The damage can be catastrophic when a crash involves a large commercial vehicle. Victims are left trying to recover from serious injuries, deal with a wrecked vehicle, and figure out how to cover medical bills that keep piling up. And in the middle of all that chaos, there’s often one big question: who’s actually at fault? The driver? The manufacturer? Maybe even the cargo loaders. Truck accident cases are rarely simple.
That’s why it’s so important to get an experienced Jersey City truck accident lawyer involved right away. The sooner you reach out, the faster your legal team can secure critical evidence and protect your right to fair compensation. Time matters in these cases, and the longer you wait, the harder it becomes to build a strong claim.
Determining Who’s Liable for a Truck Accident
Liability in truck crashes is almost never simple. In fact, most trucking accident lawsuits involve multiple parties, all pointing fingers in different directions.
From the truck driver to the company that packed the cargo, each player might carry some share of responsibility.
That’s why it’s essential to know where to look. A thorough investigation can uncover the exact sequence of events, pinpoint causes, and reveal everyone who failed in their duty of care.
The Truck Driver:
Drivers are the first ones people think of after an accident, and for good reason. If there’s truck driver negligence – distracted driving, driver fatigue, or speeding – the driver can absolutely be held liable.
Failure to follow hours of service rules set by the Federal Motor Carrier Safety Administration (FMCSA), logging false entries in logbooks, or tampering with the electronic logging device can all point to negligent behavior. When a driver fails to act responsibly, they put everyone on the road at risk.
Trucking Company:
You can sue a trucking company if their actions (or inactions) contributed to the crash. This can include hiring unqualified drivers, failing to provide proper training, ignoring safety regulations, or pressuring employees to meet unrealistic delivery schedules.
Skipping routine maintenance or violating federal guidelines can also point to company negligence.
Under the legal doctrine of respondent superior, an employer can be held liable for a driver’s negligent actions if the crash happened while the driver was doing their job, like making deliveries or driving a scheduled route.
Proving this opens the door to a stronger compensation claim and helps hold the company accountable for unsafe practices, not just the driver behind the wheel.
Owner of the Truck or Trailer:
Sometimes, the person or entity who owns the truck isn’t the one driving it. The truck owner is still responsible for routine vehicle maintenance, inspections, and compliance with safety regulations. If they neglected these duties and the truck caused an accident, they can absolutely be named in the lawsuit.
It’s common to see commercial vehicles that are leased or owned by different companies than the ones operating them. Don’t overlook the owner’s responsibilities, since they may be the missing link in your case.
Cargo Loaders and Shipping Companies:
Improperly loaded cargo or overloaded cargo can cause trailers to tip, brakes to fail, or drivers to lose control. That’s where third-party loaders or shipping companies come into play.
Cargo that shifts during transport or exceeds legal weight limits can turn a vehicle into a highway hazard. These cargo owners or packers may be liable for creating a hazardous condition if they didn’t secure the load correctly.
Truck or Parts Manufacturers:
When brakes fail or steering malfunctions, sometimes the issue traces back to a manufacturer. If a defective part caused the crash, then product liability laws may apply.
You may be able to sue the manufacturer of the truck itself, or the specific part that failed.
Defective parts may include tires, brakes, axles, or even the electronic control module. These failures often require expert accident reconstruction to prove that the fault lies with the manufacturer.
Maintenance and Repair Companies:
A lot of commercial trucks are serviced by outside companies. When those providers cut corners, ignore known issues, or fail to properly fix mechanical problems, they can be held responsible.
Improper maintenance or skipped inspections can directly lead to blown tires, brake failures, or steering loss. These failures actually put human lives at risk. If the service company didn’t do its job, they could be part of the problem.
Government Entities:
Potholes, poor lighting, missing signage, or malfunctioning traffic signals can contribute to or cause a trucking crash. When that happens, the city or government entity responsible for that stretch of road may be liable.
These cases are tricky. Suing government entities means jumping through more legal hoops, dealing with a shorter statute of limitations, and filing detailed notices. But if poor road conditions caused your injuries, those at fault should be held accountable.
Other Drivers Involved:
Not every truck crash is entirely the truck driver’s fault. A reckless car cutting off a semi, a sudden lane change, or tailgating can create a domino effect.
In these cases, the other drivers involved might share responsibility. This is where comparative negligence comes into play. Even if the truck hit you, another motorist’s actions may have triggered the chain of events.
How to Identify all Liable Parties
You need a detailed investigation to uncover everyone who shares the blame. Don’t settle after blaming the driver without digging deeper. Look at black box data, witness statements, police reports, logbooks, and maintenance logs. Every piece of evidence matters.
Liability could stretch across several companies, all of whom played a role in the accident. Each one must be held accountable if they contributed to your injuries.
You’re not pointing fingers here; this is all about getting the compensation you need to recover fully. The more accurate your liability breakdown, the stronger your claim.
Evidence You Need to Build a Case
You can’t build a strong case without evidence. And not just any evidence, but the right evidence. Here’s what to gather:
- Police reports for official documentation: These reports provide an unbiased, third-party account of the accident, including key facts and observations from responding officers.
- Photographs of the accident scene, injuries, and damage: Clear images help establish conditions at the time of the crash and visually demonstrate the extent of damages and injuries.
- Black box data and electronic logging device records: These digital tools record speed, braking, hours driven, and more, offering powerful insight into the truck’s operation before impact.
- Maintenance history and vehicle maintenance records: Detailed service logs can reveal negligence, skipped inspections, or mechanical issues that directly contributed to the accident and injuries.
- Medical expenses and treatment reports: These records document the full extent of your injuries, including emergency care, follow-ups, and anticipated future medical costs.
- Witness statements: Testimonies from people who saw the crash happen can confirm events and support your version of what took place.
- Expert accident reconstruction analysis: Specialists use physics, crash data, and damage analysis to recreate the incident and identify the true cause of the collision.
- Communication logs between the driver and trucking company: Messages, emails, or call logs may show unsafe pressure, ignored safety issues, or liability-shifting from employer to employee.
You’ll also want documentation showing how your injuries affect your life, like lost wages, pain and suffering, and ongoing medical expenses.
Do I Need a Lawyer to Sue for a Truck Accident?
Yes, you need a lawyer for any case involving injury by commercial vehicle. These claims often include multiple parties, corporate attorneys, and complex insurance issues.
At Omni Injury and Accident Law, we handle negotiating with insurance, collecting critical evidence, and proving negligent behavior. We work on a contingency fee basis, so you don’t pay unless we win. Call (516) 962-6018 today for your free consultation. We’ll fight for your compensation while you focus on healing.