Elizabeth, NJ Tractor Trailer & Truck Accident Attorney

                                                                                   

A tractor-trailer or truck is considered a commercial vehicle in New Jersey. These vehicles can cause serious damage not only to your car, but also bodily injuries as well. In addition to representing injured people in New Jersey as a result of a tractor-trailer’s negligence, we also represent car accidents, slip and falls, and dog bites here in New Jersey. There are many reasons why you should hire New Jersey attorney Brett M Rosen for your commercial vehicle accident in New Jersey. Here are some of them:

• Brett M Rosen is a skilled and experienced lawyer who specializes in criminal defense and personal injury cases. He has been recognized as one of the top criminal defense attorneys of 2023 and has been selected to Thomson Reuters Super Lawyers Rising Stars list for five consecutive years, a recognition that only 2.5% of attorneys in New Jersey receive. 
• Brett M Rosen is a passionate and dedicated advocate who will fight for your rights and interests. He has a reputation for being assertive, meticulous, and strategic in his approach. He has handled some high-profile cases involving celebrities and reality stars and has won seemingly impossible cases for his clients. He has also settled close to $1 million of personal injury cases within three months. 
• Brett M Rosen is a local and accessible lawyer who knows the New Jersey legal system and the local courts. He is based in New Jersey and serves clients throughout the state. He is also available for video conferencing and offers free consultations. 

These are just some of the reasons why you should hire New Jersey attorney Brett M Rosen for your commercial vehicle accident in New Jersey. If you want to learn more about him and his services, contact our office today for a consultation.

Liability in an Accident with a Tractor Trailer & Truck in New Jersey

Commercial vehicles (tractor-trailers, trucks, etc.) are vehicles that are used or designed to transport passengers or property for business purposes, such as trucks, buses, vans, taxis, or limousines. Commercial vehicles are subject to different rules and regulations than personal vehicles, and accidents involving them can be more complicated and severe. If you are involved in an accident with a commercial vehicle in New Jersey, you may wonder who is liable for your damages and how to pursue compensation. This page will explain the key aspects of liability in an accident with a commercial vehicle in New Jersey, including the potential parties, the factors to consider, and the legal process.

Who is Liable for an Accident with a Commercial Vehicle in New Jersey?

Liability for an accident with a commercial vehicle in New Jersey depends on the specific circumstances of the case, such as the cause of the accident, the type of the vehicle, and the relationship between the driver and the owner or employer. However, some of the potential parties that may be liable are:

• The driver of the commercial vehicle: The driver of the commercial vehicle may be liable if they were negligent or reckless in operating the vehicle, such as speeding, texting, driving under the influence, or violating traffic laws. The driver’s liability may be limited by their insurance coverage, which is required to be at least $300,000 for vehicles with a gross weight rating of 10,001 to 26,000 pounds, and $1.5 million for vehicles with a gross weight rating of more than 26,000 pounds.
• The owner or employer of the commercial vehicle: The owner or employer of the commercial vehicle may be liable if they were negligent or careless in hiring, training, supervising, or retaining the driver, or if they failed to maintain or inspect the vehicle properly. The owner or employer may also be vicariously liable for the driver’s actions, if the driver was acting within the scope of their employment or authority at the time of the accident. The owner or employer’s liability may be covered by their commercial auto insurance policy, fleet insurance policy, commercial umbrella insurance policy, commercial excess insurance policy, or similar insurance policy.
• The manufacturer of the commercial vehicle or its parts: The manufacturer of the commercial vehicle or its parts may be liable if the accident was caused by a defect or malfunction in the vehicle or its components, such as brakes, tires, steering, or engine. The manufacturer may be held strictly liable for the defect, regardless of their fault or negligence, if the defect existed when the vehicle left their control and caused the accident.

These are some of the possible parties that may be liable for an accident with a commercial vehicle in New Jersey, but there may be others, depending on the situation. For example, other drivers, passengers, pedestrians, or entities that contributed to the accident may also share some responsibility.

What Factors Affect Liability in an Accident with a Commercial Vehicle in New Jersey?

Liability in an accident with a commercial vehicle in New Jersey is determined by various factors, such as:

• The cause of the accident: The cause of the accident is the main factor that affects liability, as it indicates who was at fault or more at fault for the collision. The cause of the accident may be determined by the police report, witness statements, physical evidence, expert testimony, or other sources. Some of the common causes of accidents with commercial vehicles are distracted driving, fatigue, speeding, improper loading, mechanical failure, or poor road conditions.
• The type of the commercial vehicle: The type of the commercial vehicle is another factor that affects liability, as it influences the severity of the accident, the applicable rules and regulations, and the potential parties involved. For example, accidents involving large trucks or buses may cause more damage and injuries than accidents involving smaller vehicles, and may require special licenses, inspections, or permits. The type of the commercial vehicle may also determine the nature and purpose of the vehicle, such as whether it is transporting passengers, cargo, or hazardous materials.
• The relationship between the driver and the owner or employer: The relationship between the driver and the owner or employer of the commercial vehicle is another factor that affects liability, as it determines the extent of the owner or employer’s responsibility for the driver’s actions. For example, if the driver is an employee of the owner or employer, the owner or employer may be vicariously liable for the driver’s negligence, as long as the driver was acting within the scope of their employment or authority. However, if the driver is an independent contractor, the owner or employer may not be liable, unless they were negligent in hiring, training, supervising, or retaining the driver.

These are some of the factors that affect liability in an accident with a commercial vehicle in New Jersey, but there may be others, depending on the case. For example, the insurance coverage, the damages, and the comparative negligence of the parties may also play a role.

How Do I Pursue Compensation for an Accident with a Commercial Vehicle in New Jersey?

If you are injured in an accident with a commercial vehicle in New Jersey, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages. However, pursuing compensation can be a complex and challenging process, as you may have to deal with multiple parties, insurance companies, and legal issues. Therefore, you should follow these steps to protect your rights and interests:

• Seek medical attention: The first and most important step is to seek medical attention for your injuries as soon as possible. This will help you document your injuries, prevent further complications, and support your claim. You should also follow your doctor’s instructions and keep all your medical records and bills.
• Report the accident: The next step is to report the accident to the police, your insurance company, and the owner or employer of the commercial vehicle, if possible. You should also obtain a copy of the police report, the contact information of the other parties and witnesses, and the insurance information of the commercial vehicle. You should also take pictures of the accident scene, the vehicles, and your injuries, if you can.
• Contact a lawyer: The final and most crucial step is to contact a lawyer who specializes in accidents with commercial vehicles in New Jersey. A lawyer can help you by:
  • Explaining your rights and options under the law
  • Investigating the accident and gathering evidence
  • Identifying the liable parties and their insurance coverage
  • Negotiating with the insurance companies for a fair settlement
  • Filing a lawsuit or an arbitration, if necessary
  • Representing you in court or in arbitration and advocating for your best interests

A lawyer can also help you avoid common mistakes that could jeopardize your claim, such as giving a recorded statement to the insurance company, signing a release without consulting a lawyer, or accepting a lowball offer.

Verbal Threshold for Commercial Vehicle Accidents in New Jersey

What is the verbal threshold?

The verbal threshold is a limitation on the right to sue for pain and suffering damages in New Jersey. It is also known as the limitation on lawsuit option or the tort threshold. It is a choice that drivers make when they purchase their auto insurance policies. By choosing the verbal threshold, drivers pay lower premiums, but they also agree to limit their ability to sue for non-economic damages, such as pain and suffering, emotional distress, or loss of enjoyment of life, unless their injuries meet certain criteria.

What are the criteria for suing under the verbal threshold?

According to the Automobile Insurance Cost Reduction Act (AICRA) of 1998, drivers who have chosen the verbal threshold can only file civil lawsuits to recover for pain and suffering damages if their injuries fall under one of the following categories:

• Death
• Dismemberment
• Loss of a fetus
• Significant disfigurement or scarring
• Displaced fractures
• Permanent injury that has not healed to normal function and will not heal to normal function with further medical treatment

The last category, permanent injury, is the most common and disputed one. It requires a certification from a licensed physician that states that the injury has not healed to normal function and will not heal to normal function with further medical treatment, based on objective clinical evidence. The certification must be provided within 60 days of the filing of the lawsuit.

Does the verbal threshold apply to commercial vehicle accidents?

No, the verbal threshold does not apply to commercial vehicle accidents. A commercial vehicle is defined as a vehicle that is used for business purposes, such as a truck, a bus, a taxi, or a limousine. A commercial vehicle is not considered an automobile under the New Jersey law. Therefore, a plaintiff who is involved in an accident with a commercial vehicle is not subject to the verbal threshold limitations. That is, the verbal threshold only applies to accidents involving automobiles, not accidents involving commercial vehicles. 

This means that a plaintiff who is injured in a commercial vehicle accident can sue for pain and suffering damages without meeting the criteria of the verbal threshold, regardless of the type of insurance policy they have. However, they still have to prove that the defendant was negligent and that their injuries were caused by the defendant’s negligence.

What are the benefits of suing without the verbal threshold?

Suing without the verbal threshold has some advantages for the plaintiff:

1. First, it allows the plaintiff to seek compensation for any type of injury, no matter how minor or severe, as long as it was caused by the accident.
2. Second, it gives the plaintiff more leverage in negotiating a settlement with the defendant or the defendant’s insurance company, as they have a wider range of damages to claim.
3. Third, it increases the chances of getting a favorable verdict from a jury, as juries tend to be more sympathetic to plaintiffs who have suffered pain and suffering damages.

What are the challenges of suing without the verbal threshold?

Suing without the verbal threshold also has some challenges for the plaintiff. First, it requires the plaintiff to prove that the defendant was negligent and that the defendant’s negligence caused the plaintiff’s injuries. This may involve hiring experts, obtaining witnesses, and presenting evidence. Second, it exposes the plaintiff to the risk of losing the case or getting a low award, as the defendant or the defendant’s insurance company may contest the liability, the causation, or the extent of the damages. Third, it may take longer and cost more to resolve the case, as the parties may have more disputes and less incentives to settle.

Verbal Threshold & Commercial Vehicles in New Jersey

The verbal threshold is a limitation on the right to sue for pain and suffering damages in New Jersey. It is a choice that drivers make when they purchase their auto insurance policies. However, the verbal threshold does not apply to commercial vehicle accidents, as commercial vehicles are not considered automobiles under the New Jersey law. Therefore, a plaintiff who is injured in a commercial vehicle accident can sue for pain and suffering damages without meeting the criteria of the verbal threshold, regardless of the type of insurance policy they have. This has some benefits and some challenges for the plaintiff, depending on the facts and circumstances of the case.

 

Types of Commercial Vehicles

Commercial vehicles typically include trucks, buses, delivery vans, taxis, and other vehicles used for business purposes. Accidents involving these vehicles can lead to serious injuries and significant damages.

According to the New Jersey Motor Vehicle Commission (MVC), a commercial vehicle is any self-propelled or towed vehicle used on a public highway in interstate commerce to transport passengers or property when the vehicle:

• Has a gross vehicle weight rating of 10,001 pounds or more
• Is designed to transport more than 15 passengers, including the driver
• Is used to transport hazardous materials in a quantity requiring placarding 

Some examples of commercial vehicles in New Jersey are:

• Commercial trucks and trailers
• Taxis
• Aggregate haulers, vehicles used to haul aggregate like ready-mix cement or stone
• School buses
• Commercial trailers
• Commercial motorcycles
• Farm trucks
• Tow trucks 

Are Uber or Lyft Considered a Commercial Vehicle?

In New Jersey, Uber and Lyft are considered “transportation network companies” and operate under specific regulations. These regulations do not explicitly categorize them as commercial vehicles, but they do impose certain requirements that are similar to those for commercial vehicles. For example:

• Background Checks: New Jersey mandates thorough background checks for all Uber and Lyft drivers. These checks include criminal records, driving history, and other pertinent details.
• Vehicle Inspection: Every vehicle operating under these platforms now has to undergo periodic inspections to ensure they meet the state’s safety standards.
• Insurance Requirements: New Jersey has clarified insurance requirements for drivers when they’re logged into the platform but not carrying a passenger and when they have a passenger on board.

However, it’s important to note that commercial vehicles may be subject to additional state government taxes, which would be over and above the toll. So, while Uber and Lyft vehicles have some regulatory requirements similar to commercial vehicles, they may not be subject to all the same rules and taxes.

Are Uber & Lyft Subject to the Verbal Threshold in NJ?

Uber and Lyft drivers and passengers are not subject to the verbal threshold in New Jersey. The verbal threshold is a defense that limits the right to sue for injuries in car accidents, except in serious cases. However, New Jersey law states that the verbal threshold shall not be asserted against any party not receiving personal injury protection benefits in any action for damages arising from a prearranged ride with Uber or Lyft. 

This means that if you are injured by a negligent Uber or Lyft driver in New Jersey, you can sue for your damages without having to prove that your injuries meet the verbal threshold criteria. This may increase your chances of getting fair compensation for your medical expenses, pain and suffering, lost wages, and other losses.

However, Uber and Lyft accident cases can be complex and involve special laws and insurance policies. Therefore, it is advisable to consult with an experienced personal injury attorney who has handled Uber and Lyft accident cases before. An attorney can help you protect your rights and pursue the best possible outcome for your case. Contact our office today for a consultation regarding your Uber or Lyft accident in New Jersey.

Is Uber Eats Subject to the Verbal Threshold in New Jersey?

Uber Eats drivers and customers are also not subject to the verbal threshold in New Jersey. The same law that applies to Uber and Lyft drivers and passengers also applies to Uber Eats drivers and customers. Therefore, if you are injured by a negligent Uber Eats driver in New Jersey, you can sue for your damages without having to prove that your injuries meet the verbal threshold criteria. 

However, as mentioned before, Uber Eats accident cases can be complex and involve special laws and insurance policies. Therefore, it is advisable to consult with an experienced personal injury attorney who has handled Uber Eats accident cases before. An attorney can help you protect your rights and pursue the best possible outcome for your case. Contact our office today to discuss your Uber Eats accident in New Jersey.

Does Preponderance of the Evidence Standard Apply?

Yes, the preponderance of evidence standard does apply to commercial vehicle accidents in New Jersey. This standard requires the party with the burden of proof to demonstrate that their claim is more likely true than not. In other words, the evidence supporting the claim must be more convincing and carry more weight in the minds of the judge or jury than the opposing evidence.

This standard is generally less stringent than the “clear and convincing evidence” standard and is the typical burden of proof for civil cases, including those involving commercial vehicle accidents. If the evidence is equally weighted on both sides, or if it weighs heavier against the party with the burden, then they have not met the preponderance of evidence standard.

 

Frequently Asked Questions (FAQs)

• Question: How frequent are tractor-trailer & truck accidents in New Jersey?
  • Answer: Tractor trailer, truck, limousine, and taxi accidents are relatively common in New Jersey. In 2022, there were 168,320 truck accidents in the U.S., and 6,734 of them occurred in New Jersey, making it the fourth state with the most truck accidents. Tractor trailers, also known as semi-trucks or big-rigs, accounted for 4,766 of the fatal truck accidents in the U.S. in 2022. Limousine and taxi accidents are also frequent in New Jersey, especially in urban areas like Newark, Jersey City, and Atlantic City, where there is high demand for these services. In 2022, there were 1,089 limousine accidents and 2,467 taxi accidents in New Jersey, resulting in 19 and 25 fatalities, respectively. 
  • Some of the common causes of these accidents are driver fatigue, distracted driving, speeding, improper maintenance, equipment failure, drug and alcohol use, medical conditions, and adverse weather conditions. These accidents can cause serious injuries and damages to the victims, who may be entitled to compensation from the liable parties. However, these cases can be complex and involve special laws and insurance policies, so it is advisable to consult with an experienced personal injury attorney who can help you protect your rights and pursue the best possible outcome for your case. Contact our office today for a consultation.

• Question: Do I have to Prove a Permanent Injury in an Accident with a Truck in New Jersey?
  • Answer: No, you do not have to prove a permanent injury if you were involved in an accident with a truck in New Jersey. Truck drivers and passengers are not subject to the verbal threshold in New Jersey, which is a defense that limits the right to sue for injuries in car accidents, except in serious cases. Therefore, you can sue for damages without having to prove that your injuries meet the verbal threshold criteria. 
  • However, proving that your injuries are permanent may help you increase the value of your claim, as permanent injuries can have a significant impact on your quality of life, future earnings, and medical expenses. To prove that your injuries are permanent, you may need to provide evidence such as medical records, expert testimony, actuarial analysis, and personal statements. 
  • If you need help gathering the necessary evidence to prove your injuries are permanent, or if you have any questions about your legal rights and options, I recommend that you consult with an experienced personal injury attorney who has handled truck accident cases before. An attorney can help you protect your rights and pursue the best possible outcome for your case. Contact our office today to discuss you or your loved one’s case.

• Question: Can I be compensated for my injuries in a commercial vehicle accident in New Jersey?
  • Answer: In New Jersey, if you’ve been injured in a commercial vehicle accident, you may be entitled to compensation for your injuries or loss. Here are some key points to consider:
    • No-Fault Auto Insurance State: New Jersey operates under a “no-fault” auto insurance system. All drivers in the state must carry Personal Injury Protection (PIP)PIP coverage pays for your medical costs related to the truck accident, regardless of who caused the accident, as long as you were in an automobile at the time of the incident.
    • Commercial Vehicle Complexity: Commercial vehicle accidents are more intricate than typical car accidents. Commercial vehicles are held to higher standards, subject to state and federal regulations, and have higher insurance requirements. The Federal Motor Carrier Safety Administration (FMCSA) has specific regulations for commercial vehicles to ensure safe travel. Violations of these regulations can impact compensation. Parties involved in commercial truck accidents may include the driver, driver’s employer, truck owner, truck or car part manufacturer, cargo owner and loader, and truck maintenance company.
    • Immediate Steps After an Accident:

• • 1. 1. Prioritize your medical care.
       2. Call the police and exchange information.
       3. Take pictures of the accident scene and write down your account of events.
       4. Report the accident to your insurance company.
  • Remember that seeking legal advice from an experienced attorney is crucial after a commercial vehicle accident. Call our office today for a consultation.

• Question: What are Common Injuries in Commercial Vehicle Accidents in New Jersey?
  • Answer: Commercial vehicle accidents can result in various injuries, such as:
    1. Traumatic brain injuries
    2. Spinal cord injuries
    3. Broken bones
    4. Whiplash
    5. Internal injuries

Top-Tier New Jersey Tractor-Trailer & Truck Accident Lawyer

If you have been involved in a tractor-trailer/truck accident in New Jersey, you need a lawyer who can protect your rights and interests. You need Brett M Rosen, a skilled, passionate, and local attorney who specializes in criminal defense and personal injury cases. Brett M Rosen has the experience, reputation, and knowledge to handle your case effectively and efficiently. He has been recognized as one of the top criminal defense attorneys of 2023 and has settled close to $1 million of personal injury cases within three months. He also knows the New Jersey legal system and the local courts, and he is available for video conferencing and free consultations. Don’t let a tractor-trailer/truck accident ruin your life. Contact Brett M Rosen today and let him fight for you.