Trucking Accident Attorneys Serving New Jersey
Accidents involving commercial trucks may result in serious injuries. Victims who are harmed in such crashes may be eligible to receive compensation for their damages, but these cases can prove complicated. A Jersey City truck accident lawyer can be a valuable asset when seeking justice in your case.
The attorneys at Maggiano, DiGirolamo & Lizzi P.C. are familiar with the issues inherent to a truck accident personal injury claim or lawsuit. We can help start the process of protecting your rights as a plaintiff, establishing the liability of the defendant, and fighting to get you just compensation.
At Maggiano, DiGirolamo & Lizzi, we find ourselves constantly inspired by the strength and resilience of our clients. With millions of dollars won in verdicts and settlements, we have the courage to stand up for you, too.
Contact us online or call our truck accident lawyers at (201) 585-9111 today to schedule a FREE consultation. We will discuss the viability of your claim and what the process will entail. We represent clients in Jersey City and throughout New Jersey.
Common Causes of Truck Accidents
All accidents are unexpected. Yes, we know there’s a certain amount of risk when we head out on the road, but we do our best to obey the law and get home safely. We never foresee ourselves in an accident with a hulking truck, making the actuality all the more devastating.
Most large trucks involved in accidents are driven by professionals. They get paid to haul cargo from place to place and spend the majority of their time on the road. If they have so much experience, why do truck accidents happen?
A truck accident may happen as a result of a wide variety of reasons. In 2007, the Federal Motor Carrier Safety Administration (FMCSA) published a landmark study analyzing truck collisions. Each accident was coded according to the “critical reason” for its occurrence.
Though accidents rarely result from a single factor, there is often an immediate reason for the event that made the accident “inevitable.” The study established three types of critical reasons:
- Driver
- Vehicle
- Environment
Driver
In the FMCSA’s report (updated in 2014), the driver was found to be the critical reason in 87% of the truck accidents studied. These findings were coded into four categories:
- Decision: Decision errors involve drivers making poor choices—for instance, speeding or tailgating.
- Recognition: Recognition errors occur when a driver is inattentive or distracted by something inside or outside the vehicle. For instance, texting or eating while driving or rubbernecking at an accident scene.
- Non-performance: Non-performance errors are caused when a driver is unable to act. For instance, falling asleep at the wheel or experiencing a debilitating medical event.
- Performance: Performance errors occur when a driver performs poorly—for instance, panicking, overcompensating, or poor directional control.
Vehicle
Issues with the vehicle were the critical reason in 10% of accidents. The most common vehicle issue involves brake failure, which contributes to 29% of reported accidents. However, tire problems and shifts in cargo are also prominent associated factors.
Environment
The third most frequently appearing critical reason is the environment. Environmental issues can include factors like inclement weather, slick roads, or poor lighting.
Understanding the causes of truck accidents is important for reducing their frequency. Changes can be made in training and monitoring, and other drivers can be more vigilant when sharing the road with large trucks.
What Makes Truck Accidents So Complicated?
First and foremost, truck accidents are complicated because of the massive destruction they can cause. These hulking vehicles weigh 35,000 pounds when they are empty, sometimes reaching up to 80,000 pounds fully loaded. When a truck of this size loses control, all other vehicles and people within its reach are in danger. And, unfortunately, “Most deaths in large truck accidents are passenger vehicle occupants” (Insurance Institute for Highway Safety (IIHS)).
Additionally, truck accident liability involves many moving parts. Truck drivers are sometimes contractors but can also be employees of trucking companies. There may be another company responsible for truck maintenance or loading the cargo.
When a truck collides with other road occupants, it may take time to determine who is responsible for the crash. When fault is determined, there may still be a ways to go to determine who is actually liable for the ensuing losses. It may be the truck operator’s fault, but that does not necessarily mean that the driver is whom accident victims will recover their damages from.
Verdicts and Settlements
$6,200,000 - Truck Accident
A commercial truck driver disabled after a crash which resulted in a traumatic brain injury.
$5,000,000 - Trucking Accident
Recovery to a husband, wife and four children as a result of a tractor trailer making an improper turn into the right of way of the family SUV in which the husband was operating with wife in the front passenger seat and four children secured in the rear seat compartment area.
$2,800,000 - Trucking Accident
A man who suffered serious knee injuries when a truck pulled out in front of him
Different Types Of Truck Drivers
A commercial truck driver’s liability in an accident can differ significantly from that of the driver of a passenger vehicle. The extent of their liability has much to do with their employment status and relationship to the truck they are driving. The various types of truck drivers include:
- Independent Owners or Operators: They own and operate their trucks to transport goods for themselves and various clients.
- Company Drivers: They are employed by a company and drive trucks owned by their employer.
- Owner-Operators: They own their trucks but haul freight for other companies under contract.
The type of truck driver involved in your case may determine whether the driver, their employer, or another party can be liable for any damages.
Vicarious Liability
If a company driver’s negligence leads to an accident, vicarious liability law goes into effect, enabling people injured in the accident to potentially seek compensation from the trucking company that employs them. To establish a vicarious liability case, the plaintiff must prove that the truck operator was employed by the trucking company in question and was performing their work duties at the time of the accident.
Other Potentially Liable Parties
Beyond the truck driver and their employer, several other parties could potentially be held liable for your accident.
Maintenance Service Providers
Some trucking companies outsource the maintenance of their vehicles to service providers. If the truck involved in your accident experienced a maintenance issue, such as faulty brakes or low power steering fluid, the service provider may be liable for damages resulting from the accident. However, the truck owner is ultimately responsible for maintenance, so these situations may sometimes generate claims against both the service company and the truck owner.
Parts Manufacturers
Sometimes, a commercial truck is fitted with defective tires, brakes, or some other device or mechanism critical to the truck’s functioning. If this is the case in your accident, the manufacturer may be held liable for your damages under a product liability claim.
Shippers
Uneven or otherwise poorly loaded trucks can cause accidents. The FMCSA regulates cargo securement, outlining the types of materials that can be loaded, weight limits, and the method that must be used to load said materials. If the shipper failed to follow FMCSA regulations when loading its cargo onto the truck involved in your accident, you may be able to hold them liable for your injuries.
Truck accidents are terrible and confusing. Don’t spend your time investigating possible liable parties when you should be focused on recovery. A Jersey City truck accident attorney knows what evidence is necessary to support a truck accident claim. They can assess your case, determine the liable parties, and help you pursue a claim for compensation.
Mr. Michael Maggiano is an outstanding attorney who uses his many years of experience and wisdom to put forth a solid representation of his client. In my particular case, Mr. Maggiano showed compassion, caring, and commitment in order to bring about a successful resolution involving a local municipality. My case seemed to be unique in that it’s not often that there is a successful pursuit of justice when a municipality is involved. I was lucky to find Mr. Maggiano through the recommendation of other outstanding attorneys, and he certainly measured up to every expectation. Mr. Maggiano’s thoroughness and drive to seek a justifiable agreement in my favor cannot be under-stated; he met with me and my husband day or night, weekend or weekday; he always gladly returned calls and emails promptly. The devotion Mr. Maggiano and his staff displayed to us made us feel that we were his sole priority; simply stated he makes you feel special. While being reassuring and kind, Mr. Maggiano leaves no stone unturned in his research, preparation, and presentation. His vast knowledge works to his client’s advantage, and he is revered by fellow attorneys and judges in New Jersey and New York.
In addition, the staff at Maggiano, DiGirolamo, and Lizzi always represented the highest caliber of professionalism. Office staff, legal assistants, and the firm’s attorneys were always diligent while being respectful, polite, and caring. It is without hesitation that I give Mr. Maggiano my highest praise and recommendation.
Maggiano, DiGirolamo & Lizzi has a team of dedicated attorneys, knowledgeable and give 110% to each one of their cases.
Wonderful company and attorneys who I would recommend to anybody in need. Trust the reviews you read and testimonials on their website – these guys are great!!
What Types of Compensation Are Available After a Truck Crash?
A trucking accident lawyer will help to identify the at-fault party in your case. Then, they must prove that the party owed you a duty of care, breached that duty, and caused your injury, which led you to suffer damages. But what types of damages could you recover?
Type of Damages You May Be Able To Recover
The team at Maggiano, DiGirolamo & Lizzi can assist in calculating your potential damages and submitting them to the at-fault party’s insurance company through a demand letter. Possible types of damages include:
- Medical expenses
- Lost wages & benefits
- Loss of earning capacity
- Replacement services
- Pain & suffering
- Loss of quality of life
- Loss of consortium
- Disability
- Scarring & disfigurement
If we are unable to negotiate a fair settlement with the insurer, we may be able to file a lawsuit and fight for your right to just compensation in a civil court. At this trying time, you need all the help you can get. Assistance from a seasoned, determined attorney ensures your rights are protected, and every opportunity for compensation is considered.
The Clock Is Ticking: How Long Do I Have To File a Truck Accident Claim in New Jersey?
New Jersey enforces a statute of limitations that requires any civil action for a personal injury case to be filed within 2 years of an accident. A Jersey City truck accident lawyer can help you meet this deadline, but the earlier you bring them on board, the sooner they can start the process.
This has been a devastating accident. You need to focus on your recovery. A trucking accident attorney can ensure a case is built on the appropriate timeline, but it will take time.
Evaluating evidence, determining liability, and building a solid claim that can stand up in negotiations and court won’t happen overnight. The sooner you consult a lawyer, the sooner they can start, and the better the chances of securing the compensation you deserve for your injuries.
Do I Need a Lawyer for My Truck Accident Claim?
Truck accident injury claims are much more complicated than regular car accident claims. The involvement of multiple parties, greater destruction, and the federal regulations that govern the trucking industry all contribute to the complexity of these claims.
When you are injured, you shouldn’t be struggling to identify liable parties and negotiate with insurance companies. You need to use your energy to heal. Having a truck accident attorney at this time can be highly beneficial.
A knowledgeable and experienced lawyer can be of value in many ways, including:
- Gathering & preserving evidence
- Identifying the liable party(ies)
- Navigating local & federal laws
- Handling negotiations with insurance companies
- Preparing & presenting the case in civil court
- Hiring experts to support your claim
When you hire a capable truck accident attorney, you know your claim will be in good hands while you recover. At Maggiano, DiGirolamo & Lizzi, we are dedicated to guiding our clients through this process and providing legal support when they need it most.
What Does It Cost to Hire a Jersey City Trucking Accident Lawyer?
The personal injury attorneys at Maggiano, DiGirolamo & Lizzi work on a contingency fee basis. That means you won’t pay any attorney fees unless we secure a settlement or win your case. And your first consultation is FREE.
You weren’t expecting to be the victim of a truck accident. No one prepares for that type of physical, emotional, and financial burden. Every person has the right to pursue just compensation. You shouldn’t be afraid to seek the compensation you deserve because of an initial monetary investment.
By working on a contingency basis, we can provide you with the representation you need at this difficult time. You shouldn’t go through this alone. Contact us today to schedule your FREE case evaluation. Let’s make every effort to find justice in your unfortunate situation.
Call Our Jersey City Truck Accident Lawyers Today
Truck accidents often result in painful injuries and emotional trauma. The last thing you should have to deal with following an accident is chasing down evidence, negotiating with insurers, and filing lawsuits. A Jersey City truck accident lawyer can work with you, guiding you through the process and fighting to ensure that every opportunity to secure your future success is taken.
Call the trucking accident attorneys at Maggiano, DiGirolamo & Lizzi P.C. at (201) 585-9111 or contact us online to schedule a FREE case evaluation with a team member. Let us evaluate the viability of your claim as soon as possible so we can start building a case.
You are inspiring, and we are committed to fighting for your rights. We are proud to represent clients in Jersey City and throughout New Jersey.
