The roads of Bedminster can sometimes feel like a hotbed of large commercial vehicles, and drivers of passenger cars try to avoid traveling near them for good reason. The sheer size and mass differential can lead to catastrophic injuries in the case of a truck accident. And if you need to file an insurance claim or personal injury lawsuit to cover your associated costs, you may need to deal with complex investigations, multiple liable parties, and high-stakes negotiations.
Our Bedminster truck accident lawyers at Rebenack Aronow & Mascolo L.L.P. have helped numerous clients over the years seek reparations and damages for their collisions.
Truck drivers often face grueling schedules, which can prompt some to skip breaktimes or rest periods, even when federal law mandates these breaks. In some instances, this decision can lead to fatigue and slower reaction times and contribute to collisions on the road. In some cases, you could hold the driver liable for your injuries if they made this decision independently; in others, the trucking company could have forced them to skip rest times by imposing restrictive delivery schedules.
If the vehicle operator engages in behaviors such as texting, eating, or adjusting GPS systems, their distraction from the road in front of them could cause them to crash into an obstacle or vehicle that they did not see. Also, the drivers could have violated Federal Motor Carrier Safety Administration (FMCSA) regulations by driving under the influence of drugs or alcohol.
Additionally, faulty brakes, worn tires, or other mechanical failures can turn a routine drive into a disaster, especially in the case of unsafe road conditions or poor weather.
In cases of truck accidents, courts often look to the truck driver’s actions first for signs of distracted driving, fatigued vehicle operation, or reckless road behavior. But some trucking companies in Bedminster have tried to cut corners on training, maintenance, or hours-of-service compliance, which ultimately created the conditions that caused the accident.
Sometimes, we have traced our truck accident cases back to improper cargo loading and an uneven distribution of weight or to a faulty mechanical part, which has led us to hold the loading companies or truck mechanics liable for our clients’ injuries.
The size and weight disparity between trucks and passenger vehicles often result in severe injuries for the occupants of the smaller car. These injuries have commonly included traumatic brain damage, spinal cord fractures, and internal organ trauma, which often require extensive medical treatment, surgeries, and rehabilitative long-term care.
Additionally, our truck accident clients have needed to deal with the emotional toll of their collisions in the form of post-traumatic stress disorder (PTSD) and anxiety, attempts to pay off mounting medical bills, adapting to their diminished earning capacity, and trying to make up for lost wages through a degraded quality of life.
New Jersey law allows collision victims to file a personal injury lawsuit against the at-fault driver in the case of a commercial truck accident, and the courts often award two types of damages: The first, economic damages, aim to reimburse quantifiable losses. These losses typically include medical expenses, lost income, and property damage.
The second type, non-economic damages, helps address the less tangible impacts of the collision, which include pain, suffering, and emotional distress. If the court decides that the at-fault truck driver acted particularly recklessly or egregiously, such as through road rage or drunk driving, it may award you with punitive damages to punish that behavior and dissuade similar future actions.
Seek medical attention immediately after your accident, regardless of how minor you regard your injuries. Some internal injuries might have delayed symptoms, and only prompt medical intervention can prevent them from getting worse. Then, report the accident to law enforcement to generate a police report. Avoid discussing fault at the scene, and refrain from speaking with insurance adjusters without a lawyer. If possible, take photos of the accident scene and any injuries, and see if any nearby witnesses might have seen the accident happen. Collect their contact information if so.
When you file a personal injury lawsuit, you will need evidence to prove that the truck driver failed their duty of care on the road. Police reports, eyewitness statements, and photographs from the accident scene can help lay the groundwork for your side of the case, and more specialized evidence—such as electronic logging device (ELD) data, driver qualification files, and maintenance records—will fill in the details. However, you may need a legal subpoena or court order to obtain some of this evidence.
A competent legal team will often work with accident reconstruction experts to show the judge and jury how the truck driver’s negligence led to your injuries. Additionally, your lawyer may consult with your doctor and the on-call medical team to demonstrate the extent of your injuries and the accident’s impact on your life.
Even if you think you might have a strong case to claim compensation after your truck accident and you decide to speak with insurance companies without a lawyer, they may try to lowball you or downplay your injuries in order to save money. A seasoned personal injury lawyer will help you protect your rights from the outset by handling all communication with insurers and opposing counsel. They can build a strong case on your behalf, negotiate aggressively, and prepare to take your case to trial if necessary. By hiring a lawyer, you will help yourself level the playing field against well-funded trucking companies and insurers.
Your rights after a truck accident are too important to leave up to chance, so trust our Bedminster truck accident lawyers at Rebenack Aronow & Mascolo L.L.P. to advocate for your best interests and protect your rights throughout the whole process. We understand how serious your injuries are, and we stand ready to help you. Call us at 732-247-3600 or fill out our online form for a free consultation. We have offices in New Brunswick, Somerville, and Manalapan, New Jersey.
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To schedule a confidential consultation, contact us online or call our offices, in New Brunswick at (732) 247-3600, in Somerville at (908) 448-2560, or in Manalapan at (732) 828-2234.
111 Livingston Avenue
New Brunswick, NJ 08901
21 North Bridge Street
Somerville, NJ 08876
348 Route 9, Suite E
Manalapan, New Jersey 07726