of fault to each party, depending on their level of involvement in the accident.

Only parties who were 50% or less responsible for the accident can seek compensation from other parties. Your compensation would be reduced by your fault percentage. For instance, if you were 20% liable for the accident, you would have the right to seek 80% of your damages.

If you were more than 50% responsible, you would be barred from recovering damages.

Because of this policy, it is important that you do not falsely assume blame for the accident. An experienced truck accident attorney in Newark, New Jersey, can help you prove who is liable.

How To Prove Liability in a Truck Accident

Gathering evidence to prove who is liable in a truck accident can help you reduce your own fault percentage and potentially seek a greater compensation award.

Evidence that may help support your case includes:

• Photos and videos of the accident scene
• A copy of the police report
• Data from the truck’s black box device
• Witness testimonies
• Dashcam or security camera footage

The trucking company may not willingly share evidence, such as the truck’s black box data. Your truck accident attorney may need to help you subpoena this evidence to build your case.

Seek Legal Assistance With Your Truck Accident Case in Newark, New Jersey

Pinpointing who is liable in a truck accident can aid your compensation process. But truck accidents are often complex, and liability is not always clear. An experienced truck accident attorney can provide guidance through this process.

Need an attorney you can rely on after a truck accident in Newark, New Jersey? Our attorneys at The Law Offices of Peter N. Davis and Associates, LLC, help Newark truck accident victims understand their rights and options. Contact us today at (973) 279-7246(973) 279-7246 to request a free case review with our truck accident attorneys.

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

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72 Essex Street, Suite 2,
Lodi, New Jersey 07644
(973) 279-7246(973) 279-7246
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