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The undeniable dangers posed by large commercial trucks, tractor-trailers, and semi-trucks on New Jersey roadways have motivated a detailed set of safety regulations designed to minimize these dangers. Despite this, a substantial number of truck accidents are caused each year by one or more parties’ failure to properly follow these rules. While flagrant violations are clear, determining the cause of a truck accident in many cases requires a much more nuanced investigation and analysis.
Because of the complexities involved in determining the cause of truck accidents, it is necessary to retain an attorney who specializes in these cases and who understands how best to approach the problem of determining causation. At Drazin & Warshaw PC, our Red Bank truck accident attorneys have built a reputation for exceptional legal representation in truck accident cases over the past 70 years. We are committed to leaving no stone unturned in exploring options for recovering monetary compensation for our clients who have sustained injuries or lost a loved one in a truck accident.
Most New Jersey truck accidents are caused by either driver error or some type of vehicle malfunction. Some of the more common causes of truck accidents in New Jersey are:
Long-haul truck drivers are usually under strict time constraints to meet delivery deadlines, which can result in fatigue and increase the chances that an accident will occur. Regardless of whether driver error or vehicle malfunction is suspected, our attorneys will work to obtain the evidence that was recorded by the vehicle’s black box, if one is available. A black box device in a truck works much like the black box in an airplane, and it can provide information as to:
Because of the important evidentiary value of the information contained in the black box, it can be critical that your attorney obtain the information as soon as possible following the truck accident in order to determine the cause of the accident. Many trucking companies may be reluctant to simply hand this information over, as it can be instrumental in establishing that they were at fault. Our attorneys can take steps to both obtain the black box evidence and prevent the trucking company from destroying or tampering with this information.
As soon as you retain our services, our legal team will begin to investigate in order to determine the cause of your truck accident, which is the foundation for establishing your right to compensation from the people and entities whose negligent actions caused the accident. We have the resources necessary to conduct a thorough investigation of the scene and the circumstances surrounding the accident, including:
Both the trucking company and the truck driver have certain obligations that they must satisfy in order for the vehicle to be lawfully on the road in New Jersey. Truck drivers are required to obtain a special commercial driver’s license (CDL) before they are entitled to drive a large commercial truck, and each truck must be subject to routine inspection in order to detect any potential mechanical or equipment problems.
Our attorneys will carefully inspect the records kept by the trucking company in order to identify any potential lapses in inspection or maintenance, as well as the records kept with respect to the driver’s hours on the road and training certifications.
Establishing the cause of a truck accident can be difficult without sufficient resources and experience in conducting large-scale investigations. The experienced Red Bank truck accident attorneys at Drazin & Warshaw PC can help you. We represent clients in Middletown, Howell, Lakewood, Toms River, and other towns throughout Monmouth and Ocean Counties in New Jersey. Call our office today at (732) 576-8860 (Red Bank) or (732) 264-6900 (Hazlet) or fill out this online form to schedule a free consultation to discuss what may have caused the truck accident in which you were injured. We have an office conveniently located at 25 Reckless Pl, Red Bank, NJ, 07701, as well as offices in Hazlet and Brick, NJ.
Q. I don’t know who or what caused my truck accident, but I know that I was driving carefully. What can I do?
A. Consult with an attorney following the accident. There are many ways to establish causation after a truck accident, and most of these will be unfamiliar to someone who is not experienced in handling these types of cases. For example, we can obtain the truck driver’s cell phone records to determine whether he or she was texting when the accident occurred, and we can obtain the vehicle’s maintenance records to determine the condition of the truck’s tires.
Q. What if I was partly at fault for causing the truck accident? Can I still recover compensation for my injuries?
A. New Jersey follows a comparative negligence rule, which means that you can recover damages for your injuries as long as you were not more than 50 percent responsible for the truck accident. Although your compensation will be proportionately reduced by the percentage of fault attributed to you, you may still recover substantial damages for your injuries or other economic losses. (For example, if your compensation award was $20,000 and you were 50 percent responsible, you would receive $10,000.)