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Truck accidents are some of the most catastrophic and deadly accidents on our roads. With the sheer size and weight of commercial trucks, it's no surprise that these accidents often lead to severe injuries or fatalities. If you or a loved one has been involved in a truck accident in New Jersey, you may be wondering who you can hold liable for your losses. In this blog post, we'll discuss whether to sue the truck driver or trucking company after a crash, who is liable, and whether the trucking company will pay compensation to the victims.
Determining liability in a truck accident case can be complicated. Generally, the truck driver has a duty to operate the vehicle safely, and if they breach that duty and cause an accident, they may be held liable for the damages that result. However, this liability may be limited if the truck driver was an independent contractor or if their employer had no control over their actions.
Additionally, the truck driver's liability may be reduced or eliminated if another party caused the accident. For example, if a defective part or dangerous road condition contributed to the crash, the manufacturer or government agency responsible for maintaining the road may share liability with the driver. An experienced attorney can thoroughly investigate the cause of the accident to determine liability and identify all responsible parties.
In many cases, both the truck driver and the trucking company may be held liable for a truck accident. Trucking companies have a legal duty to ensure that their trucks, equipment, and employees are safe and comply with all state and federal regulations. If the company negligently hired, trained, or supervised the driver, failed to maintain the truck, or violated safety regulations, they may be held responsible for the accident.
When multiple parties share liability for an accident, you can file claims against each of them and recover damages from each up to their proportionate share of fault. If the truck driver is held 70% responsible for the accident and the trucking company is held 30% responsible, for example, you can recover 70% of your damages from the driver and 30% from the company.
Trucking companies are required by law to carry liability insurance to cover any damages that may result from an accident involving their truck and driver. If you are injured in a truck accident, you can file a claim with the trucking company's insurance carrier to seek compensation for your medical bills, lost wages, pain and suffering, and other damages.
However, insurance companies are notorious for denying or undervaluing claims, especially in complex truck accident cases. To maximize your chances of obtaining full and fair compensation, it's crucial to hire an experienced truck accident attorney. A skilled lawyer can help you navigate the claims process, negotiate with the insurance company, and file a lawsuit if necessary to pursue your rights and interests.
If you or a loved one has been involved in a truck accident in New Jersey, you don't have to bear the burden of your losses alone. At JF Bullwinkel Attorney At Law, we provide legal assistance to victims of truck accidents in New Jersey. We can help you understand your legal rights and options, investigate the accident, identify responsible parties, and pursue compensation from all liable parties. Contact us today to schedule a free, no-obligation consultation and learn how we can help you get the justice and compensation you deserve.
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