Truck accidents may not be as prevalent as car crashes, but when they occur the resulting injuries are devastating. In 2020, there were 4,895 truck accident fatalities. Large trucks account for 9.8% of all vehicles involved in fatal accidents. If you have been injured or have lost a loved one in a truck accident, you may be entitled to compensation.
At the law firm of Beninato & Matrafajlo, our firm has built their careers on holding individuals and entities accountable for acts of negligence. Over the decades, our Union County truck accident lawyers have helped countless injury victims recover full and fair compensation for their personal injury or the wrongful death of a loved one. We take pride in the fact that we are driven to get the maximum results our injured clients deserve.
Types of Compensation Available for Truck Accident Victims
There are different types of compensation available for truck accident victims. Although medical expenses are a large percentage of most settlements, you may be entitled to other types of money damages depending on the specific facts of your case. You can discuss the value of your potential claim with one of our Elizabeth truck accident lawyers.
Depending on the specific facts of your case, you may be entitled to financial compensation for the following damages after a truck accident:
- Current medical bills (including ambulance and emergency room costs)
- Future medical bills
- Property damage and loss
- Emotional distress and mental trauma
- Pain and suffering
- Loss of companionship
- Loss of enjoyment of life
- Loss of income
- Loss of future earning capacity
- Wrongful death damages if you lost a loved one
- Out of pocket expenses incurred because of the accident
Truck accidents not only cause economic hardship, but they can also wreak havoc on your relationship with your spouse or other family members and create significant emotional and psychological challenges.
Our legal team is ready to help gather evidence of the damages you suffered to ensure you get the full compensation you deserve.
Who Is Liable for a Truck Accident?
Truck driver negligence is generally the leading cause of accidents. However, negligence on behalf of the owner of the truck or trailer, the truck driver’s employer, or the trucking company can also lead to devastating crashes. Product manufacturers and cargo-loading companies could also be liable in a truck collision.
Trucking companies are responsible for hiring drivers and training them to have the skills necessary to be safe on the roads. In order to hold a trucking company liable for an accident, your Union County truck accident attorney must prove they:
- Negligently hired, trained or supervised their employees
- Failed to do a proper background check on their employee
- Hired drivers with a history of traffic collisions
- Failed to inspect, maintain, or repair the truck or trailer
- Overloaded their trailer
- Failed to maintain their truck by not replacing defective parts or equipment
Common Causes of Truck Accidents
Truck accidents are generally catastrophic. When a big rig truck crashes into a passenger car or motorcycle, the smaller vehicles crumple like an accordion. There are several different factors that contribute to accidents. Nevertheless, below are some possible causes for a truck crash:
- Driver fatigue
- Driving while intoxicated
- Reckless driving
- Distracted driving
- Poor vehicle maintenance
- Poor cargo loading
Some truck accidents are not caused by the truck driver (or any other driver, for that matter). Below are some common causes of non-driver related tuck accidents:
- Poor road conditions
- Inclement weather conditions
- Unrealistic time constraints
- Poor driver training
Regardless of whether the at-fault party is an individual, a company or both, the legal team at the law firm of Beninato & Matrafajlo knows how to bring a successful claim to hold them accountable for the losses and injuries you suffered in the truck accident.
Common Truck Accident Injuries
The severity of injuries you suffered in a truck accident can complicate your injury claim. The greater your injuries, the more significant the damages – and the more adversarial the claim can become as insurance carriers fight to save money.
Some common types of injuries suffered by truck accident victims include:
- Head and brain injuries
- Spinal cord injuries
- Neck and back injuries
- Crushed limbs
- Lacerations, cuts, and bruises
- Internal organ injuries and organ failure
How Much Time Do I Have to File a Claim?
New Jersey truck accident victims only have two years from the date of the accident to file an injury claim. If you fail to bring your claim within this time frame (referred to as statute of limitations), you may lose your right to file a claim to seek compensation. This deadline is set by New Jersey state law.
However, there are some exceptions to this 2-year statute of limitations. One major exception is that minors have until their 20th birthday to file a personal injury claim. The time to file may even be shorter if there is any portion of fault attributable to a government entity.
The finite time frame to file a claim makes it imperative that you immediately consult with an experienced Elizabeth truck accident attorney to protect your rights.
Frequently Asked Questions
Consulting with a Union County truck accident attorney is the best way to get all your questions specifically answered. However, below are quick answers to some frequently asked questions:
- What is the number cause of all big truck crashes?
Driver or human error. Driver error accounts for the highest percentage of semi-truck crashes, making it the most common cause of truck accidents. According to the Federal Motor Carrier Safety Administration (FMCSA), eighty-eight percent of truck related crashes are due to the error of the driver.
- What is the most frequent type of vehicle accident in the trucking industry?
The most common type of crashes are jackknife accidents, wide-turn crashes, and deadly rollover collisions.
- Should I hire a lawyer after a truck accident?
If you want to get the full compensation you deserve for your injuries, it is in your best interest to immediately hire a Elizabeth truck accident lawyer. When insurance companies are involved, they try to pay as little as possible toward any claim. But when you hire a lawyer and level the playing field, you have a much better chance of getting higher compensation for your truck accident injuries.
- What should I do after a truck accident?
The first thing to do after a truck accident is to seek medical attention. Then as soon as you or a loved one are able, contact a Union County truck accident attorney to handle the legal aspects of your injury claim. If the truck driver was at fault for your injuries, you have the right to seek compensation. It is best to speak to an attorney as soon as possible after your accident when the details are fresh in your mind and the case can be more openly investigated.
Call a Elizabeth Truck Accident Attorney
If you or someone you know has been injured or wrongfully killed in a truck accident caused by the reckless or negligent actions of another party, an experienced Elizabeth attorney can help. Call Beninato & Matrafajlo Attorneys at Law, LLC at 732.723.8840 to schedule a free, complimentary consultation with our legal team today.