NJ Truck Accident FAQ

A. The first and most important step to take after a truck accident is to seek out medical attention. If you are not seriously injured, call the police, take photos of the scene, and obtain the contact information of the truck driver and any witnesses to the accident. You should also take photos of any injuries that you have sustained, and be sure to keep a copy of the doctor’s report and recommendations (which should be followed exactly). It can also be helpful to keep a written log of your daily physical injuries, treatment, and loss of time at work. As soon as you are able, consult with an attorney before speaking to anyone else about the accident.

A. Even if you do not seem to be seriously injured, many injuries only become apparent to the untrained eye after time has passed. While the most important goal of getting medical attention is to rule out any injuries, the opinion of a medical professional is also important in establishing your right to insurance compensation under your own PIP coverage and in establishing your right to pursue damages from the at-fault party. In a lawsuit, a defendant can argue that something else happened to cause your injury between the time that the accident occurred and when you received medical attention. This makes it particularly important to get medical attention right away, even if you do not seem to be hurt.

A. It is important to consult with an experienced attorney before accepting any settlement offer from the insurance company following a truck accident. Even if the insurance adjuster seems friendly and wants to help, and even seems willing to negotiate with you, remember that the insurance company’s primary objective is to minimize their monetary liability following an accident. Many factors come into play in arriving at a full and fair compensation package, and it may be difficult to anticipate potential future costs of the truck accident. Once you have settled, you cannot later go back and file a new claim for future expenses stemming from the accident, so it is important to first consult with an attorney who understands the financial burden you may be facing in the future.

A. Under New Jersey’s comparative negligence law, you cannot recover compensation following a truck accident if you were more at fault for causing the accident than the other driver. When the insurance company determines this figure, it uses the evidence available to analyze the situation and make an often subjective judgment call as to relative fault. Most insurance companies have an appeals process than an attorney can help you understand if you believe that they were mistaken in assigning fault.

A. The statute of limitations for filing a personal injury lawsuit in New Jersey is generally two years if the injured party was an adult. For minors, an expanded statute of limitations provides that the period does not begin to run until the individual has reached age 18 so that an injured minor generally has until his or her 20th birthday to file a personal injury lawsuit. Additionally, other exacerbating circumstances, such as whether the injured party has a mental disability, may exist to allow an experienced attorney to argue for an expanded statute of limitations.

A. Yes. Generally speaking, anyone who was injured in the truck accident may have the right to pursue compensation from the negligent parties.

A. The level of compensation available will depend upon the severity of the injuries that you sustained, as well as factors such as the amount of work time that you missed and the compensation that you would have received at work.

A. The short answer is “As soon as possible.” The sooner an attorney can go to work in investigating the accident scene and obtaining all available evidence, the better. Protracted time periods can give the driver or truck company time to alter or destroy valuable evidence. For example, under federal law, a truck driver’s log book can be destroyed after six months have passed.