Richard A. Stoloff
Aug
13
2019

Determining Who Is Liable for a Truck Accident

truck accident lawyer

Truck Accidents

You never expect to be in an accident with a commercial truck. Commercial trucks tend to drive at a slower speed and will usually stay in the right lane. Unfortunately, that does not entirely prevent them from crashing into you. The driver of a personal vehicle often suffers the worst of the damages because of the weight differences between the two vehicles. Additionally, trucks do not have the same stopping capabilities which can worsen the extent of the accident.

Who is Responsible for Your Ventnor City Truck Accident?

It is not always clear who is at fault when a truck accident occurs. At first glance, it might seem like it is the truck drivers responsibility to steer clear of any personal drivers. However, this is not always possible and there are other parties that can be at fault.

The following parties may be at fault in a Galloway Township truck accident:

  • Truck driver: The truck driver may be at fault if they commit an illegal action like distracted driving or driving under the influence.
  • Car driver: It is possible for the driver of the personal automobile to be at fault if they were not paying attention and crashed into the commercial truck.
  • Trucking company: A trucking company that fails to inspect the equipment or properly train their drivers may be at fault when an accident occurs.
  • Truck manufacturer: If the problem is with a trucking defect, then the truck’s manufacturer may be held liable.
  • Secondary employees: If another party was responsible for loading the truck or completing safety checks, then it is possible that they can be held liable for an accident.

Determining Liability in an Atlantic City Truck Accident

Determining liability requires careful investigation into the details of the case. Some parties, like the trucking company or the truck’s manufacturers, may attempt to cover up their liability in an effort to avoid paying. A truck accident lawyer can help you build your case, collecting the necessary evidence to identify who is at fault.

Your lawyer will help to identify the following four elements:

  • Duty of care: Whoever is responsible will have had a legal duty of care to your safety and wellbeing.
  • Breach of duty: There had to have been some action that breached that legal duty of care. This often includes acts of negligence like fatigued driving or driving while under the influence of an illegal substance.
  • Causation: The negligent action must have been the cause of the accident and the injuries associated.
  • Actual damages: The accident must have led to actual damages that can be compensated.

An injury from a truck accident could leave you with expensive medical bills and a loss of income. It is crucial to work with a lawyer that is familiar with New Jersey laws as they relate to truck accidents and liability laws so you can collect the compensation that you deserve.

Contact a Hammonton Personal Injury Lawyer to Discuss Your Truck Accident Case in New Jersey

Did you or a loved one sustain serious injuries due to a truck accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at The Law Offices of Richard A. Stoloff represent clients injured because of a truck accident in Egg Harbor, Atlantic City, Galloway Township, Hamilton, Pleasantville, Hammonton, Somers Point, Ventnor City, Linwood and throughout New Jersey. Call 609-601-2233 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 605 New Road, Linwood, NJ 08221 as well as an office in Philadelphia.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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