Truck Accidents

Truck accidents can cause catastrophic injuries and life-altering consequences for drivers, passengers, and pedestrians. Time is critical after a crash—working with a skilled Truck Accidents Attorneys at Sammarro & Zalarick, P.A. can make the difference between a low settlement and the full compensation you deserve.

Truck accidents are a serious and growing concern across New Jersey. Despite improvements in road safety measures, accidents involving large trucks continue to cause significant injuries, property damage, and fatalities each year. Understanding where and how these accidents occur can help drivers remain alert and safe on the roads.

According to data from the New Jersey State Police and the U.S. Department of Transportation, the number of truck accidents has fluctuated over the past few years. Although there was a decrease in the total number of truck-related crashes, fatalities have unfortunately risen. High-traffic highways such as the New Jersey Turnpike (I-95) and major routes like U.S. Route 1 continue to be hotspots for severe accidents involving large commercial vehicles.

Winter weather also plays a major role in increasing the risk of truck accidents. Snow and icy road conditions are significant contributing factors, particularly in North Jersey counties like Bergen, Middlesex, and Union.

Understanding these trends emphasizes the need for ongoing caution, regulatory enforcement, and awareness when sharing the road with large trucks.

Key Truck Accident Facts in New Jersey:

Total Truck and Bus Accidents: Over 2,700 truck and bus accidents were reported statewide in 2023.

Truck Accident Fatalities: Fatal truck accidents increased, with 88 deaths recorded in 2021

High-Risk Counties: Middlesex, Bergen, Union, Essex, and Hudson counties report the highest truck accident rates

Most Dangerous Roads: I-95 (New Jersey Turnpike) and U.S. Route 1 are among the most accident-prone highways.

Weather Impacts: Snow and ice were factors in approximately 35% of fatal truck accidents between 2017 and 2021

Truck accidents in New Jersey are influenced by a combination of driver behavior, vehicle conditions, and environmental factors. Understanding these causes is crucial for prevention and for those seeking legal recourse after an incident.

Driver-Related Factors

Decision Errors: Approximately 38% of large truck crashes are attributed to driver decision errors, such as driving too fast for conditions or following other vehicles too closely.

Recognition Errors: About 28% of crashes involve recognition errors, including driver inattention or distraction.

Non-Performance: Instances where the driver fell asleep, was disabled by a medical event, or was otherwise physically impaired account for roughly 12% of crashes.

Vehicle-Related Factors

Brake Problems: Brake issues are a significant factor in truck accidents, often resulting from inadequate maintenance or mechanical failure.

Cargo Shift: Improperly secured cargo can shift during transit, leading to loss of vehicle control and accidents.

Environmental Factors

Roadway Conditions: Poor road conditions, such as potholes or inadequate signage, contribute to a portion of truck accidents.

Weather Conditions: Adverse weather, including rain, snow, and fog, can impair visibility and road traction, increasing the risk of accidents.

At Sammarro & Zalarick, P.A., our experienced truck accident attorneys understand the unique challenges involved in pursuing a truck accident claim in New Jersey. Trucking companies and drivers are often covered by multiple layers of insurance, including general liability, accident insurance, and hazardous materials coverage. The involvement of several insurers can make it complicated to determine responsibility and secure full compensation.

Insurance companies often attempt to shift blame and delay payments, making it even harder for accident victims to recover what they are owed. With Sammarro & Zalarick, P.A. on your side, you will have a legal team that knows how to navigate these complex insurance issues and aggressively advocate for a fair and just settlement on your behalf.

If you are injured in a truck accident in Bergen County, your first priority must be your health and safety. Even if you feel fine immediately after the collision, it’s critical to seek prompt medical attention. Truck accidents often cause serious injuries that may not become apparent until hours or even days later. A complete medical evaluation will help protect your well-being and provide crucial documentation for any future claim.

After addressing your medical needs, the next step is to report the accident to local law enforcement. Filing a police report creates an official record of the incident, which is essential if you need to pursue compensation later. If you are physically able, try to gather evidence at the scene. This includes taking photographs of all vehicles involved, capturing road and weather conditions, noting skid marks, collecting witness information, and exchanging details with the truck driver.

Truck accidents involve complex legal issues, including multiple insurance policies and federal and state transportation regulations. That’s why it’s critical to consult with an experienced truck accident attorney in Bergen County as soon as possible. A knowledgeable lawyer can guide you through the complicated claims process, negotiate with insurance companies, and help ensure that your rights are protected at every stage.

Retaining legal counsel early can make a significant difference in building a strong case. An attorney will work to preserve important evidence, investigate liability, and pursue maximum compensation for your medical bills, lost wages, pain and suffering, and other related losses.

Determining who is responsible for a truck accident in Bergen County often involves a complex investigation. Multiple parties beyond the truck driver may share liability, depending on the specific facts of the accident.

The Trucking Company

Trucking companies are frequently held accountable when they fail to properly train their drivers, maintain their fleet, or comply with federal and state safety regulations. Poor hiring practices, inadequate supervision, and pressure to meet unrealistic delivery schedules can also contribute to accidents, making the company legally liable.

Truck and Parts Manufacturers

If a defect in the truck or one of its components—such as faulty brakes, tires, or steering systems—caused or contributed to the crash, the manufacturer may be held responsible. Product liability laws allow injured parties to seek compensation when a defective vehicle or part directly leads to an accident.

Cargo Loading Companies

Cargo must be properly loaded and secured to prevent shifting that could destabilize the truck. If improper loading, overloading, or failure to secure cargo caused the truck to jackknife or overturn, the company responsible for loading the truck may be liable for resulting damages.

Government Entities

If a dangerous road condition—like a massive pothole, missing signage, or poor roadway design—contributed to the crash, the local, county, or state government responsible for road maintenance could be partially at fault. Special procedures and deadlines often apply when pursuing claims against government entities.

Each of these parties owes a duty of care to ensure that truck operations do not endanger others on the road. Failure to meet these obligations can result in shared or sole liability for a truck accident. Because these cases often involve complex layers of liability, federal trucking regulations, and aggressive insurance defenses, consulting with an experienced truck accident attorney in New Jersey is critical to building a strong case.

If you have been injured in a truck accident in Bergen County, New Jersey, you may be entitled to recover a wide range of damages to compensate for your losses. These damages typically fall into three main categories: economic, non-economic, and, in some cases, punitive damages.

Economic Damages

Economic damages refer to the direct, measurable financial losses you have suffered as a result of the accident. These can include:

• Medical expenses (emergency care, surgeries, physical therapy, future medical costs)
• Lost wages and lost future earning potential
• Costs of repairing or replacing your vehicle and other property
• Other out-of-pocket expenses related to the accident

Proper documentation, including medical bills, pay records, and repair estimates, is crucial to support your claim for economic damages.

Non-Economic Damages

Non-economic damages are intended to compensate you for intangible losses that are harder to quantify but just as significant. These may include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of companionship or consortium

Because non-economic damages are subjective, they often require careful presentation of evidence, including medical evaluations and personal testimony, to demonstrate the impact on your quality of life.

Punitive Damages

While less common, punitive damages may be awarded in cases where the defendant’s conduct was especially reckless, malicious, or egregious. Punitive damages are designed not to compensate the victim directly, but to punish the wrongdoer and deter similar behavior in the future.

Yes, there is a strict time limit—known as the statute of limitations—for filing a personal injury claim after a truck accident in Bergen County and throughout New Jersey. Generally, victims must file a lawsuit within two years from the date of the accident. Failing to file within this period can permanently bar you from seeking compensation for your injuries, medical expenses, lost wages, and other related damages.

There are, however, exceptions to this general rule. For example:

• Minors: If the injured party is under the age of 18, the statute of limitations typically does not begin until they reach the age of majority (18 years old).
• Claims Against Government Entities: If your truck accident involves a municipal, county, or state government (such as for poor road maintenance or hazardous conditions), you must file a formal notice of claim within 90 days of the accident, under the New Jersey Tort Claims Act.

Because these deadlines are strict and exceptions are limited, it’s crucial to act quickly. Consulting with an experienced truck accident attorney as soon as possible after the accident ensures that your rights are preserved and that all necessary steps are taken before critical deadlines expire.

Building a strong truck accident case in Bergen County requires gathering and preserving critical evidence that can establish liability and support a claim for compensation. The more thorough the evidence, the stronger the case will be against the responsible parties.

Key Types of Evidence Include:

Police Accident Reports: Official reports prepared by responding officers document the scene, potential traffic violations, witness accounts, and sometimes initial determinations of fault. They serve as an important starting point in legal proceedings.

Eyewitness Testimony: Statements from people who saw the accident happen can provide valuable, independent perspectives on how the crash occurred and who was at fault.

Photographs and Videos: Visual evidence from the scene—including damage to vehicles, road conditions, weather, traffic signs, and skid marks—can vividly demonstrate the circumstances surrounding the accident.

Medical Records: Comprehensive documentation of your injuries and the treatment received is essential for proving the extent of physical harm and justifying claims for medical expenses, pain and suffering, and future care needs.

Truck’s Event Data Recorder (EDR or “Black Box”): Many commercial trucks are equipped with devices that record speed, braking, steering, and other data at the time of the crash. This data can provide objective insights into the truck driver’s behavior and the vehicle’s performance during the accident.

Driver’s Logs and Employment Records: These documents can reveal whether the truck driver was in compliance with federal Hours of Service regulations, whether they were properly trained, and if there were any prior safety violations.

Cargo and Maintenance Records: In accidents caused by overloaded or improperly secured cargo—or by mechanical failures—these records can establish additional negligence by third parties, such as cargo loading companies or maintenance providers.

Expert Testimony: Accident reconstruction experts, medical specialists, and industry experts can analyze the evidence and provide professional opinions on causation, the severity of injuries, and long-term impacts on the victim’s life.

Collecting and preserving this evidence early is crucial, as trucking companies and their insurers often act quickly to protect themselves. Working with an experienced truck accident attorney in Bergen County ensures that no vital evidence is lost and that a strategic, evidence-based case is built to maximize your chances of full and fair compensation.

Yes, in many truck accident cases in Bergen County, you can sue the trucking company for damages. Under the legal principle of vicarious liability, an employer can be held responsible for the actions of its employees if the accident occurred within the scope of their employment. This means that if a truck driver causes an accident while performing job-related duties, the trucking company may be financially liable.

Additionally, trucking companies can be directly liable for their own negligence. Common grounds for direct liability include:

• Failing to properly maintain trucks and equipment
• Hiring drivers with a history of safety violations or substance abuse
• Violating state and federal trucking safety regulations
• Failing to properly train or supervise drivers

Pursuing a claim against the trucking company can often result in higher compensation, as these companies typically carry larger insurance policies than individual drivers. However, trucking companies are well-defended and may attempt to argue that the driver was an independent contractor or claim that the driver’s actions fell outside the scope of their employment to avoid liability.

Because of these tactics and the complexity of trucking regulations, it’s critical to work with an experienced truck accident attorney. A knowledgeable lawyer can conduct a thorough investigation, identify all liable parties, challenge the trucking company’s defenses, and build a strong case to secure the full compensation you deserve.

After a truck accident in Bergen County, it’s not uncommon for the trucking company’s insurance provider to quickly offer a settlement. While it might seem tempting to accept an early offer—especially if you’re facing mounting medical bills and lost income—it’s important to approach these offers with extreme caution.

Insurance Companies Often Prioritize Their Interests

Insurance companies are businesses focused on minimizing payouts. Their goal is often to settle claims quickly and for as little money as possible. Early settlement offers are usually made before the full extent of your injuries, future medical needs, or lost earnings potential are even known. Accepting an offer too soon could leave you without enough compensation to cover long-term costs associated with your injuries.

You May Not Yet Understand the Full Value of Your Claim

Truck accident injuries are often severe and may require extensive treatment, rehabilitation, or even lifelong care. Until you have fully evaluated the medical, financial, and emotional impact of your injuries, it is difficult to accurately calculate the value of your claim. Future lost earnings, ongoing pain and suffering, and future medical expenses must all be considered before accepting any settlement.

Settlement Offers Typically Require You to Waive Your Rights

When you accept a settlement offer, you usually must sign a release of liability. This means you cannot pursue additional compensation in the future, even if new medical problems related to the accident emerge. Accepting a low offer without fully understanding your rights can have lasting consequences.

Key Reasons to Consult an Attorney Before Accepting an Offer:

• An experienced truck accident attorney can accurately assess the true value of your case.
• They can negotiate with the insurance company to pursue a higher settlement that fully compensates you.
• They can advise you on whether litigation is a better option based on the facts of your case.
• They protect you from tactics used by insurance companies to reduce their financial responsibility.