Filing a Claim Against a Commercial Driver in New Jersey: What You Need to Know

Motor vehicle accidents involving commercial drivers often result in complex legal claims due to the added layers of liability and regulations governing commercial vehicles. If you or a loved one has been injured in a motor vehicle accident caused by a commercial driver in New Jersey, understanding the nuances of filing a claim is critical. This blog post will provide an in-depth overview of the steps, challenges, and legal considerations involved when pursuing compensation after a collision with a commercial vehicle.

Understanding Commercial Vehicle Accidents

Commercial vehicles are not limited to large trucks and buses; they include any vehicle used for business purposes, such as delivery vans, construction vehicles, and even rideshare vehicles like Uber or Lyft. Due to the size and weight of some of these vehicles, accidents involving commercial drivers often lead to more severe injuries and damage than regular car accidents.

Notably, commercial drivers are held to higher safety standards compared to regular motorists. For instance, they must adhere to specific rules under the Federal Motor Carrier Safety Administration (FMCSA), including stricter driving hour limits and drug/alcohol testing requirements.

Who Can Be Held Liable in a Commercial Vehicle Accident?

One of the most critical differences between regular car accidents and those involving commercial vehicles is the issue of liability. In a standard motor vehicle accident, the driver who caused the crash is typically held liable. However, in a commercial vehicle accident, multiple parties may bear responsibility, including:

The Driver: If the driver’s negligent behavior, such as speeding, distracted driving, or fatigue, caused the accident, they can be held accountable.

The Employer: If the driver was on duty or performing work-related tasks when the accident occurred, the employer (or the company that owns the vehicle) may be liable under the legal doctrine of “vicarious liability.” Employers are responsible for ensuring their drivers are properly trained and following safety protocols. Additionally, if the employer failed to maintain the vehicle or pushed the driver to violate federal hours-of-service regulations, they could be at fault.
The Vehicle Manufacturer: If a defect in the commercial vehicle contributed to the accident, the manufacturer may be held responsible for defective design or failure to warn about potential issues.
Third Parties: In some cases, a third party, such as a contractor responsible for loading cargo or a maintenance company, may be liable if their actions directly contributed to the accident.

What Compensation Can You Seek?

When filing a claim against a commercial driver or company, you may be entitled to several forms of compensation. These damages are categorized as economic and non-economic damages.

Economic Damages:

Medical bills (current and future)
Lost wages and future earning capacity
Property damage (repair or replacement of your vehicle)
Rehabilitation and therapy costs

Non-Economic Damages:

Pain and suffering
Emotional distress
Loss of enjoyment of life
Permanent physical impairment or disfigurement

In cases where the conduct of the driver or company is considered especially reckless, you may be eligible to seek punitive damages, designed to punish the wrongdoer and deter similar behavior.

Steps to Take After a Commercial Vehicle Accident

If you are involved in an accident with a commercial driver, it is crucial to act quickly and carefully. Here’s what you should do:

Call Emergency Services: Always ensure the safety of everyone involved and seek medical attention for any injuries, even if they seem minor at the time.
Gather Evidence: Take photographs of the accident scene, including vehicle damage, injuries, road conditions, and any visible hazards. Get contact information from any witnesses, and exchange information with the commercial driver.
Report the Accident: File a police report immediately. This report can play a vital role in supporting your claim, especially in determining liability.
Seek Medical Attention: Even if you don’t feel seriously injured, it’s essential to see a doctor. Some injuries may not present symptoms right away, and having a medical record can strengthen your claim.
Contact an Attorney: Commercial vehicle accident cases are complex and often involve large companies and their insurers, who may try to minimize or deny your claim. An experienced personal injury attorney can protect your rights and help ensure that you receive appropriate compensation.

Dealing with Insurance Companies

Commercial vehicle insurance policies typically offer much higher coverage limits than standard automobile insurance policies. This means there is often more money at stake, which can complicate the settlement process. Commercial insurers and the companies they represent may use aggressive tactics to dispute liability or offer low settlements.

Be cautious when dealing with insurance companies, as anything you say could potentially be used against you. It is advisable to consult with your attorney before accepting any offers or giving recorded statements.

What Challenges Can Arise in a Commercial Vehicle Claim?

Pursuing a personal injury claim involving a commercial driver can present several unique challenges:

Multiple Defendants: As mentioned, liability in commercial vehicle accidents can extend beyond the driver to the employer, manufacturer, or other third parties. Navigating multiple defendants with different levels of involvement requires a comprehensive investigation.
Complex Federal and State Regulations: Commercial drivers and their employers are subject to strict regulations under both New Jersey state laws and federal laws. Violations of these regulations (e.g., exceeding hours-of-service limits or improper vehicle maintenance) can help prove negligence, but understanding and applying these rules can be complex.
Large Corporations with Resources: Many commercial vehicle companies have considerable resources, including teams of lawyers and insurance adjusters whose primary goal is to minimize their financial responsibility. Going up against these well-funded defendants requires an attorney with experience in handling commercial vehicle cases.

Why You Need an Experienced Attorney

Navigating the legal landscape after a commercial vehicle accident can be daunting. With multiple parties involved and complex regulations governing commercial drivers, having a knowledgeable attorney is crucial. An experienced lawyer can help you build a strong case by investigating the accident, gathering essential evidence, and dealing with insurance companies on your behalf. At Drazin & Warshaw, we leverage years of experience to advocate for your rights, ensuring you understand your legal options and helping you pursue appropriate compensation for your injuries. We’re here to guide you through every step of the process.

Schedule Your Free Consultation with Drazin & Warshaw Today

If you’ve been injured in an accident involving a commercial vehicle in New Jersey, time is critical in building a well-supported claim. Drazin & Warshaw serves clients across New Jersey, including Monmouth, Middlesex, and Ocean counties, providing personalized legal representation. Our dedicated team will evaluate your case, explain your rights, and seek appropriate compensation for your injuries and losses. Contact us today for a free consultation, and let us guide you through the first steps toward recovery and justice.

With offices in Red Bank, Hazlet, Westfield and Brick, we stand ready to represent personal injury victims throughout New Jersey.
Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.