What to Do When Injured by a Commercial Vehicle in New Jersey

November 6, 2024

Being injured in an accident involving a commercial vehicle can be a life-altering experience. Unlike typical car accidents, those involving commercial vehicles such as trucks, delivery vans, or buses are often far more complex due to the size of the vehicles, the regulations governing their operation, and the involvement of corporate entities. If you or a loved one have been injured in a commercial vehicle accident in New Jersey, understanding your rights and the steps to take can make a significant difference in your case.

1. Prioritize Your Health and Safety

Your safety and well-being should always be your primary concern after any accident. Immediately after an accident with a commercial vehicle:

Check for injuries: Assess yourself and others for injuries. If anyone is seriously hurt, call 911 immediately for medical assistance.
Move to safety: If possible, move to a safe area, but do not leave the scene of the accident. Staying safe from further danger is crucial.
Seek medical attention: Even if you feel fine, some injuries like whiplash, internal injuries, or concussions may not present symptoms immediately. A medical professional can evaluate you and create a record of your injuries, which is vital for any legal action.

2. Call the Authorities

It is essential to notify the police after an accident involving a commercial vehicle. The police will come to the scene, investigate, and file an official accident report. This report can be an essential piece of evidence if you pursue a personal injury claim. Be sure to provide the police with accurate and clear information but avoid making statements that could be used against you, such as admitting fault.

3. Gather Evidence at the Scene

If you can, gather as much evidence as possible at the scene. This can help build a solid foundation for your claim and give your attorney crucial details about the accident. Key pieces of evidence include:

Photographs and videos: Take photos of the accident scene, the vehicles involved, your injuries, road conditions, and any relevant signage or road markings.
Contact information: Get the contact details of the commercial vehicle driver, their employer, and any witnesses. Be sure to note the driver’s license number, license plate, and insurance information.
Company details: Take note of the name of the company or organization that owns the commercial vehicle. Commercial vehicle companies often have insurance policies that differ from individual drivers’ policies, and this information will be crucial for your claim.

4. Report the Accident to Your Insurance Company

New Jersey follows a “no-fault” insurance system, meaning your insurance provider will typically cover some of your medical bills and other expenses, regardless of who was at fault for the accident. However, in severe cases where your injuries exceed the limits of your insurance coverage, you may have grounds to file a personal injury claim against the commercial vehicle driver, their employer, or their insurance company.

Report the accident to your insurance company as soon as possible, and be sure to provide accurate details. Avoid giving recorded statements without consulting your attorney first, as insurance companies may use such statements to minimize your claim.

5. Understand the Role of Commercial Vehicle Regulations

Commercial vehicles, especially large trucks, are subject to stringent federal and state regulations. These regulations, governed by the Federal Motor Carrier Safety Administration (FMCSA) and the New Jersey Department of Transportation, cover everything from the driver’s hours on the road to vehicle maintenance and load limits. Violations of these regulations could contribute to or directly cause accidents.

An experienced personal injury attorney can investigate whether the commercial vehicle driver or their employer violated any of these regulations. Common violations that may lead to accidents include:

Driver fatigue: Commercial drivers are required to adhere to strict limits on the number of consecutive hours they can drive. If a driver exceeds these limits and causes an accident, their employer may be held liable.
Vehicle maintenance failures: Regular maintenance of commercial vehicles is crucial for preventing accidents. If a truck’s brakes or tires fail due to poor maintenance, the company could be held responsible for your injuries.
Improperly loaded cargo: Overloaded or improperly secured cargo can make a truck unstable, increasing the likelihood of accidents.

6. Determine Liability in a Commercial Vehicle Accident

One of the main differences between a standard car accident and one involving a commercial vehicle is the complexity of determining liability. In most personal injury cases, you would typically pursue a claim against the driver of the vehicle. However, in commercial vehicle accidents, multiple parties are often liable, including:

The driver: If the driver was negligent, such as by speeding, texting while driving, or driving under the influence, they may be held responsible for the accident.
The employer: Employers can be held vicariously liable for their drivers’ actions under the legal doctrine of “respondeat superior.” Additionally, if the company failed to maintain the vehicle or pushed the driver to break safety regulations, they could be directly liable.
The vehicle manufacturer: In some cases, a defective vehicle part may be the cause of the accident, making the manufacturer or the company responsible for maintaining the vehicle liable for your injuries.

7. File a Personal Injury Claim

If you’ve been injured in a commercial vehicle accident, you may be entitled to compensation for:

Medical expenses: This includes hospital bills, ongoing treatment, physical therapy, and any future medical costs related to your injuries.
Lost wages: If you’ve been unable to work due to your injuries, you can seek compensation for lost wages and diminished earning capacity.
Pain and suffering: This compensates for the physical pain and emotional distress caused by the accident.
Property damage: You can seek reimbursement for the damage to your vehicle and any other personal property involved in the accident.

Your attorney will help you file a personal injury claim within New Jersey’s statute of limitations, which is typically two years from the date of the accident. It’s crucial to file within this period to preserve your right to compensation.

8. Hire an Experienced New Jersey Commercial Vehicle Accident Attorney

Navigating a personal injury claim after a commercial vehicle accident can be complex. Commercial vehicle companies often have extensive resources to limit their liability. The team at Bramnick Law understands these challenges and is committed to providing skilled legal representation for accident victims. If you’ve been injured in a commercial vehicle accident, contact us to learn more about your legal options and how we can help guide you through the process.

Injured in a Commercial Vehicle Accident in New Jersey? Contact Bramnick Law Today

If you or a loved one has been injured in a commercial vehicle accident anywhere in New Jersey, don’t wait to seek legal advice. At Bramnick Law, we have the knowledge and resources to assist clients throughout the state, including areas like Union County, Newark, and Scotch Plains. Our team is dedicated to helping you understand your rights and pursue the compensation you may be entitled to. Contact us today for a consultation to discuss your personal injury claim and explore your legal options. Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.