All motor vehicle accidents are serious; however, some of the most serious motor vehicle accidents involved large commercial trucks and vehicles. According to the Federal Motor Carrier Safety Administration (FMCSA), there were 4,440 trucks or buses involved in fatal crashes and another 119,000 injury-related crashes in 2016 alone. Commercial trucks and vehicles can weigh up to 80,000 pounds and are no match for a sedan size automobile that the average person is driving on the roads and highways in New Jersey.
Not only are accidents involving large commercial trucks and vehicles more serious, but filing a lawsuit against a commercial trucking company is complex and involves not only the laws of New Jersey, but Federal laws as well. This is why it is important to ensure that the lawyers you choose to represent you in a trucking accident have expertise in handling trucking accident cases.
The New Jersey trucking accident lawyers at Cerussi & Gunn have expertise in the State and Federal laws governing trucking accidents and are familiar with how to investigate and litigate such cases, which means you are in good hands when seeking compensation for a trucking accident.
Determining why a motor vehicle accident involving a commercial truck or vehicle occurred is not as easy as reviewing the police report and determining whether a driver received a summons. Accidents involving commercial trucks or vehicles occur for the same reasons that motor vehicle accidents occur involving private passenger cars, i.e. speeding, driver inattention, failure to yield, etc. However, trucking accidents also occur due to fatigue of the driver, failure to properly and timely inspect the truck, failure to properly train the driver of the commercial truck, failure to follow the Federal Motor Carrier Safety Regulations, and many more.
Common types of driver error include:
Most accidents are the result of carelessness, but that does not necessarily mean it was the truck driver’s carelessness that caused the accident to occur. The people who are supposed to maintain the truck or the manufacturer of one of the truck’s parts might be the ones that were actually responsible for the happening of the accident. Commercial trucks are subject to significant wear and tear, so they need to be kept in proper condition and there are State and Federal laws that govern the inspection and maintenance of commercial vehicles.
When purchasing or renewing their automobile insurance, every New Jersey driver determines whether they want to be subject to the limitation of lawsuit, also known as the verbal threshold. If a driver chooses the limitation of lawsuit option, the driver’s premiums will be considerably less; however, that driver, if injured in a motor vehicle accident, can only recover for pain and suffering if that driver sustains a more serious type of injury.
However, if a motor vehicle accident is caused by the driver of a commercial vehicle, the individual who sustains personal injuries as a result of the accident, likely would not be subject to the limitation of lawsuit, even if that is what they had chosen on their own policy of automobile insurance.
Notwithstanding, the injured individual’s medical bills would still be covered by their own motor vehicle insurance.
It is important that the attorney you choose to represent you with regard to a trucking accident is fully familiar with the New Jersey and Federal Motor Carrier Safety Regulations.
The attorneys at Cerussi & Gunn, located in Monmouth County, NJ, are familiar with the New Jersey and Federal Motor Carrier Safety Regulations, and have handled numerous cases involving commercial trucks and vehicles.
At Cerussi & Gunn, we have the experience to handle your case against a trucking company whose driver’s negligence or its own negligence causes a motor vehicle accident that causes you injury. The NJ trucking accident lawyers at Cerussi & Gunn will be able to answer your questions and properly prepare your case.