Accidents involving bobtail trucks in New Jersey can result in significant damage to property, severe injuries, or even fatalities due to the size and weight of these vehicles.
If you find yourself involved in a bobtail truck crash, multiple parties may be liable or vicariously liable for your injuries and other damages. Identifying the liable party and determining claim value can be challenging in a truck accident claim.
A New Jersey truck accident lawyer with a thorough understanding of the Federal Motor Carrier Safety Administration (FMCSA) rules and regulations and New Jersey state laws governing trucking companies and truck drivers can help you by investigating the accident, reviewing the trucking company’s insurance policies, and assessing your unique situation to decide which damages are available to you.
What is a Bobtail Truck?
A bobtail truck refers to a truck without a trailer attached to it. Large truck cabs without a cargo trailer attached to them are a common sight on New Jersey highways. Bobtailing occurs when truck drivers are headed out to pick up a trailer or after they have dropped off a trailer. Bobtail truck accidents can result from negligence by trucking companies and their drivers.
Negligence Of Trucking Companies
- Allowing or encouraging drivers to violate the hour and sleep rules
- Encouraging reckless driving for the sake of company profits
- Poor vehicle maintenance
- Not training drivers to operate trucks without a trailer attached
Truck Driver Negligence
- Distracted driving
- Driving under the influence of drugs or alcohol
- Speeding
- Failure to obey traffic signals or rules
- Not complying with the FMCSA hours of service regulations
Why Is Bobtailing Dangerous?
Large commercial trucks have a higher center of gravity, making them more susceptible to rolling over. Bobtail truck rollover accidents occur when a vehicle flips over onto its roof or side. This type of accident can cause very severe injuries, as the side and top of a truck aren’t built to absorb a huge impact.
Rear-end collisions involving bobtail trucks are common. This type of accident occurs when a truck hits the vehicle in front of it. This collision may occur due to the bobtail truck driver’s inability to stop in time, often because of speeding, inexperience, distracted driving, or poor road conditions.
Bobtail trucks can also cause underride and override accidents. An underride crash happens when a smaller vehicle slides underneath a truck. An override accident occurs when a truck drives up and over a smaller car but does not crash into it.
The financial implications of bobtail truck accidents can be devastating. Medical bills, rehabilitation costs, property damage, and lost wages can add up rapidly leaving victims and their families in financial upheaval. Navigating the legal processes in a truck accident case can be overwhelming without the assistance of an experienced attorney.
Who Is Liable for an Accident Involving a Bobtail Truck in New Jersey
Multiple parties along with their insurers can get involved in a Jersey City truck accident claim. Bobtail truck accidents often involve negligence on the part of:
- The truck driver
- The trucking company
- The truck manufacturer
- Truck maintenance professionals
- Passenger vehicle drivers or other road users such as pedestrians, motorcyclists, bicyclists, and buses
- Loaders and shippers
- Government entities
The trucking industry is one of the most heavily regulated sectors of the US economy. The Federal Motor Carrier Safety Administration (FMCSA) is the federal agency that sets and implements rules and regulations for the trucking industry to keep American highways safe. Regulations include requirements to carry minimum liability insurance, Hours-of-Service, driver qualifications, vehicle maintenance, and transportation of Hazardous Materials.
New Jersey follows a modified comparative fault system. Assigning fault in Jersey City bobtail truck accident cases is often a complex process. An individual cannot recover compensation if their fault in the accident exceeds 50%. If more than one party is responsible for the victim’s injuries, each party will be responsible for compensating the victim based on their percentage of fault. If the victim bears some fault, their compensation is reduced by their percentage of fault.
Determining liability and identifying liable parties are complicated tasks that bobtail accident victims should entrust to a seasoned truck accident attorney.
Involved in a Bobtail truck Accident in New Jersey? Contact Omni Injury
The law does not require trucking companies to maintain driver records and preserve black box data indefinitely.
If you or a loved one has suffered injuries in a truck accident in Jersey City, seek legal guidance and legal representation from Omni Injury and Accident Law immediately. Contact our lawyer to schedule a free and confidential case consultation, or call us now at +1 646-736-4184.