New Jersey is a “no fault” insurance state and damages are often paid from a victim’s own insurance policy.
Many of the United States Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) regulations focus on the driver through hours worked, licensure and training requirements, and CDL record review including periodic medical screening, in addition to drug and alcohol testing. Newark’s roadways are heavily used and encounter significant traffic as a transport hub and traffic overflow from the New York metropolitan traffic. Commercial truck accidents frequently occur on the busy highways of New Jersey resulting in catastrophic injury and death. Truck accident victims may ask themselves “Where can I find attorneys near me?” when they need guidance to identify at fault parties after an accident causes harmful loss.
Truck accident lawyers are skilled at identifying additional parties to an accident claim, separate from the truck driver, including trucking companies, mechanics, or manufacturers of a truck and/or parts, and understand the trucking industry and relevant regulatory laws. They can determine the best legal approach to individual cases such as mediation, arbitration or going to trial.
No fault state
New Jersey is a “no fault” insurance state and damages are often paid from a victim’s own insurance policy reducing wait times and expediting the process of receiving necessary medical treatments and repairs to property. New Jersey follows the modified comparative negligence standard and sets the limit at 50%. If the plaintiff can show that a particular defendant was at least 60% responsible, the plaintiff can recover the full amount of damages from that party. Timely action after a truck accident may enable accident victims to secure the proper information necessary to initiate a legal claim when no fault insurance policy limits are not enough to pay expenses related to the accident.
Review insurance policy
A Newark truck accident lawyer will be able to assist by reviewing a policy and taking next steps toward comprehensive damage recovery. Their detailed understanding of the trucking industry and relevant regulatory laws allow them to choose the best legal approach to individual cases such as mediation, arbitration or going to trial. When a truck driver is found to be at fault for an accident, the victim’s ability to file a claim in New Jersey depends on whether their insurance policy falls under one of two categories: “Limitation on Lawsuit” or “No Limitation on Lawsuit.” If an accident victim has insurance with no limitation, they can set up a claim for any injuries from the truck accident regardless of the severity of the injury. If an accident victim has a limitation on their policy, death, loss of limbs, broken or fractured bones, loss of an unborn child and any permanent injury reported by medical providers must be supported to make a claim, separate from scarring/disfigurement claims.
Recoverable damage loss
Hire an experienced Newark accident lawyer to utilize federal and state law to build a case to access an award for compensatory damages include economic losses for present and future lost wages, medical bills, future medical care, household expenses and non-economic loss for pain and suffering, mental anguish and loss of consortium, or companionship. Punitive damages are awarded to punish negligent individuals to deter future similar acts. New Jersey law allows punitive damages in cases where harm and intent are proven in an amount up to five times the total of compensatory damages, or $350,000, whichever is greater
- New Jersey Statutes | Title 39 – MOTOR VEHICLES AND TRAFFIC REGULATION | Casetext