Truck Accident FAQs

Drivers discuss New Jersey truck accident frequently asked questions

Every truck accident is different. The law that applies to these crash cases is intricate and complicated. Even the smallest change in facts can make a huge difference in the eyes of the courts in New Jersey and New York.

Fortunately, many common questions about truck accident law can be answered here. For more detailed answers to your questions, call 1-800-LAW-2000 or use our online form to speak to a lawyer at Davis, Saperstein & Salomon, P.C., about your case.

Truck Accidents

Why should I hire an experienced New Jersey truck accident lawyer?

After being hit by a truck on a New Jersey roadway, you may think that any lawyer who handles car crashes is the right choice for your case. However, there are many differences between car crashes and truck accidents in the eyes of the law.

There may be more parties involved, including interstate trucking companies and mechanics. There are many more relevant laws, including federal labor laws and transportation regulations.

The damages also have the potential to be much larger because trucks are bigger, and insurance policies are much more extensive. An experienced New Jersey tractor-trailer wreck lawyer can help you navigate the confusing legal maze that stands between you and peace of mind.

Can Davis, Saperstein & Salomon, P.C., help with my New York truck accident case?

Yes, attorney Marc C. Saperstein handles New York tractor-trailer wreck cases in addition to New Jersey cases. No matter where you were injured, you should contact the firm of Davis, Saperstein & Salomon, P.C.

How can I afford a New Jersey truck accident lawyer?

There is no need to worry about paying for a lawyer. You only have to pay if you recover money. The American legal system allows for payment of a lawyer on a contingency fee basis. This means you do not need any money to hire a personal injury lawyer. The lawyer gets paid from any money you win in court or in a settlement, and only if you recover money first. When Davis, Saperstein & Salomon, P.C., takes a case, there is almost no risk to you. You will only pay us if you get paid.

How long do I have to file my case if I have been hurt in a New Jersey tractor-trailer wreck?

You have two years to file your case under New Jersey’s statute of limitations. Minors under 18 years old at the time of an accident will have until their 20th birthday to file a case. In New York, you will have three years to file, except in cases of wrongful death, in which you will only have two years. In truck accident cases in New York, a minor will usually be given until his or her 21st birthday to file.

It is important to contact a lawyer at Davis, Saperstein & Salomon, P.C., as soon as possible to allow for time to build your case and consult with experts before filing. Failure to file on time usually prevents any type of recovery. However, if the truck was owned by the federal or state government, including any of their agencies, counties, towns or municipalities, then a “Tort Claim Act” would apply to your case. These acts require you to put the government on notice of your intention to make a claim by providing the details of your claim in a special form called a “Tort Claims Notice.”

In New Jersey, this notice must be done no later than 90 days after the accident. To find out about federal or state “Tort Claim Act” laws, contact our firm right away.

What are some of the causes of New Jersey and New York truck accidents?

Tractor-trailer wrecks have dozens of possible causes. Any time that you have people and vehicles moving at a high rate of speed, things can go wrong. The size and shape of trucks makes them particularly dangerous.

The following are some of the most common causes of truck accident injuries:

  • Distracted drivers
  • Aggressive drivers
  • Speeding
  • Load shifting
  • Product defects
  • Overworked or drowsy drivers
  • Drunk / drugged drivers
  • Tires rolling off trucks
  • Failure to inspect equipment
  • Negligent vehicle maintenance
  • No-Zone accidents

How long will it take to resolve my truck accident case?

Every lawsuit is entirely different, but New York and New Jersey tractor-trailer wreck injury cases are generally resolved over the course of a few months to three years.

What is a commercial truck?

Commercial trucks are trucks used by companies to transport goods. A commercial truck can weigh up to 40 tons loaded. Types of commercial trucks include tractor-trailers, big-rigs, 18-wheelers, dump trucks, logging trucks, freight trucks and many others. Special laws and regulations apply to commercial trucks and their drivers.

Do blinds spots make trucks more dangerous?

Trucks have massive blind spots, also known as “no-zones.” No-zones are found on the sides, rear and front of large trucks. While many trucks use additional mirrors to reduce the size of their no-zones, any vehicle traveling close to a truck’s no-zones has a higher risk of being hit.

Trucks are also more likely than cars to veer out of their lane because of their size. This is especially true during turns. Wide turns are one of the most dangerous ways to be hit or crushed in a no-zone.

How will I be able to prove that I was not at fault?

Our lawyers make use of experts to reconstruct accidents for the purpose of showing who was at fault. This can be quite complicated when it was our client whose death was caused by a truck driver’s negligence. We can review maintenance records to determine if there were any mechanical problems with the truck. Log books will reveal instances of drivers breaking labor laws and driving while fatigued. Even E-ZPass records and traffic cameras can be used. We will also hire a variety of experts.

The lawyers at Davis, Saperstein & Salomon, P.C., have years of experience in showing that truck drivers are at fault. If you were hurt due to the negligence of a trucker or a shipping company, it is our mission to help you recover in court.

Will I need expert witnesses to prove my case?

In most New York and New Jersey truck accident cases, Davis, Saperstein & Salomon, P.C., will use the services of multiple experts to help you recover. Product defect, accident reconstruction and trucking industry experts can help you show that another person or company was at fault. After these experts show the cause of your injuries, biomechanical, medical and economic expert witnesses can help prove the costs of your damages. The cost of these experts is paid for in advance by Davis, Saperstein & Salomon, P.C., under the terms of your representation agreement with the firm.

Who can sue if someone is killed in a New Jersey trucking accident?

New Jersey law allows family members to sue in a wrongful death claim. Family members may be able to recover funeral and medical expenses, lost wages and other costs associated with losing the financial support of the deceased. Witnesses of deadly accidents may also be able to sue. Talk to a New Jersey truck accident lawyer for more details.

Who will be held responsible for my injuries?

Davis, Saperstein & Salomon, P.C., will work to hold the driver and sometimes the trucking company responsible. It is also possible that shipping companies, truck manufacturers, parts manufacturers or even a mechanic can be liable. Sometimes, the owner of a trailer or even your employer may be responsible. In many cases, one or more insurance companies end up paying.

Our firm will work to find out who is responsible for your injury so they can be held accountable in court. Some of your recovery may even come from your own insurance company because of uninsured or under-insured motorist provisions of your own insurance policy. See our No-Fault Insurance page for more information.