At Nagel Rice LLP, we know how truck accident cases work, and we are ready to take on the trucking companies and their insurers. We will dig into the details of your case, uncover who is truly at fault, and demand fair compensation for your losses. Let us handle all the legal stress while you focus on healing. Contact us today to get started with your free consultation.

Understanding Truck Accidents

Truck accidents involve large vehicles, defined as those with gross vehicle weights of more than 10,000 pounds. This category includes commercial and non-commercial vehicles but excludes buses and motorhomes. Large trucks account for a significant portion of the vehicles involved in serious crashes nationwide. For example, the National Safety Council reports that large trucks make up 6 percent of all vehicles involved in fatal crashes across the US.

In 2022, 5,837 large trucks were involved in fatal crashes, an increase of 1.8 percent from 2021 and a 49 percent rise over the last decade. Sadly, 5,936 people lost their lives in these crashes, with occupants of other vehicles representing the majority (70 percent) of truck accident fatalities. Injuries from truck accidents also increased significantly in recent years, with 161,000 people injured in large truck crashes in 2022, a 3.9 percent increase from 2021. Similar to fatalities, most truck accident injuries affected occupants of other vehicles (73 percent).

Why Truck Accident Cases Are So Complex

Handling a truck accident case is often far more challenging than dealing with other personal injury claims. This is primarily due to the unique factors involved when a commercial truck is part of a traffic collision, such as:

  • Multiple Parties Sharing Responsibility: Unlike in a car accident case, where responsibility usually falls on one or two drivers, a truck accident often involves several liable parties. In addition to the truck driver, liability might extend to the trucking company, cargo loaders, and even truck parts manufacturers. Identifying who bears responsibility takes extensive investigation.
  • Federal and State Regulations Coming into Play: Truck drivers and companies must follow strict federal and state regulations, including hours of service limits, truck maintenance requirements, and cargo loading rules. Lawyers must analyze whether any parties violated these rules, adding another layer of complexity to investigations. Gathering and reviewing records to confirm compliance can uncover crucial evidence for your claim.
  • Trucking Companies and Their Insurers Being Well-Prepared: Large trucking companies often work with teams of lawyers and powerful insurance companies to defend against claims. These companies usually take immediate action after truck accidents to minimize their liability. They commonly deploy investigators to accident scenes or take steps to limit access to evidence. Taking on a truck accident case means going up against well-funded opponents with extensive resources.
  • Truck Accidents Causing More Serious Injuries: Due to the size and weight of commercial trucks, accidents involving these vehicles often result in severe or fatal injuries. This makes the claims process more complicated because the compensation amounts increase significantly with the severity of injuries, prompting trucking companies and their insurers to defend their actions especially hard. Evaluating the full extent of medical needs, long-term care costs, and lost earning capacity requires a deep understanding of the lasting impact of these injuries.

Dos and Don’ts After a Truck Accident

The steps you take after a truck accident can significantly impact your ability to recover compensation for your injuries and related losses. Here are some key actions you should and shouldn’t take after a truck accident to safeguard your claim and well-being.

Dos After a Truck Accident

Here are some essential things you should do after a truck wreck:

  • Seek Medical Attention as Soon as Possible: Even if you feel fine, you should know that some injuries do not show immediate symptoms. A doctor can evaluate your condition and document your injuries, providing medical records that can offer crucial evidence if you file a claim.
  • Contact an Attorney Quickly: Truck accident cases are complex and often involve large companies with significant resources. Consulting a lawyer early on will help you through the legal process and prevent you from making mistakes that harm your case.
  • Stick to the Facts When You Notify Your Insurance Company of the Accident: When you report the accident to your insurer, avoid giving your opinion or making assumptions about what caused the crash. Simply provide the facts, such as where the accident happened, the parties involved, and the damage or injuries you observed.
  • Be Thorough When Describing Your Symptoms to Your Doctor: When you visit the doctor after the accident, make sure to describe all your symptoms in detail, no matter how minor they seem. This includes any pain, discomfort, or emotional stress. A complete medical record of your symptoms can be vital for your claim.
  • Keep a Detailed Record of Your Expenses: Truck accidents often lead to medical bills, vehicle repair costs, and other unexpected expenses. Keeping a record of every cost, no matter how small, can help you seek appropriate reimbursement. Include receipts, invoices, out-of-pocket expenses, and a log of any income losses related to the crash.
  • Be Patient and Avoid Rushing into a Settlement: Truck accident cases can take time to resolve, especially when they involve severe injuries. Insurance companies often offer quick settlements, hoping you’ll be too desperate to look closely before accepting. Be patient and consult your attorney before agreeing to any offers.

Don’ts After a Truck Accident

Here’s what you shouldn’t do after a truck accident:

  • Don’t Admit Fault or Apologize: Even if you think you might be partially to blame, never admit fault or apologize at the scene. Investigators will determine liability based on the facts. Admitting fault can hurt your case even if the truck driver was primarily liable.
  • Don’t Speak to the Trucking Company’s Insurance Adjuster Without Legal Advice: The truck driver’s insurance company will likely contact you soon after the accident. They might try to get you to say something that could reduce your compensation, so watch out. Always consult your attorney before speaking to an adjuster.
  • Don’t Sign Anything Without Consulting a Lawyer: The insurance company will probably try to get you to sign a settlement offer before all the facts are in. Always consult an attorney before accepting or signing any documents related to the accident.
  • Don’t Wait Too Long to File a Claim: Every state has a time limit for filing personal injury claims, and waiting too long could prevent you from being able to recover compensation. Act promptly to make sure your lawyer has plenty of time to handle your case within the relevant filing window.
  • Don’t Repair Your Vehicle Before Documenting the Damage: Before making any repairs to your vehicle, take photos to ensure your insurance company and lawyer have documentation of the damage. Premature repairs can lead to disputes about the extent of damage resulting from the accident.
  • Don’t Post about the Accident on Social Media: Avoid sharing details about the accident or your injuries online. Insurance companies often monitor claimants’ social media accounts and can use anything you post to challenge your claim.

What to Do After a Trucking Accident

Documenting the Accident Scene

Documenting the accident scene is one of the most important steps you can take to protect your claim after a truck accident. Clear and thorough documentation can provide solid evidence to support your case if you need to seek compensation later. If you’re physically able, you should take several key actions at the scene to gather the necessary information.

First, take as many photos as you can. Photograph the damage to all vehicles involved, including close-up shots and wide angles of the entire accident scene. Also, capture skid marks, road conditions, traffic signs, and any visible injuries. Photos provide valuable visual records that can show how the accident happened and the extent of the damage it caused.

Next, collect information from the truck driver and any witnesses. Write down the truck driver’s name, contact information, insurance details, and license plate number. Also, get contact information from anyone who saw the accident, as their testimony could strengthen your case.

Finally, take notes on any details you remember about the accident. Document the time, ambient weather conditions, and anything unusual that might have contributed to the crash, such as road hazards or sudden traffic changes. Writing down this information soon after the accident is better than relying on your memory to recall important details later.

Dealing with Law Enforcement

If police officers respond to the scene of the accident, they will play a key role in documenting what happened. By knowing how to interact with officers at the scene, you can ensure they can report the accident properly. Your goal should be to provide clear, factual information without making any statements that others could misunderstand or use against you later.

First, remain calm and cooperative when the officer asks for your version of the events. Always stick to the facts and avoid speculating or making assumptions about who was at fault. If you’re unsure about something, it’s okay to say so rather than guessing. Keep your answers short and to the point, focusing only on what you know for certain.

Avoid admitting fault or apologizing for the accident when giving your statement, even if you think you might have contributed to it. The investigation will ultimately determine who is at fault, and any admission could harm your chances of recovering compensation.

Before leaving the scene, ask the officer how to obtain a copy of the police report. This document will be important when filing your claim, as it includes the officer’s official findings and might contain helpful evidence like witness statements or a diagram of the scene.

Getting Medical Attention and Documentation

Seeking prompt medical attention is crucial after a truck accident, even if you feel fine or think your injuries are minor. Truck accidents often cause severe trauma that is not immediately obvious, such as internal bleeding, concussions, or whiplash. Delaying medical care can worsen your condition and make it harder to prove that your injuries are connected to the accident.

When you visit the doctor, be thorough in describing your symptoms. Tell the doctor about every pain, discomfort, or unusual feeling you have, even if it seems minor. This helps your doctor document all your injuries in your medical records, which will be vital if you file a compensation claim. Follow your doctor’s recommendations closely, including attending follow-up appointments and sticking to prescribed treatment plans. Insurance companies might try to argue that your injuries aren’t serious if you skip treatments or ignore medical advice.

Additionally, keep copies of all medical documentation, including doctor’s notes, treatment records, and receipts for any related expenses. These documents can provide essential evidence of your injuries and medical expenses so you can recover full compensation if you file a truck accident injury claim.

Handling Insurance Communications

Communicating with insurance companies after a truck accident can be tricky. Your insurance company and the trucking company’s insurer will likely reach out to you for details about the accident. It’s important to approach these conversations carefully so as to avoid saying anything that could harm your claim.

When you speak to your own insurance company, stick to the facts. Provide them with basic information about the accident, such as where it happened and the damage it caused. Avoid giving opinions, speculating about faults, or downplaying your injuries. If you are unsure about any details, it’s better to admit you don’t know than to estimate or theorize.

If the trucking company’s insurance provider contacts you, it’s best to speak with a lawyer before you respond. The trucking company’s insurer might try to get you to say something that can twist into an admission of fault and get out of paying you fairly. The company might also offer a quick settlement before you have the time to speak with a lawyer and understand what your case is really worth. Always consult an attorney before providing a recorded statement or agreeing to any settlement. Once you accept an insurance settlement, you can’t ask for more money later.

In general, keep your conversations with insurance companies brief and factual. Let your lawyer handle any detailed negotiations to increase your odds of getting the compensation you need.

Legal Considerations in Truck Accident Claims

Understanding New Jersey law is critical when pursuing a truck accident claim. Two key aspects of state law that can significantly affect your case include New Jersey’s comparative negligence rules and filing deadlines for personal injury lawsuits. These rules determine how fault gets assigned and how long you have to take legal action. Failing to understand or follow these laws can limit your ability to recover compensation or even prevent you from filing a claim at all. 

New Jersey’s Modified Comparative Negligence Rules

Under New Jersey’s modified comparative negligence rule, you can recover compensation at trial as long as you are no more than 50 percent at fault for the accident. However, if you are partially responsible, your compensation will decrease by the percentage of your fault. For example, if a jury awards you a verdict of $100,000, but a court finds you 30 percent at fault, you would only receive $70,000. If you are more than 50 percent responsible, you cannot recover any money.

As such, it’s crucial to gather as much evidence as possible so that you minimize the percentage of fault you bear. Insurance companies understand the 50 percent rule and will likely try to shift some of the blame onto you to reduce or eliminate the amount they must pay. A lawyer who can defend your interests and show that the truck driver or another party was primarily responsible can significantly increase your payout.

New Jersey’s Filing Deadlines for Truck Accident Lawsuits

New Jersey also has specific deadlines for filing personal injury lawsuits. You typically have two years from the date of a truck accident to file a claim. If you miss this deadline, you lose the right to seek compensation for your injuries. This two-year time frame applies to most personal injury claims, including those arising from truck accidents. 

By understanding these legal deadlines and New Jersey’s comparative negligence laws, you are better prepared to build a strong case. Prompt action gives your legal team plenty of time to gather evidence, negotiate with insurance companies, and take your case to court if necessary.

Choosing the Right Truck Accident Lawyer

Choosing the right lawyer is one of the most important decisions you’ll make after a truck accident. Truck accident cases are often more complex than other injury cases, so having an experienced attorney who understands the unique challenges can make a significant difference in the outcome of your claim. Here are some factors to consider when selecting a lawyer.

First, look for an attorney with specific experience in handling truck accident cases. These cases involve federal regulations, multiple liable parties, and large commercial insurance policies, so you’ll want someone familiar with these complexities. Nagel Rice has significant experience handling trucking accident cases. 

Next, ensure the lawyer has the resources to handle your case. Truck accident cases often require extensive investigation, expert testimony, and specialized evidence like black box data or maintenance logs. You want an attorney with the ability to manage these tasks efficiently and thoroughly.

Communication is also key in truck accident cases. Choose an attorney who listens to your concerns, explains your legal options clearly, and keeps you updated on the progress of your case. You should feel comfortable asking questions and confident that your lawyer is fully invested in delivering the results you deserve.

Lastly, review client testimonials and read about the lawyer’s reputation. Positive reviews and referrals from past clients can provide insight into how the lawyer handles cases and treats clients. Ultimately, the right truck accident lawyer will have the experience, resources, and commitment necessary to pursue full and fair compensation for your losses.

Understanding Claims and Compensation

After a truck accident, you might have grounds for different types of claims depending on the circumstances of the crash and the losses you suffer. Below are the main types of compensation claims you can file after a truck accident:

  • Personal Injury Claims: If you suffered injuries in the accident, you can file a personal injury claim. This allows you to seek compensation for medical expenses, lost wages, pain and suffering, and any future medical care you might need. Personal injury compensation aims to help you recover financially and physically from your injuries.
  • Product Liability Claims: If a defective part on the truck, such as malfunctioning brakes or a faulty tire, contributed to the accident, you might have a product liability claim. This type of claim targets the manufacturer of the faulty part and seeks compensation for any injuries or damage resulting from the product’s failure.
  • Wrongful Death Claims: If a loved one died as a result of the accident, you could have grounds for a wrongful death claim. This type of claim seeks compensation for funeral costs, loss of financial support, and emotional suffering. It allows surviving family members to recover financially after losing a loved one in a preventable accident.

Compensation for Truck Accident Injury Claims

When you file a truck accident claim, you can seek several types of compensation to cover numerous crash-related losses. 

First, you can seek compensation for medical expenses. This includes the costs of hospital stays, surgeries, medications, rehabilitation, and any future medical costs you might incur due to your injuries. Medical expenses can add up quickly after a truck accident, so this type of compensation can help you avoid the financial strain of paying out of pocket.

You can also recover compensation for lost wages if your injuries prevent you from working. This includes income you lose while recovering from the accident. You can also seek compensation for reduced earning capacity if your injuries prevent you from returning to your previous job or limit your ability to work in the future.

In addition to financial losses, you can seek compensation for subjective losses like pain and suffering. This accounts for the physical and emotional distress caused by the accident. In some cases, you could also be entitled to compensation for reduced quality of life if your injuries affect your ability to enjoy everyday activities or hobbies.

Contact The New Jersey Truck Accident Attorneys at Nagel Rice LLP

If a truck accident has turned your life upside down, you deserve a legal team that will stand up for your rights and fight for the compensation you need to get back on track. At Nagel Rice LLP, we’re here to help you take that first step toward recovery. Contact us today for a free consultation so we can review your case, discuss your options, and help you move forward.