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After sustaining an injury in a truck accident, the injured party may feel that it is hopeless to sue a negligent truck driver who may have limited resources. The negligent or reckless driving of a truck driver is a leading cause of truck accidents in New Jersey, but this does not mean that an injured party is always limited to suing the truck driver in all cases. In fact, the truck company itself may be liable for the negligent actions of the driver under certain circumstances.
Truck companies are often large enterprises that make millions of dollars from their trucking operations, and, in many cases, the safety of drivers on the road is neglected in favor of increased profit margins. If you or a loved one has been injured in a truck accident, the Manalapan truck accident attorneys at Drazin & Warshaw PC can evaluate the accident and all relevant evidence in order to determine whether the truck accident was due to company negligence.
A trucking company has many legally mandated responsibilities with respect to its fleet of trucks, including the responsibility to properly maintain the vehicle and to hire and train drivers in order to protect everyone’s safety. A truck company’s actions can cause an accident because of:
Truck accidents can be caused by company negligence under a variety of circumstances, but it is important to remember that the company is also liable for the negligent actions of its employees. This legal theory, known as respondeat superior, places a duty on the company itself to implement hiring and training procedures that ensure that only qualified, responsible truck drivers are operating the company’s trucks on the roadways. Even if the trucking company was not directly negligent, they can sometimes be held responsible for the employee’s negligence.
In many cases, trucking companies will seek to evade this liability by characterizing drivers as independent contractors, rather than employees. Our attorneys can evaluate the situation to determine whether the trucking company’s control over the driver’s work means that the driver should legally be characterized as an employee.
If you have sustained injuries in a truck accident, the personal injury attorneys at Drazin & Warshaw PC can help. We represent truck accident victims throughout New Jersey, including Marlboro, Long Branch, Lakewood, Manchester, and other towns in Monmouth and Ocean Counties. Call us at (732) 576-8860 (Red Bank) or (732) 264-6900 (Hazlet) or fill out this online form to schedule a free consultation to evaluate whether company negligence played a role in your trucking accident. Our main office is located at 25 Reckless Pl, Red Bank, NJ 07701, and we also have offices in Brick and Hazlet, NJ.
Federal law requires truck drivers to maintain a log of the time they spend on the road. Tight delivery deadlines imposed by many truck companies often lead drivers to spend more time on the road than is legal, leading to increased driver fatigue that can cause dangerous and sometimes fatal accidents. The truck driver’s log can prove important to establishing negligence in your case, and our attorneys will fight to access this log immediately following the accident.
Even though it is not advisable to talk to the truck company without an attorney, truck company representatives often show up at the accident scene in order to attempt to diminish their liability following the accident. If you did speak with the representative, our attorneys can still help establish that the truck company’s negligence caused the accident by attempting to minimize the damage caused by any statements you made. If the truck company contacts you again, refer them to our offices and refrain from any further discussion.