Newark Truck Accident Lawyer

If you have sustained injuries in a collision with a commercial vehicle caused by someone else, contact a Newark truck accident attorney ASAP. According to data from the state attorney general, commercial trucks are involved in about 10 percent of traffic accidents in Essex County. These accidents are particularly destructive and can leave victims with extreme injuries that are expensive to treat and manage.

The truck accident lawyers in Newark from Brach Eichler Injury Lawyers can pursue compensation from the negligent truck driver, trucking company, or other at-fault party to recover financial compensation. Life can be difficult in the aftermath of a severe accident, but we can help balance the scales and pursue justice on your behalf. We will work to hold negligent trucking companies and drivers accountable to the fullest extent to seek the relief you deserve.

Call Brach Eichler Injury Lawyers today at (973) 364-8300 or contact us online to speak to a personal injury attorney in Newark.

Types of Truck Accidents in Newark

Trucks get into all the same kinds of accidents regular cars get into — i.e., rear-end collisions, sideswipes, head-on crashes. Accidents specific to commercial trucks include:

• Underride accidents. Underride accidents occur when a passenger vehicle gets wedged between the ground and the underside of the tractor-trailer.
• Jackknife accidents. In a jackknife accident, the trailer’s momentum causes it to fold forward and drag cars along the road.
• Fishtailing. Tractor-trailers can lose control from poor road conditions and swerve behind the truck cabin in a fishtail-like motion.
• Right-turn accidents. Trucks take wide right turns and can pull forward into oncoming traffic before turning.
• Blind spot accidents. Trucks have blind spots on all four sides that obstruct vision and impede surveillance.
• Fallen cargo. Unsecured or loose cargo can fall from a truck bed and collide with traffic or cause drivers to swerve. 

What Are the Most Common Causes of Truck Accidents in Newark?

One of the major causes of truck accidents is truck driver fatigue. The federal government heavily regulates trucker driving hours to prevent accidents due to fatigue. However, delivery schedule pressures and payment incentives may cause drivers to drive past their limits and fall asleep at the wheel. According to FMCSA analysis, driver fatigue contributes to about 13 percent of large truck crashes.

Other common causes of truck crashes include:

• Impaired driving
• Distracted driving
• Speeding
• Ignoring traffic signals
• Insufficient driver training
• Defective truck parts
• Equipment failure due to poor maintenance
• Bad weather
• Dangerous road conditions

Common Injuries from Truck Accidents

Trucks are much larger than normal cars, and this massive size difference makes truck accidents exceptionally destructive. Nearly 70 percent of truck accident fatalities are passenger vehicle occupants, and accidents cause catastrophic damage, even at low speeds. Injuries from a truck accident include:

• Whiplash
• Bruises and soft-tissue injury
• Muscle and tendon strains
• Broken bones
• Laceration and cuts
• Concussions or TBIs
• Chest injuries
• Spinal cord injuries
• Burns and abrasions
• Hearing and vision loss
• Amputations
• PTSD

Truck crashes often cause permanent injuries that require drastic life alterations. Demonstrating the extent of your injuries and their impact on your life is a key part of a truck accident claim.

Who Is Liable for Truck Accidents in Newark?

In many instances, the truck driver is liable for accidents. This is the case when an accident happens due to driver negligence or recklessness. Trucking companies typically assume liability for employee negligence under a legal theory called respondeat superior. However, this situation can be more complicated when the truck driver is an independent contractor and not a full-time employee. In the case of an independent contractor, you could potentially directly pursue compensation from the driver.

Trucking companies can also bear liability if their negligent practices contributed to the accident. For instance, a company could be liable for negligent hiring practices if it hires a driver with a history of DUIs. Other entities that might share liability in a truck accident include truck manufacturers, truck maintenance crews, and loading crews.

What Kind of Evidence Is There in Newark Truck Accident Cases?

One of the most important parts of a truck accident claim is the initial evidence-gathering portion. It is here that an attorney will find a sufficient evidentiary basis to support your injury claim. Several types of evidence could be relevant in a truck accident claim, such as:

• Photos and videos. Photos and videos can provide a before and after look at the accident scene and corroborate a claimed sequence of events. For instance, a video can show whether the driver failed to yield at traffic signals or committed a similar infraction.
• Police reports. Police reports provide an objective and unbiased account of the accident circumstances as well as the date, location, and involved parties.
• Eyewitness testimony. Eyewitness accounts from those present at the accident scene can confirm or deny claims about the facts of the collision.
• ELD data. Federal law requires all commercial trucks to contain an electronic logging device (ELD) that tracks truck performance and driver inputs. These ELDs record data that could be relevant for reconstructing an accident scene, like steering wheel angle, acceleration, and engine hours.
• Truck maintenance logs. Truck maintenance logs can also determine whether maintenance crews neglected or made incorrect repairs. 

Compensation in a Truck Accident Case in Newark

Normally, in a car accident in New Jersey, you will file a claim with your own no-fault personal injury protection (PIP) coverage. PIP coverage only covers explicit economic losses and can limit one’s ability to sue the other driver for noneconomic losses.

However, these no-fault rules do not apply to commercial vehicles in New Jersey. This means that you have much more freedom to file a claim directly against negligent trucking companies. The benefit of a direct personal injury claim is you can recover a wider range of compensation than PIP coverage allows. Depending on the circumstances of your accident, Brach Eichler Injury Lawyers can pursue compensation for your:

• Emergency medical bills
• Continuing medical expenses
• Lost income from missing work
• Reduced lifetime earning capacity
• Out-of-pocket injury expenses
• Pain and suffering
• Scarring and disfigurement
• Emotional anguish

Why Choose Brach Eichler Injury Lawyers for Truck Accident Representation in Newark?

Our attorneys at Brach Eichler Injury Lawyers have decades of collective experience helping injury victims in Newark. We have recovered over $500 million for injury clients in Newark, and some of our largest cases have been commercial truck accidents. Our approach is to focus on meticulous accident investigation and documentation to strengthen your chances of a satisfactory resolution. To that end, we are comfortable working with law enforcement and expert witnesses to validate your claims.

We are effective negotiators and litigators at the bargaining table and in the courtroom. We are highly familiar with tactics insurance companies use to deny payments and know how to push back and demand compensation. Quick settlements don’t tempt us, and we will instead leverage our resources and knowledge to maximize your recoverable compensation. Our goal is to secure the funds necessary to manage your recovery and provide stability in your difficult circumstances.

Newark Truck Accident Claim FAQs

Below are some of the most common questions we receive about truck accident lawsuits and settlements. For more specific questions, call (973) 364-8300 to get in touch with a Newark big rig accident attorney.

How Can a Newark Truck Accident Lawyer Help If the Trucking Company Is Trying to Avoid Responsibility?

If a trucking company denies responsibility or their insurance company refuses to pay, we can file a lawsuit against them. Formal litigation is usually a last resort, but it may be the most effective means to recover compensation if negotiations break down.

What Makes Truck Accident Claims in Newark More Complicated Than Car Accident Claims?

Truck accidents are more complicated than typical auto accidents for three reasons. First, they involve commercial entities with larger insurance policy limits. Second, truck accidents often involve multiple liable parties whose negligence may have contributed to the accident. Third, truck accident cases involve federal regulations governing common carrier activity in the US. You need to work with an attorney familiar with the legal contours of these kinds of cases.

How Can a Newark Truck Accident Lawyer Help Me Collect Important Evidence for My Case?

Evidence destruction is a major concern in truck accident cases. For example, routine fleet maintenance after an accident could destroy key physical evidence for your claim. To combat this risk, your attorney can send the trucking company a letter of spoliation demanding that they preserve any evidence that could be relevant to your claim. This evidence can include physical truck damage, maintenance logs, truck driver training/certification records, and driving logs.

Brach Eichler Injury Lawyers: Your Trusted Newark Truck Accident Law Firm

You can do everything right and still get into a truck accident due to factors outside of your control. Brach Eichler Injury Lawyers stands with injured truck accident victims and is here to provide legal support when they need it the most. We can rise to the challenges of your truck accident claim and work with you to provide closure and healing.

Contact Brach Eichler Injury Lawyers online or call (973) 364-8300 to schedule a free, no-obligation consultation with a truck accident attorney in Newark. Our attorneys are available 24/7, so reach out at any time that is convenient for you.