After a truck accident, your first priority should be to get to safety, then get medical attention for your injuries. However, in the aftermath of your injury, you will be left with medical bills, potential time away from work, and possibly severe pain and suffering. Getting these damages compensated should be your next priority, and you should seek the help of an experienced Newark truck accident lawyer to get the compensation you need.
Your attorney can represent your interests and talk to the insurance companies and trucking company on your behalf, fighting for you all along the way. With the help of an experienced injury lawyer, you can also be confident that you know what your case should be worth, and that your attorney can help you reject any offers short of that value so you can take your case to court.
For help with your case, call Legal Care New Jersey at (732) 838-9769 today. Our Newark, NJ truck accident lawyers offer free case evaluations.
How Much Is a Truck Accident Case Worth in Newark, NJ?
It is difficult to determine the value of a truck accident case without examining the details of the case. Each truck crash case is different because the victim suffers different physical injuries, different physical and mental effects, and different property damage. One victim might suffer cuts and scrapes and go back to work the next day, while another suffers paralysis and traumatic brain injuries that prevent them from ever regaining their pre-accident capacity.
Your Newark truck accident lawyer can help you determine what your case is worth by looking into the details of your injury, the expenses you were made to pay because of the accident, and the way that the injury has affected your day-to-day life. In general, higher medical expenses, vehicle repair costs, and other economic damages mean that the case is worth more.
Many of these damages can simply be totaled up to learn the value of this part of your case – but there might be areas of compensation you do not even know you can claim. For instance, the cost of crutches or the cost of installing wheelchair ramps at your home could potentially be covered. An attorney can help you discover these kinds of damages and claim them in your case.
Your attorney can also help you establish what your pain and suffering is “worth” in your case. Although the court cannot feel your pain and fully understand the mental effects of your injury, they can assign a value to cover these damages. Sometimes this value is based on specific estimates, while other times it is based on a factor you multiply your other damages by. Your Newark truck accident injury lawyer can help you calculate these damages.
Determining Fault in a Newark Truck Accident Injury Case
To get compensation for your injury, you need to make sure that you sue the right party and that your lawyer proves that that party is legally responsible for your injuries.
Who Is at Fault?
In general, the driver behind the wheel of the truck that hit you will be at least partly responsible for the crash. Truck accidents can often involve the truck driver and multiple other cars. Those drivers could share partial fault in your case as well, and your attorney will have to parse out the facts of the case to determine which drivers were responsible and what percentage of the blame they each share. They will ultimately pay that percentage of the damages as well.
The trucking company who hired the driver who hit you could also be liable in your truck accident injury case. Drivers who work as independent contractors or owner-operators might not have an “employer” trucking company, so the buck stops with them. However, when they work as employees at a trucking company, the company can be held liable in their place if the driver was negligent while carrying out their job duties. Trucking companies can also be at fault in their own right if their truck was not properly maintained or the driver was not properly screened for duty.
How to Prove Fault
In a truck accident case, the victim rarely has to show that the crash was intentional or that the trucker assaulted them with their vehicle. Although those kinds of cases do happen, most truck accident cases are based on a claim of negligence.
In a negligence claim, your attorney has to prove 4 elements:
- The trucker owed you a legal duty, usually based on traffic laws, safe-driving standards, or FMCSA safety regulations.
- The trucker breached that duty by violating the law or failing to use reasonable care and skill behind the wheel.
- The trucker’s mistake actually caused your crash (i.e., the injury would have been avoided if not for their breach of duty).
- You suffered damages that can be compensated in a lawsuit.
If you meet all 4 of these elements and your Newark truck accident lawyer proves them “by a preponderance of the evidence” in court, then you can get any damages you can prove.
To prove your claim, you will need evidence. Getting evidence of what happened in the crash can be easy since you witnessed the crash. Your testimony and the testimony of any other witnesses can help explain what happened. However, other “hard evidence” of what happened and what damages resulted will also be helpful.
Photos, video, truck “black box” data, and more can all be helpful to prove your case. You should also collect medical records and keep any bills to help prove your damages. Talk to a Newark truck accident injury lawyer for more information.
Call Our Newark Truck Accident Victim Attorneys for Help
If you or a loved one was injured in an accident involving an 18-wheeler or semi truck in the Newark, NJ area, call our lawyers today. The Newark truck accident lawyers at Legal Care New Jersey offer free case reviews. Call us at (732) 838-9769.