Swedesboro Truck Accident Lawyers
Swedesboro Truck Accident Lawyers
Truck accidents often result in devastating consequences due to the size and weight of commercial vehicles. These collisions may lead to serious injuries, significant property damage, or loss of life; those involved in these incidents may face long-term physical, emotional, and financial burdens. When these crashes happen, the aftermath often involves multiple parties, including the truck driver, employer, and insurance providers.
The Swedesboro truck accident lawyers at Kitrick, McWeeney & Wells, LLC represent clients who have sustained harm in these situations and need guidance through the legal process. Much of the work revolves around establishing liability, which determines who may be responsible for compensating you for your damages.
Who Can Be Held Liable in a Truck Accident Case?
Truck accident cases frequently involve more than one liable party:
- The driver may have made an error, such as speeding or failing to yield, which directly caused the collision.
- Legal responsibility may also extend to the trucking company if it failed to follow safety regulations or maintained poor hiring practices.
- A third party, such as a cargo loader or vehicle manufacturer, could share responsibility if their actions contributed to the incident.
Our Swedesboro truck accident lawyers examine each party’s role through careful investigation. This may involve reviewing driving records, maintenance logs, black box data, and employment contracts. Identifying all liable parties is a necessary part of seeking compensation and holding those at fault accountable for the consequences of their actions.
How Can a Trucking Company Be Held Responsible for a Driver's Actions?
A trucking company may be legally responsible for the actions of its drivers under a legal principle known as “respondeat superior.” This applies when an employee acts within the scope of their job duties and causes harm. For example, if a truck driver falls asleep while operating a commercial vehicle and causes a crash during a scheduled route, the employer may bear liability.
Liability may also arise if the company hired a driver with a poor safety record or failed to conduct appropriate background checks. Similarly, if the company pressured drivers to meet unrealistic deadlines that caused them to violate hours-of-service rules, it could be held responsible. Each case requires close examination of employment relationships and the company’s safety practices.
What Damages May Be Recovered After a Truck Accident?
Individuals injured in a truck accident may be entitled to seek compensation for various losses. This may include medical expenses for past and future treatment, lost wages due to time away from work, and reduced earning potential if the injury results in long-term disability. Pain and suffering, emotional distress, and loss of enjoyment of life may also be considered when evaluating damages.
Property damage to a vehicle or other personal belongings may also be part of the claim. In rare cases where behavior was especially reckless or intentional, ‘punitive’ damages may apply. These are designed to punish the wrongdoer and deter similar conduct in the future. Every case is different, and the total value of damages depends on the facts and circumstances involved.
How Is a Truck Accident Claim Different From a Car Accident Case?
While both involve motor vehicle collisions, truck accident cases are often more difficult to resolve than car accident claims. Commercial trucking operations are subject to federal and state regulations, including rules set by the Federal Motor Carrier Safety Administration (FMCSA). These regulations cover driver qualifications, hours of service, cargo limits, and vehicle inspections.
Additionally, trucking companies often carry higher insurance policies and employ legal teams to defend against claims. Proving liability may require access to company records, vehicle data, and other documentation that may not be readily available. Our Swedesboro truck accident lawyers gather and analyze this information to build compelling cases that meet the applicable legal standards.
How Long Do I Have to File a Truck Accident Lawsuit in New Jersey?
In New Jersey, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident. If a wrongful death occurred, the family of the deceased usually has two years from the date of death to pursue a claim. These time limits are strictly enforced by the courts, and missing the deadline may result in losing the ability to bring a case. However, there may be exceptions or special circumstances that affect the timeline, such as when a government vehicle is involved or when the injured person is a minor.
We recommend contacting our Swedesboro truck accident lawyers early in the process so that important evidence is preserved and the legal process can begin without delay.
What Role Does Insurance Play in a Truck Accident Case?
Insurance coverage is often a key issue in truck accident claims. Commercial trucking companies are required to carry higher liability coverage than individual drivers due to the potential for large-scale damage. The insurance provider for the trucking company may attempt to resolve the matter quickly and for the lowest amount possible.
Claimants are not obligated to accept an early offer from an insurer; remember, these offers may not reflect the full extent of the losses. Instead, consult with our Swedesboro truck accident lawyers. Our team can assess your claim and identify when a proposed settlement fails to meet the financial needs resulting from the collision.
Why Is Legal Representation Important in Truck Accident Claims?
Truck accident claims often involve multiple parties, detailed evidence gathering, and complicated insurance negotiations. Gathering accident reports, reviewing medical evaluations, and consulting with qualified professionals may be necessary to establish liability and support a claim for compensation. Additionally, the legal standards are high, and failing to meet procedural requirements may result in dismissal of a claim.
Individuals who have suffered harm may not have the time, resources, or familiarity with these procedures to handle a case alone. By working with our Swedesboro truck accident lawyers, you can focus on recovery while the legal process is managed on your behalf.
Swedesboro Truck Accident Lawyers at Kitrick, McWeeney & Wells, LLC Help Clients Pursue Damages for Their Injuries
Truck accidents lead to serious consequences that require medical care, time away from work, and long-term recovery. The Swedesboro truck accident lawyers at Kitrick, McWeeney & Wells, LLC skillfully represent clients affected by these events. To schedule a free consultation, call us at 732-920-8383 or contact us online. With office locations in Manasquan and Brick, New Jersey, we proudly serve clients across New Jersey.
Manasquan, NJ
Hours of Operation
Tuesday: 8AM – 5:30PM
Wednesday: 8AM – 5:30PM
Thursday: 8AM – 5:30PM
Friday: 8AM – 5:30PM
Saturday: 8:30AM – 12:30PM
Sunday: CLOSED
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