Truck Accident Attorneys in Morristown, New Jersey
Experiencing any accident can be life-changing. When a semi-truck, also known as an 18-wheeler, is involved, the chances of injury or even death are increased due to the massive height and weight of the vehicle. If you’ve been in an accident in Morristown, New Jersey, you deserve to fight for compensation—especially if it wasn’t your fault.
At The Law Offices of Gold, Albanese & Barletti, LLC, our skilled personal injury attorneys are more than prepared to compassionately serve you while diligently fighting in and out of court. We serve those throughout New Jersey, New York, and Massachusetts. Not only do we know state and federal laws, but we can also assess your individual case, search for necessary evidence, and create a plan of action so that you can focus on what’s most important: healing.
Laws Affecting Truck Accidents
The Federal Motor Carrier Safety Administration (FMCSA) has created laws to protect everyone on the road. It is essential that truck drivers follow these laws to create maximum attentiveness while driving:
A driver may work up to 14 hours per day, but at least three of those hours cannot include driving—in other words, you can only drive 11 hours in a 14-hour shift. A 10-hour off-duty period is required in 24 hours.
After 8 cumulative hours of driving time, the driver is required to take a 30-minute, non-driving break.
Weekly limits: drivers cannot work more than 60/70 hours in a consecutive 7/8-day period. After that, drivers must take 34 hours of time off.
Sleeper berth pairings must add up to at least 10 hours if working more than 24 hours. This means that drivers can split their 10-hour off-duty period if one period is at least 3 hours and the other is at least 7.
Keep in mind that there are exceptions to these rules. Also, each state carries additional regulations. An attorney can help you determine whether the truck driver was following FMCSA and state regulations.
Statute of Limitations
If you want to file a truck accident personal lawsuit, you’ll need to do so within each state’s statute of limitations. New Jersey’s statute of limitations is two years. New York and Massachusetts have a three-year statute of limitations. Wherever you need to file, the sooner you reach out to an attorney and get started on your personal injury claim, the better.
Proving liability can be difficult after a truck accident, but it isn’t impossible. New Jersey, New York, and Massachusetts are no-fault insurance states, meaning that you make a claim on your own insurance policy. However, if your insurance does not cover all of your medical costs and other damages, you have the opportunity to file a personal injury claim.
Each state also follows a comparative negligence law. This means that the amount of compensation you receive will depend on the percentage of fault. For example, you’re owed $10,000 in damages, but the court has determined that you were 40% liable for the accident. 40% of 10,000 is 4,000, so they would subtract $4,000 from the original $10,000 owed. In that case, you would only receive $6,000 in damages.
With comparative negligence, this only applies if you’re 50% or less at fault. If you’re 51% at fault or higher, you will not be able to recover any damages.
Note that each state has its own laws for who can and who cannot file a personal injury claim. It’s important that you reach out to one of our personal injury attorneys to see whether you qualify.
Who Can Be Liable?
Although an accident generally occurs between just two drivers, this doesn’t mean that the drivers are the only ones who can be held liable. Some other possible liable parties include, but are not limited to, the following:
The truck company
The truck parts manufacturer
The person who loaded the cargo
There can be many reasons for a truck wreck, including driving at unsafe speeds, driver failure to keep right, improper lane changes, pedestrian violations, environmental factors, improper passing, inadequate training, and more.
Filing a Personal Injury Claim
If you or a loved one has been a victim injured in a truck accident, it’s important that you get the legal guidance, advocacy, and support of a truck accident attorney. You have the option to file a personal injury claim—or, in the most tragic cases, a wrongful death claim—which can help you get the compensation you deserve. Your attorney can help you through the process and advocate for you every step of the way, so reach out for guidance.
Truck Accident Attorneys in Morristown, New Jersey
Don’t face this tragedy alone. At The Law Offices of Gold, Albanese & Barletti, LLC, we truly understand what you’re going through, and we want to give you the opportunity to fight for the compensation you deserve. We have offices in Morristown and Wall, New Jersey; Boston, Massachusetts; and New York, New York. We are more than prepared to serve you with diligent, resourceful, and careful attention. Reach out today to schedule a free consultation with skilled truck accident attorneys.