Truck Accidents
Truck Accidents Attorney in West Orange, NJ
No one ever expects to be involved in an accident with an 18 wheeler. However, on a long enough timeline, chances are you will be. When that happens, you want a tough, dedicated lawyer by your side to help you return your life to normal. With more than 30 years of experience as a personal injury lawyer, attorney Mitchell Friedman has helped countless clients pursue the financial compensation they deserve from their 18 wheeler truck accidents. The Law Offices of Mitchell Friedman has established a reputation as a professional, competent law firm among its clients filing 18 wheeler accident claims in the Morris County, NJ area. If you need help pursuing your claim, don’t wait. Call attorney Mitchell Friedman for assistance in any of these areas:
- Essex County, NJ
- Newark, NJ
- Morris County, NJ
- Orange, NJ
- Union County, NJ
- Passaic County, NJ
- East Orange, NJ
- Monmouth County, NJ
- West Orange, NJ
- Bergen County, NJ
- Middlesex County, NJ
- Ocean County, NJ
How Are Truck Accidents Different From Car Accidents?
Thousands of people die in truck crashes in the US every year according to the National Highway Travel Safety Administration. Additionally, more than 70 percent of the people who die in these accidents aren’t even truck drivers. Instead, they’re driving in a car that is involved in the crash.
Getting hit by a semitruck often means the injuries sustained in the crash are more severe than those in a car accident. That can mean your recovery is much longer and more complex, and you could be dealing with a wrongful death situation as well.
On top of that, the legal battle is often more complex. In a regular car accident, you usually deal with a single driver and their insurance company. While the insurance company may still try to settle for less, it’s often an easier legal fight.
When a truck is involved, you’re dealing with the driver and their commercial trucking company. That means they have a commercial insurance company and, likely, aggressive lawyers who try to minimize your payout.
Fault determination can also be more complex. It often involves deciphering federal regulations for drivers to determine if they or the trucking company violated those mandates. If a truck had a defect, even the truck manufacturer could be to blame.
That’s why having an experienced truck accident lawyer fighting for you is so important. They understand the complexities of the situation and can improve the chances of a successful outcome.
What to Do After a Truck Accident
Because the injuries involved in a truck accident can often be severe, the main priority is seeking the medical attention you and your passengers need. If possible, you should also collect evidence at the scene, as that can help your case if you pursue legal action. Follow these steps immediately after the truck accident.
Call 911
Even if you don’t think they’re severe injuries, place the call and wait for the West Orange emergency responders to arrive. Paramedics can check out everyone involved, and the police will create a report for your records.
Keep Yourself Safe
Depending on the severity of the accident and your condition, moving away from traffic or from a damaged vehicle that could be leaking fuel could help you stay safer and prevent additional injuries. Check on the other people in your vehicle as well.
Don’t Admit Fault
In the chaos of the accident, you might not be sure what happened. Don’t talk through the situation or say what you remember. Anything you say could be used as an admission of guilt when it comes to settling your claim. Even if you think you had a part in the accident, don’t admit that at the scene.
Seek Medical Attention
You may not feel like you’re severely injured, but the adrenaline of the situation can mask your injuries. It’s always a good idea to see a medical professional after an accident for a full evaluation. If you have an injury, this creates the start of your medical record documentation that could be used in the case. You can also start treatment right away.
Document the Accident
If it’s possible, take photos at the scene. Get a copy of the police report and the contact information of witnesses if you’re in a condition to do so.
Call a Truck Accident Lawyer
As soon as you or a loved one can, call a truck accident attorney to see if you have a legal case. You can typically get a free consultation to determine if you have a viable personal injury claim for the accident. Your lawyer can determine the compensation you’re entitled to and negotiate with the insurance companies on your behalf.
Truck Accident Injuries
While there is considerable overlap in the injuries that can result from car or truck accidents, the potential for life-altering catastrophic injury is far greater with commercial trucks involved. Large trucks can crush cars like pieces of paper and leave the occupant of a vehicle with catastrophic injuries including:
- Head or neck trauma
- Brain injuries
- Broken bones
- Ligament damage
- Spinal injuries
- Injuries related to crushing damage
- Soft tissue damage
- Permanent disability
- Death
Common Causes of Truck Accidents
As with any auto accident, truck accidents in West Orange occur for a wide range of reasons. Determining liability in truck and car accidents is a complex process, often involving multiple parties. New Jersey uses comparative negligence to determine how liable each party is so damages can be allocated appropriately. It follows the 51% rule, meaning a plaintiff can recover damages provided they’re no more than 50% responsible for the accident. Any more, and they’re barred from pursuing damages. If they’re partially responsible, recoverable damages are reduced based on their percentage of fault.
Some common reasons for truck accidents and their potential liability are as follows:
- Driver error: Speeding, reckless driving, failing to see other vehicles in their blind spots, and driving under the influence of drugs and alcohol. When it comes to driver error, the person driving the truck is responsible.
- Fatigue: Long hours on the road can lead to fatigue, especially if the driver isn't taking adequate breaks. Tiredness impairs reaction times and decision-making abilities. Depending on whether the employer pressured the employee into overworking, the driver and the trucking company could be liable in a truck accident claim for fatigue.
- Poor vehicle maintenance: A poorly maintained truck is more likely to get into an accident. Should improper maintenance cause a West Orange truck accident, the trucking company or the maintenance company that serviced the truck would be responsible.
- Overloading: Loading a truck beyond capacity or not correctly balancing the load can impact maneuverability and stability. Whoever loaded the truck would be liable for improper loading.
- Weather: Adverse weather conditions, including rain, snow, wind, fog, and ice, make driving significantly more hazardous for large vehicles. For accidents caused by weather, the driver could be held responsible if they didn't suitably adjust their driving behavior to suit the weather conditions. However, the employer could be liable if they were pressured into driving in unsafe weather.
- Roads: Uneven surfaces, construction zones, debris on the road, or poorly maintained roads are common causes of truck crashes in West Orange. Government authorities or construction companies might be responsible in the case of poor road conditions.
- Equipment failure: Mechanical failure — not through negligence — can also lead to truck accidents. For mechanical failures, blame could be placed on the trucking company if they didn't complete inspections properly. Alternatively, the manufacturer could be liable if the equipment was sold with a fault.
- Aggression: Aggressive driving behaviors such as improper lane changing, road rage, and tailgating situations can escalate quickly and lead to accidents. The truck driver would be responsible for their own aggressive behavior.
- Distraction: Mobile phones, eating, using technology, reading maps, and other distracted behaviors take a truck driver's attention away from the road, increasing the risk of accidents. Either the driver or the driver and the trucking company could be held liable if business policies require drivers to use technology while driving.
An experienced attorney can help gather evidence, obtain medical records, negotiate with insurance companies, and offer representation in court if required.
Truck Accident Claims for Wrongful Death
Unfortunately, truck accidents in West Orange can result in fatalities, which makes for a wrongful death case. In some cases, the injured party may survive for a period of time and have a conscious pain and suffering claim in addition to the wrongful death case. If a road accident leads to the death of an individual as a result of wrongful actions or negligence, the truck driver, trucking company, or a third party would be liable. Wrongful death claims compensate family members for the loss of a loved one, including damages such as:
- Loss of income
- Funeral expenses
- Loss of companionship
Wrongful death negotiations and settlements are highly complex and can amass millions of dollars. Families often require experienced legal representation to help them get the justice they deserve.
Truck Accident Damages
If you were involved in an accident with a truck, a lawyer can help you pursue financial compensation. A lawyer can help you recover money for damages resulting from an accident like:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of consortium
- Property damage
- Punitive damage
If you’re a truck accident victim in West Orange, you don’t have to face the legal complexities alone. Our team of experienced truck accident lawyers is here to fight for justice on our clients’ behalf.
Attorney Friedman Is an Experienced 18 Wheeler Accident Lawyer
Attorney Friedman has extensive experience helping his clients navigate the civil court system. In order to win your case, you’ll need to execute a number of specific legal tasks including:
- Drafting and filing a complaint with the court. A complaint is a legal document that initiates a lawsuit. It describes how the defendant harmed the plaintiff and outlines a number of specific remedies to rectify the situation.
- Collecting evidence for discovery. After you file a complaint, you’ll need to submit any evidence and answers to interrogatories to the opposing party during the discovery process. Evidence can include documents like reports from the police or an insurance company. If you don’t file a piece of evidence during discovery, you won’t be able to use it during your trial. In some cases, depositions and arbitrations are necessary, and we also prepare you for this.
- Negotiating with opposing parties. In many truck accident cases, you’ll be facing off against an insurance company in court. These companies have nearly limitless resources to fight claims like yours. However, an experienced lawyer can help you negotiate with the defendant in your 18 wheeler truck accident claim.
Reach out To Our 18 Wheeler Accident Law Firm Today
With more than three decades of experience helping clients pursue their truck accident claims, attorney Friedman has established a reputation as a competent and professional personal injury lawyer. He’s helped countless clients in the Morris County, NJ area pursue the financial compensation they deserve. In addition, he has a staff of legal experts that can help him ensure your case gets the attention it deserves. If you need help, don’t wait. Call the Law Offices of Mitchell Friedman today.