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A collision with a truck, construction vehicle, or any other large vehicle can be a frightening experience. Even relatively minor crashes could total a smaller vehicle and leave the people within severely injured.
However, no matter how frightening the collision or the extent of your injuries, you cannot claim compensation unless you can prove the truck driver was negligent. This can be a complex process due to the number of potential plaintiffs and the resources available to the trucking companies.
A Washington Township truck accident lawyer could help to even the odds. We can work to collect vital evidence to help you get the fair and full compensation you deserve. Ultimately, the goal of a skilled attorney is to hold the negligent party responsible so you can get the compensation you deserve. En Español.
Trucker Negligence in Washington Township Crashes
Most truck accident cases center around the legal concept known as negligence. This means that the plaintiff in the case does not allege that the trucker intended to cause an injury, but instead his or her poor or reckless driving resulted in an accident. New Jersey law states that even truckers who cause an injury in an accident are responsible for their actions. To prove a trucker was negligent, a plaintiff must show that:
- The defendant owed them a duty of care
- The defendant breached this duty
- This failure caused an injury
The first and third elements are always present in a truck accident case. All truckers assume a duty to care for anyone they may encounter whenever they drive. There is also usually no dispute that the incident caused an injury. The central question in a truck accident case is whether the defendant failed in his or her duty to protect you. A Washington Township truck accident lawyer could demonstrate this by providing evidence that the trucker was speeding or was violating truck weight laws at the time of the crash.
Who Else Can Be Liable in A Truck Accident?
Most truck accident cases name the driver as a defendant in the case. Depending on that trucker’s employment status, their parent company may share the liability. Employers in New Jersey carry legal liability for the actions of their employees when those employees are performing job-related tasks. Therefore, if a truck driver is at fault for an accident, their parent company may also be liable. Additionally, the company may be liable if they encouraged the trucker to skip legally mandated breaks to meet tight deadlines or they allowed to the trucks to be overloaded.
However, this situation may not apply if the trucker is an independent contractor. For example, many delivery services classify their drivers as independent contractors. This means that these drivers may be solely responsible for their actions in the event of an accident. This same dynamic applies to drivers who own and operate their own vehicles.
There are others who could be responsible as well. For example, a manufacturer may have outfitted the truck with a defective part. A Washington Township truck accident lawyer could help identify the proper defendants under the specific circumstances.
Get Advice from a Washington Township Truck Accident Attorney
Truck accidents could inflict physical, mental, and economic injuries. No matter how severe the injury, you must be able to prove it was the truck driver’s negligence caused the incident. This includes collecting evidence and using it to build a strong claim.
A Washington Township truck accident lawyer could help you perform these essential tasks and protect you from aggressive insurance companies. Whether the defendant in these cases is an independently employed truck driver or is an employee working for a freight company, we can help. Call today to schedule a consultation.