Trucking and Commercial vehicle accidents

• Speeding
• Distracted driving
• Driving aggressively
• Driving while tired
• Inclement weather
• Road conditions
• Driving under the influence

While the specific amount of compensation you can recover after an accident is widely dependent on the specifics of your case, the types of damages an accident victim can pursue in a personal injury claim remains relatively consistent. There are three general categories of damages: economic damages, non-economic damages, and punitive damages. Economic damages deal with the financial losses associated with your injuries. These include things like unpaid medical expense and lost wages.  Non-economic damages are compensation for your non-economic damages, such as pain, suffering, disability and the loss of enjoyment of life.  Unlike compensatory damages, punitive damages are not intended to compensate the victim but instead punish the wrongdoer for especially egregious actions or omissions.   

Other examples of economic and non-economic damages may include:

• Vehicle and other property damage
• Lost wages
• Loss of earning capacity
• Cost of hiring a caregiver if you have a severe disability
• Lost enjoyment of life
• Loss of companionship
• Physical pain
• Emotional suffering

New Jersey is one of about a dozen states in the U.S. that has a no-fault system in place. No-Fault refers to the manner in which an accident victim's medical expenses are paid following an automobile related accident. Rather than having to prove that the other party was liable before being able to obtain medical treatment, a victim's medical expenses are paid by their own automobile insurance carrier, regardless of fault.  As the number of drivers insured by various automobile insurance carriers is proportionate throughout the state, the costs of these medical claims balances out and accident victims are able to receive their much needed medical treatment immediately.    

The portion of your automobile insurance policy that is required to pay for your accident-related medical expenses is called "Personal Injury Protection" or P.I.P. for short

Injury victims do have an option to step outside the PIP system and file a truck accident claim against a negligent driver if their case meets certain prerequisites. These requirements generally all revolve around the severity of an injury, and since truck accidents usually result in catastrophic injuries, chances are you will most likely have the option to file a claim. A New Jersey truck accident lawyer form our firm will be able to inform you or your rights and options!

Trucking companies and commercial insurance carriers are in the business of risk. They know that  accidents pose threats to their bottom line, and will deny, dispute, and even underpay claims whenever they can. Without an attorney, you not only risk being taken advantage of by insurance carriers, you also lack leverage to compel them into paying you everything that you legally deserve.

Levinson Axelrod, P.A. has been serving accident victims in New Jersey since 1939. We have cultivated a network of experts, investigators, and medical specialists who help us build the strongest possible claims. With our experience negotiating settlements and litigating trucking cases at trial, our opponents know they’re in for a fight, and are much more willing to treat our clients fairly than if they did not have our representation.

The value of a truck accident lawsuit, or any personal injury lawsuit for that matter, depends upon a variety of factors specific to your particular case. In general, victims of personal injury are entitled to compensation for damages such as:

• Past and future medical bills
• Past and future lost wages
• Pain and suffering
• Lost quality of life arising from disability or disfigurement
• Other financial and emotional losses arising from the accident

Trucking companies responsible for accidents are often times represented by their insurance companies. These insurers owe their policyholders a duty of good faith, but they owe no such duty to you.

Because they are corporations, they may be tempted to put profits over people.  Insurance companies may go to great lengths to pay accident victims as little as possible, even if their injuries are worth more than they are offering.  If you are contacted by an insurance company, remember:

• You are not required to speak with a defendant’s insurer.
• Your attorney can handle communications with insurers on your behalf.
• You do not have to accept a settlement offer, especially before you know the full extent of your damages.

Insurance companies want to settle truck accident claims as quickly and as cheaply as they can. This is because they know truck accident victims can suffer serious if not catastrophic injuries, and that trucking lawsuits pose the threat of big payouts. If you have been made an offer, our attorneys can help you determine if it is fair, or discuss how you may be entitled to more.

Determining what caused a truck accident and who is liable for your damages can be a challenging task. Determining fault requires attorneys to review police reports, witness testimony, and other available evidence. It may require independent investigation and accident reconstruction, or the insight of experts.

It also demands legal insight to identify appropriate defendants, available insurance, and cause for action. Examples of parties that may be held at fault in truck accident lawsuits:

• Negligent truckers and the companies that employs them.
• Trucking operators that violate federal regulations.
• Negligent third-party services contracted by trucking companies to perform vehicle maintenance or handle distribution and cargo-loading.
• Automakers or vehicle part manufactures responsible for product defects.
• Negligent subcontractors who cause trucking accidents on multi-employer worksites.
• Premises owners responsible for hazards that cause truck accidents on private property.

Because large trucks can cause such catastrophic damage to other motorists in the event of an accident, truck drivers are required to follow more laws both on and off the road than other motor vehicles are required to follow. One of the most notable laws for truckers is called the hours of service regulations. The main purpose of this rule is to prevent fatigued driving, a major cause of truck accidents on the road today. Thus, the laws are aimed at ensuring that truck drivers are not overworked and are rested enough to be on the road. According to this law:

• Truck drivers can work a maximum of 14 hours in a single workday. Of these 14 hours, however, truckers can only drive for 11 hours, with the remaining time spent on meal or rest breaks
• Truck drivers must rest for at least 10 consecutive hours before beginning a new workday
• Truck drivers are required to take days off work at regular intervals

Unfortunately, whether due to negligence or pressure from trucking companies these rules are not always followed which can lead to accidents on the road. If you have been injured, contact our firm for help today and discuss the details of your case during a free consultation.