No matter where your truck accidentoccurred, you would be entitled to full financial compensation for your injuries when you are able to prove that someone else was to blame for the accident. In New Jersey, the result would be substantially the same whether the accident happens on a local road or an interstate. As always, you should contact an experienced truck accident lawyer to learn more about the legal rules that apply and your potential eligibility for compensation.
What Is the Proper Venue for a Truck Accident Lawsuit That Happened on an Interstate?
If the truck accident occurred on a New Jersey interstate, there is a chance that the truck driver may be from another state. In that case, there may be issues about jurisdiction and which case is the proper venue for your lawsuit. The proper venue for a truck accident lawsuit is usually either where the accident occurred or where the trucking company is based. If you are an out-of-state driver who has been injured on a New Jersey interstate, you would likely not be able to file a lawsuit in your home state because the trucking company would be able to file an action to remove the case to another venue.
Does the Deemer Statute Apply to New Jersey Truck Accident Cases?
New Jersey has a law called the “Deemer Statute” that applies state insurance requirements to accidents that occur on roads in the state. Usually, this would mean that Personal Injury Protection (PIP) would be afforded to the out-of-state driver who is involved in the accident. The statute also has a general limitation that makes it more difficult for an injured motorist to sue for ‘non-economic’ damages, including pain and suffering. However, there is an exception for commercial vehicles under the law, which means that you would not be limited in suing for non-economic damages in accidents that involve commercial vehicles.
Federal Insurance Requirements Would Apply to Truck Accidents on New Jersey Interstates
The overarching requirement for a trucking company is that it follow Federal rules that dictate how much insurance coverage it needs to carry. Federal regulations dictate that the trucking company carry a policy that ensures damages of up to $750,000. Most insurance companies will only write policies for trucking companies that provide at least $1 million of coverage. Those requirements apply no matter where the accident occurs, meaning that there is a potentially large pot of money to pay for your injuries.
The Government Is Still Potentially Liable if They Failed to Meet Their Own Obligations
Regardless of whether the road was a state highway or an interstate, the local government still has its own obligations to act reasonably. They must maintain the roadway in reasonable condition, and they must fix defects that they knew or should have known about within a reasonable amount of time. It does not matter whether the accident occurred on a local road or a numbered interstate.
Why You Need a Truck Accident Lawyer for a New Jersey Commercial Vehicle Crash
Truck accidents involve complex legal issues, with a large amount of money on the line. When you hire a truck accident lawyer, not only would they help determine who was to blame for the accident, but they would also help put a number on the damages that you have suffered. They would fight to hold the trucking company, or other potential defendants, liable for your injuries. They would work to ensure that you are fully paid for your damages because they can be significant.
Contact the Somerset County Truck Accident Lawyers at Rebenack Aronow & Mascolo L.L.P. if You Suffered Injuries During a Truck Accident
If you have been injured in an accident involving a commercial vehicle on New Jersey roads, reach out to the Somerset County truck accident lawyersat Rebenack Aronow & Mascolo L.L.P. today. To schedule a free consultation, contact us online or call 732-247-3600. With office locations in New Brunswick, Somerville, and Manalapan, New Jersey, we proudly serve clients in Middlesex County, Monmouth County, and Somerset County.
