What are your rights when injured by a commercial vehicle in New Jersey?

You’re driving on the New Jersey Turnpike with your family, headed to your shore house. Suddenly, you're struck by a tractor-trailer emblazoned with the logo of a very famous, ubiquitous big box store. This wasn’t just any accident. Rather, this was the result of careless driving. The truck driver’s maneuvers were right out of the playbook of a video game. Unfortunately, you all suffered injuries due to the negligence of the other driver. What are your rights when injured by a commercial vehicle in New Jersey?

Higher Standards

Commercial vehicles in New Jersey are subject to state and federal regulations, including higher insurance requirements than personal vehicles. Additionally, the Federal Motor Carrier Safety Administration (FMCSA) has regulations and laws to promote safe travel on all major roadways. Failure to abide by these laws statistically indicates higher incidence of catastrophic events. If an accident involving a commercial vehicle occurs, there may be legal (including criminal prosecution) and financial sanctions levied if the company is non-compliant with these regulations.

Determining who is at fault (the driver/operator or the commercial company) can be a nuanced process. For example, had the driver surpassed hours of service/driving time? Was the vehicle maintenance up to date? Our competent, experienced personal injury attorneys will investigate to determine who is to blame for your accident.

Your Car Insurance Policy Matters

Did you know the type of coverage for which you elected when you selected your policy will also determine your ultimate compensation? New Jersey law allows for both full and limited tort. Limited tort is offered at a lower rate and limits your ability to sue for pain and suffering outside of sustaining a catastrophic injury. Full tort comes at a higher premium but allows you to retain your rights to sue for pain and suffering, regardless of the nature and severity of your injuries.

If possible, contacting a lawyer prior to communication with insurance companies is ideal. Why? Because insurance companies often lead with lowball offers, thus minimally compensating accident victims. Call us today for a no-cost, zero-obligation consultation. We will explain your rights when injured by a commercial vehicle in New Jersey.