Truck accidents happen in New Jersey every day. This is because countless trucks go to, from, and through NJ every day from various states. When truck accidents happen, they will almost always result in very serious injuries that are very expensive to treat. Accordingly, you may be put under unwanted financial stress if you are injured in a truck accident.
Luckily, we can help you. Our attorneys can navigate truck accident lawsuits competently and professionally, and we will work hard to get you the best legal outcome possible for your case.
For assistance with your case, call (732) 838-9769 and speak with Legal Care New Jersey’s truck accident attorneys.
What Causes Truck Accidents in Union City, NJ
Truck accidents do not happen for the same reasons. In fact, determining how exactly your truck accident happened is very important to our truck accident attorneys when we work on your truck accident lawsuit. In personal injury lawsuits, you have to prove that the defendant caused your injuries in order to get damages. Thus, being certain about the cause of your truck accident is a critical component of a successful truck accident lawsuit.
A frequent cause of truck accidents is driver negligence. In law, “negligence” basically means that someone messed up. The negligent individual does not act as a “reasonable” person would under the circumstances or violates specific laws, and, as a result, someone gets injured or otherwise wronged.
There are a lot of different ways that truck drivers can be negligent. First, there are many ways that anyone driving any kind of motor vehicle can be negligent. This would include speeding, running red lights, tailgating, failing to use turn signals, drunk driving, and other traffic infractions. Second, driving a truck has some particular skills that need to be honed. Truckers need to be adept at controlling large, very heavy vehicles that do not move in the same way as, say, an SUV or a sedan. An inexperienced trucker or one without a commercial driver’s license can easily get in an accident if they do not know what they are doing.
Finally, driver fatigue is a serious problem in the trucking industry. There are pressures present in the industry that can compel truckers to drive for longer than is safe. Getting too tired behind the wheel is just as dangerous as driving drunk, so there is also pressure in the trucking industry to make sure that truckers do not drive for too long. Accordingly, the Federal Motor Carrier Safety Administration (FMCSA) has rules about how long truckers are able to stay on the road in one sitting. If a trucker ignores these rules and drives to the point of fatigue, they can be considered negligent in court.
Negligent Trucking Companies
In addition to the trucker, trucking companies can also be negligent. First, trucking companies are responsible for making sure that the drivers they use are properly trained. This can mean either that they hire drivers who are qualified or that they train truckers they hire to a satisfactory level.
Additionally, trucking companies may be responsible for loading a trucker’s trailer before it gets hitched to their vehicle. This is important because an improperly loaded trailer can make a truck act unpredictably and result in an accident. Sometimes, truckers are responsible for making sure that everything in their trailer is squared away, but other times, separate people do that job. Alternatively, sometimes trailers arrive at a truck depot from third parties, in which case the third party that loaded the trailer may need to be included in the lawsuit.
Negligent Designers and Manufacturers
Sometimes, an issue with the truck is to blame. Defective trucks can be the result of a problem in the design process or the manufacturing process. Examples of these defects include faulty electrical wiring, using materials that are not up to specifications, and incorrectly installed airbags or brakes.
It is important to determine when the truck became defective so that you know what caused the truck accident and the correct party to sue. For example, if the truck was poorly designed, you want to sue the designer. If the truck becomes defective because of a faulty repair job, you should locate the mechanic shop responsible. In some cases, the trucking company may even be responsible for the maintenance of its own fleet.
Poor Road Conditions
Finally, some truck accidents can be caused by poor road conditions. Things such as potholes, leftover debris, and loose guardrails can all cause trucks to get into accidents.
Sometimes, private entities are responsible for cleaning up and maintaining roads, but a lot of the time, government entities do this job. If you are considering suing a government entity in your truck accident lawsuit, there are special rules you need to follow, so you should bring up this possibility with our truck accident attorneys as soon as possible.
Calculating Damages in a Union City, NJ Truck Accident Lawsuit
When plaintiffs file lawsuits, they do so to collect damages to compensate them for their injuries. You can get damages for medical expenses, lost wages and future income, pain and suffering, and more. However, you have to put forth an amount you are asking for in damages when you file your truck accident lawsuit. To do this, there are two main methods used by attorneys, which are called the multiplier method and the “per diem” method.
The multiplier method works by taking things like medical bills and multiplying them by a given factor in order to estimate the impact of more intangible damages on your case. The “per diem” method, by contrast, puts a value on the hardship of dealing with your injuries for each day you have them. The former is more likely to be used when the plaintiff will be stuck with their injuries in the long term, while the latter is more common when the plaintiff will recover quickly. When you talk to our truck accident attorneys, we can determine which method is best for your case.
Call Our Union City, NJ Truck Accident Attorneys and Talk About Your Case
Legal Care New Jersey’s truck accident attorneys offer free case analyses when you call (732) 838-9769.