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Liability in New Jersey and New York Truck Accident Cases

Unfortunately, truck accidents are too common on the highways of New Jersey because of the sheer volume of commercial traffic going to or from New York City or Philadelphia. Truck drivers rely upon interstate highways such as the New Jersey Turnpike, I-95 and I-80, I-78, and I-287. Truckers also have been involved in truck accidents on New Jersey state highways such as Routes 4, 17, 18, 22 and especially Routes 1 and Route 9. Truck accidents occur almost daily on the George Washington Bridge, and in both the Lincoln and Holland Tunnels. Collisions caused by truck driver negligence often cause serious injuries or death resulting in emotional and financial loss to those injured.

What a caller deserves is to be connected with an experienced truck accident lawyer who can identify the root cause of a truck accident beyond the driver’s negligence because in most New Jersey and New York truck accident cases, driver error is only one part of the liability picture because the greater negligence may have started with the trucking company’s negligent hiring of a bad driver or poor maintenance of its vehicles.

According to Marc C. Saperstein, Esq., a founding partner of New Jersey and New York’s Davis, Saperstein & Salomon, P.C.:

“truck accidents are won based upon quick action by a lawyer locking down key evidence.”

Attorney Saperstein should know because one of his earliest cases involved a tire that rolled off an 18-wheeler that took the life of his secretary. Not only did Saperstein, an attorney certified by the Supreme Court of New Jersey as a Civil Trial Attorney, win that case for her surviving parents, but Marc Saperstein also caused the trucker to make design changes to car carrying trailers. His experience with that case and dozens after has made Marc C. Saperstein a leader in handling New Jersey truck accident cases.

Commercial trucking is a heavily regulated industry, and crashes often are a result of preventable failures, unsafe scheduling, poor maintenance, negligent hiring practices, improper cargo loading, or defective parts. When multiple people or companies contributed to what happened, identifying every responsible party can significantly affect the amount of insurance money available, especially in cases involving permanent injury, surgery, long-term disability, or death.

Who Can Be Held Responsible After a Truck Accident in New Jersey or New York?

In a crash involving a commercial truck, legal responsibility may go beyond the driver behind the wheel. Liability may involve any person or company whose negligence caused the collision or made the injuries worse.

Common contributing factors include:

  • Distracted driving caused by cell phone usage, texting and even watching videos
  • Unsafe scheduling leading to pressure, fatigued driving, and safety violations
  • Poor maintenance that causes brake failure, tire blowouts, or steering problems
  • Improper cargo loading, shifting freight, or unsecured loads
  • Defective truck or trailer parts that fail under normal use
  • Negligent hiring, training, or supervision by a trucking company
  • Dangerous roadway conditions, construction-zone hazards, or missing signage
  • Weather related accidents caused by ice and snow
  • Alcohol and drug usage

Important evidence, such as black box crash data recorders, dashcam footage, driver logs, and inspection records, can disappear quickly, making early investigation extremely important. An experienced New Jersey and New York truck accident lawyer will typically take immediate steps to preserve evidence and determine exactly how the crash happened.

Common Injuries in New Jersey and New York Truck Crashes

The size and weight of commercial vehicles are a major reason these cases are so serious.

Truck collisions frequently cause:

  • Traumatic brain injuries (TBI) and concussions
  • Spinal injuries, herniated discs, and paralysis
  • Multiple fractures and complex orthopedic injuries
  • Internal injuries and bleeding
  • Burns, lacerations, and permanent scarring
  • Wrongful death in catastrophic cases
  • When injuries are severe, the claim must account for the full, long-term impact, medical treatment, future care, lost income, and the ways daily life changes after a serious crash.

Parties Commonly Involved in New Jersey and New York Truck Accident Claims

A strong claim identifies every responsible party involved, or that contributed to the accident, so no source of compensation is overlooked. Depending on the facts, liability may involve:

Trucking Company or Employer

A trucking company may be responsible when its policies, supervision, or operational decisions put unsafe trucks and unsafe drivers on the road, including:

  • Pressuring drivers to drive while fatigued or rush deliveries
  • Failing to train, supervise, or properly monitor drivers
  • Hiring drivers with known dangerous histories
  • Allowing unsafe trucks to remain in service
  • Ignoring prior safety complaints, violations, or maintenance issues
  • Hiring untrained illegal immigrants below normal trucker wages

Even when a driver makes the final mistake on the road, the company’s decisions may be a major contributing cause, and the company often controls key evidence that must be preserved quickly.

Maintenance Vendors, Repair Shops, and Inspection Services

Commercial trucks require frequent inspections and repairs due to heavy use and the high risk of catastrophic crashes. Brake defects, tire failures, worn components, steering problems, and lighting issues can all be deadly at highway speeds.

A truck owner or leasing company may share responsibility when it:

  • Skips required inspections
  • Uses improper or substandard replacement parts
  • Performs negligent repairs
  • Fails to identify obvious safety hazards
  • Cargo Loading Companies and Shippers

Improper cargo loading can cause rollovers, jackknifes, and loss of control, especially during turns, lane changes, and sudden braking. Overloaded trailers, uneven weight distribution, and unsecured freight can create instability that becomes dangerous for everyone nearby. If cargo-related negligence contributed to the collision, the loading company, shipper, trailer owner, or related contractors may be responsible.

Truck, Trailer, or Parts Manufacturers

Some crashes trace back to defective design or manufacturing. Failures involving tires, braking systems, underride guards, coupling systems, and trailer components can create life-threatening scenarios or dramatically increase the severity of injuries. When defective parts play a role, the case may involve product liability issues in addition to negligence.

Roadway Contractors and Government Entities

Certain truck crashes involve dangerous roadway conditions, confusing detours, unsafe construction-zone patterns, poor signage, roadway design problems, or hazards left in travel lanes. These cases can be complex and time-sensitive, but they can be crucial when roadway conditions contribute to the collision.

How Liability Is Proven in a Truck Accident Investigation

Liability is proven through evidence, not assumptions. A thorough truck accident investigation in New Jersey or New York may involve:

  • Black box/event data recorder (EDR) information
  • Driver logs, dispatch records, and delivery scheduling documents
  • Driver qualification files, background checks, training records, and supervision history
  • Maintenance logs, inspection reports, and repair invoices
  • Dashcam footage, traffic camera footage, and witness statements
  • Crash reconstruction and expert analysis
  • Physical evidence from the scene and vehicle damage patterns

A strong case connects the evidence to the specific failures that caused or contributed to the collision and then ties those failures to the responsible companies and insurers.

Compensation Available in New Jersey and New York Truck Accident Cases

A truck accident claim may seek compensation for:

  • Medical bills and future medical needs
  • Lost wages and reduced earning capacity
  • Rehabilitation, physical therapy, and long-term care
  • Pain and suffering
  • Disability, scarring, and loss of quality of life
  • Out-of-pocket recovery costs and home assistance needs
  • Wrongful death damages for eligible families (when applicable)

When more than one party contributed to the crash, the available coverage and total recovery can be significantly higher, especially in cases involving permanent injury or long-term loss of income.

What are in the Deadlines in New Jersey and New York Injury Claims?

Deadlines and time limits on claims are strict and can determine whether a claim can move forward at all.

  • In New Jersey, many personal injury claims generally must be filed within two years, according to N.J.S.A. § 2A:14-2(a).
  • In New York, many negligence-based personal injury claims generally must be filed within three years.

Claims involving public entities, such as the New Jersey Department of Transportation, State of New Jersey or any county or municipality may require even faster action and special notices, often within 90 days in many cases. Deadlines and exceptions can be specific and confusing, so speaking with a New Jersey and New York injury experienced and skilled truck accident lawyer early on can help preserve evidence and protect your right to pursue compensation.

Contact Davis, Saperstein & Salomon, P.C. After Serious Truck or Car Accidents in New Jersey and New York

After a serious crash, victims are often balancing pain, medical care, missed work, and uncertainty, while trucking companies and insurance carriers begin building defenses immediately. That is where experienced legal counsel makes the difference. If you were injured in a commercial truck crash, or hurt in a serious motor vehicle collision, speaking with a New Jersey and New York truck accident lawyer can help you understand your rights and next steps.

At Davis, Saperstein & Salomon, P.C., our team of New Jersey and New York injury attorneys has represented victims of truck accidents, car accidents, and serious personal injury claims for more than 40 years. We have helped over 40,000 clients and families and recovered more than $1 billion in verdicts and settlements for injured clients and their loved ones throughout New Jersey and New York.

Truck accident claims are handled on a contingent fee basis, meaning there is no legal fee unless a settlement is won. To speak with an experienced New Jersey and New York personal injury attorney, or Marc C. Saperstein, Esq., directly contact 1-800-LAW-2000 or email info@dsslaw.com.