How to Determine Liability After a Truck Accident
Steps to Take After a New Jersey Truck Accident
After a truck accident occurs, it is normal for those involved to sustain injuries and end up with serious damage to their vehicles. Because of these damages, determining who is liable for the accident is a must. The person who caused the accident would need to take responsibility for doing so.
Multiple people are often involved in a truck accident situation. For example, it is likely that the person driving the truck is working for a trucking company. Even if the individual works for the company, it would depend on his or her role at that company. When a driver is hired as an independent contractor to work for a trucking company, they will often have to take responsibility when they cause a truck accident to occur. If they are hired as an employee, the business as a whole may be liable for the accident.
Who Is Responsible?
Numerous people may be liable for the accident. When a manufacturer produces a truck with faulty parts, those parts can cause the truck to stop working on the road, ultimately leading to an accident. If faulty parts are the cause of the accident, the manufacturer is often liable for the accident because the truck was not in the best working condition before the truck driver started operating it. If the trucking company failed to perform routine maintenance on the vehicle, liability could fall on the company and the driver of the vehicle. If it was the driver’s fault because he or she was distracted or falling asleep at the wheel, the driver is responsible for causing the accident.
The Role of the Truck Driver
The truck driver could have been in the wrong for many reasons. If a truck driver is texting or using the phone while driving, under the influence of alcohol or even drugs, or distracted in some other way, the truck driver could be the one who initially caused the collision. Some drivers unintentionally cause accidents because they are overworked and feeling too tired, which can cloud their judgment while they are on the road.
The Role of the Truck Company
When a driver is hired as an employee, the truck company may take some of the responsibility for the accident. However, an investigation must be performed. An experienced personal injury attorney can start investigating the trucking company to get more information and to try to figure out what could have caused the accident. For example, the attorney can review the logbook and find out if a trucking company was pressuring its driver to continue working despite not having a full break and rest period. Truck drivers are required by law to take breaks between shifts to get rest before heading back out on the road.
The person who owns the truck may be equally responsible for the accident, too. Before filing a claim against the truck driver or the trucking company, it is important for the victim to hire an attorney to perform a full investigation, find out who is responsible, and then hold them accountable for the physical injuries and the property damage they have caused.
Contact a Red Bank Personal Injury Lawyer in Brick, Red Bank or Hazlet to Discuss Your Truck Accident Case in New Jersey
Did you or a loved one sustain serious injuries due to truck accidents in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Drazin and Warshaw, P.C. represent clients injured because of truck accidents in Middlesex County, Edison, New Brunswick, Perth Amboy, Woodbridge and throughout New Jersey. Call Drazin and Warshaw, P.C. at 732-477-1700 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 937 Cedar Bridge Avenue in Brick, NJ 08723 as well as offices in Hazlet and Red Bank.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.