Hurt in a Car or a Truck Accident? Who Can You Sue?
For starters, there’s the obvious. For you to bring a personal injury lawsuit, there’s the assumption that you’ve been hurt. In New Jersey, there may be other restrictions if the claim involves a car or a truck accident.
Meanwhile, it goes without saying that you can’t sue if you were solely to blame for the accident that caused your injuries. However, New Jersey law won’t stop you from recovering money damages as long as you were not more than 50% responsible for the incident that caused you harm.
The formal term for this is legal theory is comparative negligence. Truth be told, someone else could sue you for their injuries arising out of the same accident. In the end, what will matter is what percent of liability applies to your actions. It’s something that could appear easy – or require a determination by an arbitrator or judge and jury.
When most people think of filing a lawsuit for a car or a truck accident, they often focus on one culpable party. However, just suing the driver doesn’t always address the situation. There are other potential defendants. And, it’s possible that the liability is divided among them.
Defendants in a Car or Truck Accident
No doubt your first encounter with a negligent driver may be the time of the actual crash. Of course, you could also be a passenger in a friend’s car and sustain injuries as a result of their actions or lack of them.
After consultation with an experienced personal injury attorney, an investigation into your case begins. Often, the driver isn’t the only one who may be deemed responsible for the damages you rightfully deserve. In some cases, fault can be apportioned among multiple parties.
Wonder how that could be? Here are some examples of when someone other than the driver could be found liable for the crash that resulted in your injuries:
• Owner of the vehicle – Did improper maintenance or repair cause the accident?
• Driver’s employer – Were you involved in a crash with a delivery truck or some other work vehicle?
• Rental car – Is it possible to hold a rental car company like Avis or Enterprise responsible for an accident?
• Multi-vehicle crash – Was more than one driver liable for the incident?
• Uber or Lyft – Will the ridesharing service actually cover your claim?
• Manufacturer or Repair Lawsuit – Did your accident happen because of a manufacturing defect or a repair issue?
• Property owner – Did someone create a negligent condition that resulted in the accident? This could include improper maintenance or repair of a parking lot.
When you are hurt in a car or truck accident, it’s critical to retain legal counsel to thoroughly evaluate the situation. In some cases, this means dealing with multiple insurance companies to determine the fairest way of assessing liability.
Contact Us
The Law Offices of Beninato & Matrafajlo have helped thousands of injury victims pursue claims. There is no cost to meet with us and we are not paid unless we obtain a recovery for you. Contact our office to schedule an appointment.
Dan T. Matrafajlo, Esq. is the Managing Member and Lead Partner at Beninato & Matrafajlo, Attorneys at Law, LLC, a New Jersey-based personal injury law firm with offices in Elizabeth and East Brunswick. With over two decades of experience representing clients in complex matters—including motor vehicle accidents, workers’ compensation, and wrongful death cases—he has recovered over $100 million on behalf of his clients and is known for securing significant results. He has also helped shape New Jersey personal injury law through notable Appellate Division decisions such as Hardison v. King and Frenklakh v. Lojek, with his litigation work featured in the New Jersey Law Journal, underscoring his authority in the field.
Mr. Matrafajlo was recognized as a Super Lawyers® Rising Stars honoree from 2012 to 2017 and is a member of the Million Dollar Advocates Forum—an honor reserved for attorneys who have achieved multi-million-dollar verdicts and settlements. Combining deep legal expertise with a client-focused approach, he provides strategic, results-driven representation while guiding clients through every stage of the legal process. He earned his Juris Doctor from the University of Miami School of Law and is admitted to practice in both New Jersey and New York.
