Truck Accident Attorney New Jersey

There is an increasing presence of trucks on American roads. With the boom in the e-commerce sector, the trucking industry is often referred to as the backbone of the U.S. economy. The American Trucking Associations reports that trucks transport around 72.7% of the country’s freight by weight. As per the recent data from the U.S. Department of Transportation, these are the number of carriers registered with the Federal Motor Carrier Safety Administration:

  • 1,102,799 for-hire carriers
  • 718, 594 private carriers
  • 153,191 identified as both for-hire and private carriers
  • 37,718 interstate motor carriers

In 2021, around 8 million people were employed in the trucking industry. As important as the trucking industry is to keep the economy moving, it has a legal responsibility to maintain safety on American roads. However, recent statistics showing the increasing number of truck accidents in the country prove otherwise.

If you have been injured in a truck accident, consider contacting the Sekas Law Group today to learn how the best truck accident attorney can help you with your case. 

Truck Accident Lawyer

truck accidents nj sekas

The National Safety Council defines large trucks to include medium and heavy trucks, both commercial and non-commercial, with a gross vehicle weight rating of over 10,000 pounds but excludes buses and motorhomes. Trucks can include tractor-trailers, flatbed trucks, garbage trucks, trucks used during construction work, tow trucks, and tanker trucks. 

Truck accidents are intrinsically dangerous. The injuries resulting from truck crashes are often catastrophic and fatal. Trucks generally weigh 20-30 times as much as passenger cars and have better ground clearance. The sheer size of the vehicle makes its presence on the road dangerous for other passenger vehicles. 

If a truck driver causes an accident by driving negligently or failing to obey traffic rules, a personal injury lawsuit can be filed against the driver, the employer, or the trucking company for such negligence. 

Research done by the Insurance Research Council shows that a victim is likely to receive 3.5 times more money if they hire an attorney as compared to those who do not have an attorney to guide them. 85% of all the money paid out by insurance companies in bodily injury claims are to those clients who are represented by an attorney.

If you suffered injuries due to a negligent truck driver and are looking for a truck accident injury attorney to help you with your case, contact the Sekas Law Group today. At our truck accident law firm, an experienced truck accident injury attorney will guide you through all the steps of filing a successful personal injury claim.  

Truck Accident Statistics U.S.

Important truck accident statistics that one should know in 2023:

  • In 2020, there were 415,000 police-reported accidents involving large trucks. This means that about 1,100 truck accidents happen daily. 
  • An average vehicle weighs around 2.5 tons. A truck carrying cargo can weigh up to 40-50 tons. Due to their size and weight, trucks need longer stopping distances and longer stopping times. 
  • Most fatal crashes involving large trucks occur in rural areas and interstate highways.
  • The majority of crashes involving large trucks occur on weekdays.
  • The majority of deaths in truck accidents happen to occupants of passenger vehicles. Of all the fatalities resulting from truck accidents in 2020, 68% were occupants of cars and other passenger vehicles, 16 percent were motorcyclists, bicyclists, or pedestrians, and 15 percent were truck occupants. 
  • Since 2010, there has been a 27 percent increase in the number of truck accidents. 
  • 65% percent of on-the-job deaths of truck drivers happen due to truck crashes.
  • Errors by the truck driver are the top cause of truck accidents.
  • By 2030, road crashes are expected to become the fifth largest cause of death in the United States.

These truck wreck statistics are alarming. If you are the victim of a truck accident claim and want to know more about your legal rights, contact our truck wreck lawyers today at (201) 816-1333 or (212) 753-3468 to schedule your consultation. You can also contact us online.

Leading Causes of Truck Accidents

Some of the leading causes of truck accidents include:

Driver Related Causes

Driver errors are one of the top causes of truck crashes. The following can be attributed to a driver’s role in causing a truck accident:

Driver Fatigue

Truck drivers drive for long hours. Sometimes, they even drive beyond the legally ermissible maximum driving hours and do not even take breaks as required under the law. Lack of sleep can lead to poor focus and absence of mind while driving.

Driving Under Influence

DUI laws are stricter for truck drivers. In NJ, it is not allowed under law to operate a commercial vehicle with a BAC (Blood Alcohol Concentration) of 0.04 or more. A DUI conviction can have a negative impact on a driver’s Commercial Driving License (CDL). 

The victims of a drunk-driving truck accident can pursue a personal injury claim against the drunk driver with the help of a truck accident lawyer.

Distracted Driving

Texting, using a cell phone, or speaking on a mobile phone while driving can take the driver’s focus away from the road. A distracted driver is more likely to cause an accident and also less likely to avoid an accident when it is possible to do so. 

Reckless Driving

Sometimes, a truck driver may simply be driving recklessly and with gross negligence. Speeding, ignoring traffic rules, not stopping at traffic signals, and tailgating are all examples of reckless driving.

Lack of Proper Training

If a truck driver is not trained properly or does not hold the required licenses, they may lack the special driving skills needed to operate and control a truck. This can also cause truck accidents.

If you have been wrongfully harmed by a negligent truck driver and are looking for a truck accident lawyer to help you with your case, contact us today. Whether you are looking for a tractor-trailer accident lawyer or a semi-truck accident law firm, our law firm is well-equipped to handle all types of truck accident claims. 

Reasons Not Attributable to a Truck Driver

Improper Cargo Loading

A third-party cargo loading company, the trucking company itself, or the truck driver may be responsible for properly loading and securing the cargo. Improperly loaded cargo or cargo exceeding the permissible weight limits can cause the truck to tip over, roll over while taking sharp turns, fall at high speeds, or require greater stopping time in case of emergencies. 

If a cargo is carrying harmful or inflammable material, special effort is needed under the law to secure them properly. If such toxic material escapes during an accident, the damage and injuries may be more severe. 

Poor Maintenance of The Truck

Trucks need constant maintenance and routine check-ups before they prepare for long distances. If routine maintenance is not carried out, defects in the truck’s parts will not be discovered. Maintenance may be the responsibility of the driver, trucking company, or even a third-party repair company.

Bad Weather or Road Conditions

Poorly maintained roads, confusing road signs, unexpected detours, foggy weather, heavy rains, and icy roads can lead to truck crashes. During such conditions, the driver should operate the truck slowly and more carefully.

Sometimes, the driver may still be held liable for the accident if he was driving negligently even after being aware of any such circumstances. 

Employer Pressure

Sometimes, truck drivers may be under pressure from their employers or trucking companies to drive more, faster, or even carry heavier loads than permitted. However, a truck driver who complies with any illegal orders from their employer may also be held liable along with the employer for causing an accident. 

If you are looking for the best truck accident lawyer who will help you determine the cause of the accident you experienced, contact us today. Our team of lawyers works with experts and professionals who can reconstruct the accident scene with the available evidence to determine who was at fault for your injuries. 

Common Types of Truck Accidents

Some of the most common types of truck accidents include:

Rollover Accidents

When a driver loses control of the truck, it can slide and roll over. Rollovers can happen due to speeding, reckless driving, taking sharp cuts, or hitting another object on the road. Rollovers are extremely dangerous for vehicles driving next to a truck. They can cause the other vehicle to crumple.

Jack-knifing Accidents

When a truck folds in half and begins to form a 90-degree angle with the cab and the trailer, jack-knifing accidents. Braking hard and fast is often the cause of jack-knifing. Due to jack-knifing, trucks can drift into other traffic lanes and even cause road-blocking and cause further accidents.

T- Bone Accidents

Happening majorly at intersections, T-Bone accidents are also called side-impact or broadside crashes. When a truck collides with the side of another vehicle, it creates a T-shape. 

Head-On Collisions

When a truck’s front crashes into the front of another vehicle, head-on collisions happen. Not stopping at red lights, drifting into other lanes, and distracted driving may lead to head-on collisions.

Rear-End Collisions

Trucks need more distance and time to stop. If a truck driver fails to put the brakes on time, rear-end collisions can happen. The smaller vehicle can even get crushed and the passengers in the car can suffer catastrophic injuries.

Other common types of truck accidents include sideswipe accidents, wide turn accidents, underride accidents, blind spot accidents, tire blowouts, cargo spills, and brake failure accidents. 

Whether you are looking for semi-truck accident lawyers or a truck lawyer who deals with other types of truck accidents, contact our versatile truck lawyers at the Sekas Law Group today. 

Injuries From a Truck Accident

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Passengers in smaller vehicles are more vulnerable and prone to serious injuries in truck accidents. These crashes can cause catastrophic and life-altering injuries. Sometimes, the victim may die on the spot or succumb to the injuries later. 

Some of the common injuries resulting from truck accidents include:

  • Neck and back injuries
  • Spinal cord injuries
  • Head and traumatic brain injuries
  • Loss of limbs
  • Internal organ damage
  • Burns, lacerations, cuts
  • Broken bones
  • Loss of hearing, vision, or speech
  • Wrongful death

If not treated on time, these injuries can lead to further health problems in the future. Therefore, it is important to seek the rightful compensation you deserve so that you do not have to compromise on your recovery due to monetary reasons. If you are thinking about hiring the best truck accident lawyer who will help you recover fair compensation for your injuries, contact us today for a free consultation. 

Rules and Regulations Governing Truck Drivers

Truck drivers and trucking companies are subject to strict state and federal rules and regulations. A violation of these laws can make a strong point to prove negligence in a personal injury claim. Some examples of these rules set by the Federal Motor Carrier Safety Administration and the NJ FMCSR are:

  1. To get a CDL, the applicant must:

    • Be a U.S. Citizen or a Lawful Permanent Resident
    • Be above 18 years of age
    • Be above 21 years of age to drive hazardous materials
    • Have a basic Class D license
    • Be physically fit
    • Have a minimum of 20/40 eye vision in each eye (with or without sunglasses)
    • If applicable, submit a medical examiner's certificate
  2. Truck drivers must maintain a daily log book as per the applicable laws recording their hours of duty.
  3. The start of the work shift can happen only after first taking 10 consecutive hours off duty. 
  4. A driver may drive only during the 16 hours following the 10 consecutive hours after coming on duty.
  5. During these 16 hours, a driver may drive a maximum of 12 total hours.
  6. A driver may not drive for more than 8 consecutive hours without taking a 30-minute rest break.

Both truck drivers and trucking companies can be held liable for breaking any of these laws. If during the investigation it is found that any of these requirements were not met by the driver, such a breach can go towards proving negligence on part of the driver or the employer.

If you are looking for a truck accident lawyer who will help you determine if the other driver violated these rules and regulations, contact the Sekas Law Group today.  

Trucking Insurance Requirements 

All vehicles whether commercial or personal, are required to carry auto liability insurance coverage. Truck drivers or trucking companies are required to carry uninsured motorist coverage, personal injury protection, and liability coverage. The insurance requirements may vary depending on the vehicle size, vehicle type, type of freight carried, and whether the travel is interstate or intrastate. 

Some minimum insurance requirements for intrastate truck drivers are:

  • $750,000 for general freight
  • $1,000,000 for oil transport
  • $5,000,000 for hazmat
  • $300,000 for household goods
  • $5,000 per vehicle or $10,000 per catastrophe for household goods movers.

Determining Liability in a Truck Accident: How a Truck Lawyer Can Help?

“Who will pay me compensation for the injuries?”, is generally the first question that comes to a victim’s mind after getting injured in a truck accident. Determining who is at fault for the truck crash is a complicated multi-step process. Multiple parties are often involved in the accident and determine who will bear the financial responsibility for the accident is challenging. 

While it is easy to show that there was some kind of negligence that caused the accident, determining and proving who was negligent and can be held liable for the accident is difficult. To prove negligence and hold a party liable for the truck accident, it must be shown that:

  • The liable party owed a duty to act with “reasonable care” or operate with a certain “standard of care.”
  • That such duty was breached by the liable party.
  • That the damage and injuries suffered by the victim were a result of such failure to act reasonably.

For example, a trucking company outsources the repair of its trucks to a repair company and pays them for their service. Now, the truck repair company has the responsibility to point out existing defects in the truck to the trucking company. If the repair company fails to do so and as a result, the driver operates the truck with faulty parts, it is a breach of its duty to act reasonably. If any accident is caused due to such defects in the truck, the repair company can be held liable for negligence. 

On the other hand, even if the truck was being operated with defective parts, if the accident was caused due to the victim’s negligence, such as not stopping at the red light, then no or only partial damages may be recoverable. 

Sometimes, more than one party can be held liable for the accident. In such cases, the damages may be proportionately recoverable from both parties depending on the contribution of their fault in the accident. If the victim was also at fault, the damages will be recovered in

accordance with the modified comparative negligence rule. 

Who Can Be Held Responsible for a Truck Accident: Getting Help From a Truck Lawyer

To determine who can be held liable for the accident, a comprehensive investigation into the cause of the accident is needed. Generally, the following parties can be held responsible for a truck accident:

Truck Driver

If the driver was distracted, fatigued, speeding, or just being reckless, he or she can be held liable for the accident. 

Trucking Company

If the negligent driver was employed by a trucking company, then the company can also be held liable under the doctrine of “respondent superior.” If the truck driver is an independent contractor, the trucking company may be made liable only if it can be proved that the company exercised management and supervision over the driver. 

Truck/ Truck- Parts Manufacturer

If the accident was caused due to some fault in the truck or due to a defective part in the truck, then the respective manufacturer will be held liable for the accident. 

Cargo Company

In most cases, trucking companies hire another company for cargo loading and unloading. If the accident was caused by improperly loaded or poorly secured cargo, then such a company can be made liable to pay compensation. If the company fails to inform the driver about hazardous material in the cargo, then also it can be held liable if an accident occurs and the hazardous material escapes.

Repair/ Maintenance Company

If the trucking company or truck driver outsourced the repair and maintenance work to another truck maintenance company, then such a company can be made liable for accidents resulting from poor maintenance. 

Evidence Used In a Truck Accident

A complex set of evidence is analyzed in a truck accident claim by an injury lawyer to determine fault. It must be shown to the jury and the insurers how the available evidence points to the negligence of the liable party:

  • Medical records
  • Police report
  • Traffic camera footage, photos, and other evidence from the accident site
  • Expert testimony
  • Witness testimony
  • Truck driver’s log book
  • Black box data
  • GPS data
  • Maintenance records
  • Cargo documents including the bill of lading, dispatch and delivery documents, and weight tickets
  • Alcohol and drug test
  • Phone records
  • Driver’s licensing and training qualifications

Black Box Data

Data retrieved from a black box can act as strong evidence. Generally, the black box in a commercial truck records the following types of information:

  • The average or usual driving speed
  • The driving speed before the accident
  • If brakes were applied immediately at the time of the accident
  • Truck activity logs
  • GPS location of the truck
  • Deployment of airbags at the time of the accident
  • How and when the steering wheel was moved around the accident time
  • If the driver was wearing a seatbelt
  • If the driver used cruise control moments before the accident happened
  • How long the driver was driving before the accident
  • Oil levels and tire pressure 

Different trucks have different types of black boxes and the data recorded by them may differ. Sometimes, parties may not cooperate to provide the black box data easily. Further, expert testimony is required to reconstruct the accident scene by combining information from the black box and other evidence available. 

With the help of a truck accident attorney, victims can use the black box data to build a strong case against the at-fault party. A truck injury attorney will work with an expert to decode the data retrieved and evaluate the reason for your accident. 

Dealing with Insurance Companies After a Truck Accident: How a Truck Lawyer Can Negotiate?

Insurance companies deal with truck accident victims regularly. They know the ins and outs of dealing with a truck accident compensation claim. They know the points they can press to reduce the pay out to the victim or completely deny liability. Sometimes, soon after a truck accident, insurance adjusters will call the victim and offer a quick settlement. 

However, the fact that they are ready to offer a quick settlement without any negotiations shows that they know that they are liable to pay. But in most cases, a quick settlement is never a fair settlement. In fact, it is way lower than what a victim might receive if a truck injury attorney negotiated on their behalf. 

If a victim accepts a quick settlement offered by the insurance company, it will likely be a full and final payment to the victim. The settlement terms will forbid any further legal action by the victim for the same case. Therefore, it is important to create a level playing field when dealing with insurance companies. They take the claim more seriously when they see a lawyer by the claimant’s side. 

If you have suffered injuries in a truck wreck and are wondering, “How will I find the best truck accident lawyer near me who will negotiate with the insurance companies on my behalf?”, contact the Sekas Law Group Today. At our law firm, a truck injury lawyer will negotiate tactfully and aggressively on your behalf to help you get the maximum compensation you deserve. 

How Long Will a Truck Accident Case Take to Settle

All truck accident cases are unique and there is no standard timeline that applies to all cases equally. The final pay out may take anywhere between a few weeks to a few weeks or even up to 4 years if the case goes to trial. However, the length of the settlement period should not deter the victim from claiming the rightful compensation, even if the case needs to go to trial. 

Some of the factors that impact the settlement timeline in a truck accident claim include:

Availability of Evidence

If strong and convincing evidence is available to show fault, claiming compensation from the negligent party becomes easier. In such cases, the settlement happens relatively quickly. Insurance companies know that they are liable to pay. They are aware that if they deny a fair settlement and the case proceeds to trial, they will incur extra costs.

With a truck injury lawyer by your side, you can ensure that you collect the best evidence possible in a timely manner. 

Number of Parties

If the fault is attributable to only one negligent party, then the settlement may happen more quickly. However, if the fault is attributable to more than one negligent party, or if the victim was also partly at fault, then it takes time for parties to agree on the share of fault of each party. Parties often try to shift blame to reduce their liability to pay.

Determining the contributory negligence of each party and acceptance of liability takes more time in such cases. With the help of a truck crash lawyer, the victim can speed up the process of finding out who the responsible parties are. 

Severity of Injuries

If the injuries are grave or catastrophic in nature, then the claimant deserves larger settlement offers. If long-term care or therapies are needed for the victim to recover, then the compensation claimed will be greater. However, in such cases, insurance companies try hard to reduce the amount they are liable to pay and the settlement takes longer to happen.

With the help of a truck crash lawyer, victims can claim the rightful amount they deserve as compensation for their severe injuries. 

Correct Legal Strategy

Devising the correct legal strategy from the beginning of the case ensures that the case proceeds smoothly and swiftly. With the help of a truck accident lawyer, the right evidence is collected at the right time, the negotiations happen aggressively and seriously, and the legal formalities are taken care of. All this ensures that the compensation payment does not get delayed unnecessarily. 

If you have been involved in a truck accident and are wondering “Where can I find the best truck accident attorney near me?”, contact a truck accident lawyer at our law firm today. Whether you are looking for a semi-truck accident attorney or a commercial truck accident attorney, our law firm has a team of experienced truck lawyers who work hard collectively to ensure that your case proceeds swiftly right from the beginning. 

Types of Compensation Awarded in a Truck Accident Claim

Victims of a truck accident can claim economic, non-economic, and punitive damages from the negligent party. Economic damages are quantifiable and are awarded for the financial loss incurred by the victim. Non-economic damages are awarded for the loss that cannot be quantified. Punitive damages are awarded rarely in cases of gross negligence.

Those injured in a truck accident can claim compensation for:

  • Present and future medical expenses including hospital bills, therapy costs, X-ray costs, medicine costs, and medical equipment costs.
  • Lost wages due to missed days at work
  • Future loss of income
  • Permanent or temporary disablement, permanent disfigurement, loss of limb
  • Loss of an unborn child
  • Pain and suffering
  • Loss of companionship
  • Loss of enjoyment of life

No-Fault Insurance System

New Jersey is one of the select states that follows a “no-fault insurance” system. This means that under the law, all drivers must have their own Personal Injury Protection (PIP) insurance. The victim of a truck accident will have to first file a compensation claim with his or her own auto insurance company. The amount that will be awarded will depend on the policy limit.

However, truck accidents cause greater damage and severe injuries. Sometimes, this award may not be enough to compensate for the loss suffered by the victim. In such cases, the victim can pursue a claim against the at-fault party’s insurer.

What To Do After a Truck Accident

After getting injured in a truck accident, the victim may get overwhelmed by the injuries and damage sustained. One must consider taking the following steps after a truck collision:

Seek Medical Attention

Victims should seek medical treatment as soon as possible. Even if there are no visible injuries, the impact of a truck accident can often cause internal injuries.

File a Police Report

It is very important to file a police report immediately after the accident. A police report records all the important details of the accident. It acts as an important piece of evidence when a compensation claim is filed by the victim.

Collect Information

Take photos and videos at the accident scene. Remember the exact location and time of the accident. If possible, the victim should try to get information about the other driver. One can ask for the name, address, contact number, employer name, type of truck, and what the truck was carrying at the time of the accident. 

If there are any witnesses at the accident scene, try to get their contact information as well. If you notice any cameras around the accident scene, try to remember where the cameras were located.

Gather and Preserve Evidence

Take pictures of your injury and safely preserve the accident-related photos and videos on your phone. Preserve all the medical and hospital bills. Record the days you missed work and why you missed work. Note down the impact of the injuries on your daily life.

Contact an Attorney

To ensure that a victim gets the justice he or she deserves, it is best to hire an attorney after getting injured in a truck accident. Having an attorney ensures that you collect the best evidence possible and negotiate the maximum and rightful settlement. If a rightful settlement is not offered, an attorney is also prepared to go to court on your behalf. 

How a Truck Accident Claim Works: Filing a Claim With The Help of a Truck Injury Lawyer

medical claim truck accident law firm

Generally, the following steps are involved in filing a truck accident claim:


Like any other case, the first step in filing a truck accident claim is to investigate the facts of the accident. How, when, and where the accident happened is usually investigated at this stage. 

However, investigating a truck accident case is tricky and convoluted. A forensic examination of the case is done to reconstruct the accident scene and determine the cause. After determining what evidence is required, evidence is requested and collected from multiple parties. If any party denies providing or does not cooperate in the evidence collection process, legal processes can be used to request evidence from such parties.

Evaluating Who Caused the Accident

Based on the evidence collected and the investigation is done, it is then determined who was at fault and who acted negligently. It is then determined if such negligence caused the accident. While driver negligence is common in most truck accident cases, it may not be the only cause of the accident.

Poor maintenance, defects in the truck, poorly loaded cargo, bad weather, and poor roads may also have caused the accident.

Determining Who Will Be Liable to Pay Compensation

Once an attorney decides who or what caused the accident, it will be determined who the specific party or company is against whom the claim will be filed. It may be the truck driver, the trucking company, the repair company, the cargo company, or another party based on the facts of the case.

Calculating The Damages From The Accident

Once it is determined who will be sued for damages, the next step is to calculate the number of damages or financial losses suffered by the victim. The compensation claim will be based on this amount. Medical expenses, loss of income, and pain and suffering are some of the factors considered while calculating the amount.

Filing a Personal Injury Claim

A formal claim is then filed with the insurance company. A demand letter stating the settlement amount is sent to the insurer by an attorney.

Negotiations and Settlement

Once a demand letter is sent, the insurance company may either agree to pay the stated amount or negotiate with the victim and his or her attorney. In most cases, insurance companies never agree to pay the amount as stated and instead, initiate the negotiation process. If an amount is agreed upon between all the parties, a settlement is signed.

Filing a Lawsuit

If the parties are unable to settle or if the victim believes that the amount offered is too low, a personal injury lawsuit can be filed and the case proceeds to trial. 

New Jersey Statute of Limitations 

Under the state's statute of limitations, an injured person has a time period of two years from the accident date to file a personal injury claim. However, this does not mean that the victim should wait till the last moment to file a case.

Any unnecessary delay on the victim’s part may hint to the jury or the insurance company that he or she is not serious about pursuing the claim. Further, complex evidence needs to be collected in a truck accident claim. It might become difficult to collect evidence after a few weeks or months have passed after the accident.

New York City Metropolitan Truck Accident Attorney

The financial burden, physical pain, and mental trauma resulting from a truck accident can leave anyone disturbed and frustrated. If you are the victim of a truck crash and are looking for a truck accident lawyer to help you understand your legal options, contact our truck accident law firm for a free consultation. 

At the Sekas Law Group, our team of experienced and compassionate commercial truck accident lawyers, 18 wheeler accident lawyers, tractor trailer accident attorney, and semi-truck accident lawyers work closely with the victims of truck accidents to help them understand their legal rights and file a claim on their behalf.

With offices in Englewood Cliffs and Nutley, NJ , and Manhattan, New York, our truck injury attorneys serve clients throughout Bergen County, Middlesex County, Essex County, Monmouth County, Passaic County, Union County New York City Metropolitan area. With multiple years of experience in handling different types of truck accident claims and dealing with numerous insurance companies, we are ready to fight for the maximum settlement for your injuries. Contact us today by filling out this form or call us at (201) 816-1333 or (212) 695-7577 to know more about how a truck lawyer can help you with your case. 

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