Truck accidents frequently occur on the busy highways of New Jersey resulting in occurrences of catastrophic injury and death. Seventy-two percent of the time when truck accident fatalities occur, the victims are people riding in other vehicles and 2017 data has shown a 9% increase in U.S. deaths related to truck accidents. If you have vehicle damages or injuries related to a truck accident, or have lost a loved one, contact a personal injury accident attorney for assistance.
No fault state.
New Jersey is a “no fault” insurance state, meaning that damages can be paid from a victim’s own insurance policy reducing wait times and expediting the process of receiving necessary treatments and repairs to property. New Jersey follows the modified comparative negligence standard, and sets the limit at 50%. If the plaintiff can show that a particular defendant was at least 60% responsible, the plaintiff can recover the full amount of damages from that party. Taking action after a truck accident may enable you to secure the proper information necessary to initiate a legal claim when no fault insurance is not enough to pay expenses related to the accident.
Post-accident action.
- Check on the condition of the people involved in the accident;
- Call the police or emergency responders;
- Get a written accident report;
- Remain at the accident scene;
- Exchange driver and insurance information;
- Get witness contact information;
- Call your insurance company to set up a claim;
- Seek out medical treatment for documentation even if you feel fine;
- Take pictures of the scene and property damages;
- If the truck is a Commercial Vehicle, get State Trooper report;
- Call an accident attorney.
Review insurance policy.
When a truck driver is found to be at fault for an accident, the victim’s ability to file a claim in New Jersey depends on whether their insurance policy falls under one of two categories: “Limitation on Lawsuit” or “No Limitation on Lawsuit”. If you have insurance with no limitation, you can set up a claim for any injuries from a car accident regardless of the severity of the injury. If you have the limitation on your policy, in order to qualify for the “serious injury threshold” action, one of the following injuries must be present for a claim to be accepted: death, loss of limbs, broken or fractured bones, loss of an unborn child and any permanent injury reported by medical providers separate from scarring/disfigurement claims.
Document evidence to support claims.
- Visual evidence: photographs taken at the scene and pictures of injuries.
- Witness testimony: People at the scene, including passengers may have valuable testimony.
- Police reports: When police arrive at the scene or when you file a police report, officers will be taking notes. They have an objective perspective that may help your case.
- Medical bills: The amount of your settlement is largely contingent on the extent of your injuries. If you were severely injured, go to the doctor and keep precise records of all medical treatment.
Elements of Negligence.
- An owed duty of care;
- a breach of duty;
- causal connection resulting in the harm;
- proximate cause;
- measurable damages.
Hire an attorney.
An experienced truck accident attorney will be able to determine the necessary actions, including proving negligence by relying on gathered documentation to support a claim for damages necessary for truck accident victim recovery.
Sources:
http://www.newjersey-legal-guide.com/AICRA.html
Restatement (Second) of Torts § 402A cmt. b (Am. Law Inst. 1965). Citing to the Second
Restatement and the comment to a specific section.
https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812663
