Commercial vehicles—including fleet vans, service trucks, and business-owned delivery vehicles—operate throughout New Jersey and New York every day. When one of these vehicles collides with a passenger car, the damage and injuries can be far more severe than in ordinary auto accidents. Victims often face significant medical needs, insurance obstacles, and confusion about who is truly responsible.
If you were hit by a commercial vehicle, understanding your rights early is critical. NJ and NY law provide strong protections, but only if the victim acts promptly and knows how commercial-vehicle claims work.
How Commercial Vehicle Accident Liability Works
Determining fault in a commercial-vehicle accident is rarely simple. Unlike ordinary auto collisions, these cases involve not only the driver but also the company that owns, maintains, or supervises the vehicle.
Under NJ and NY law, an employer may be legally responsible for the actions of its driver if the crash occurred while the driver was performing job duties. Additionally, a company may be liable if it failed to properly train the driver, neglected vehicle maintenance, or ignored safety procedures.
Some drivers are categorized as independent contractors, but that classification does not automatically shield the company from liability. Courts focus on the degree of control the business exercises over the driver. An attorney can help identify whether the employer, vehicle owner, or a third-party contractor shares responsibility for the collision.
How Medical Bills Are Paid After a Commercial Vehicle Accident
Both New Jersey and New York use no-fault insurance systems, meaning that your own auto insurance typically covers your initial medical bills, regardless of who caused the crash.
New York
Your PIP coverage pays for medical treatment and a portion of lost wages. If you do not own a vehicle, coverage may extend through a household member’s policy or other available sources.
New Jersey
Your PIP benefits apply first, even when you were struck by a commercial vehicle. PIP pays for medical care up to the limits of your policy. If you have health insurance coordination, portions of the treatment may shift to that plan.
When medical costs exceed PIP coverage, or when victims suffer significant injuries, additional compensation may be pursued from the commercial driver and the company’s liability insurance.
Eligibility for Pain and Suffering Compensation
Whether you can recover pain-and-suffering damages depends on the state where the accident occurred and, in NJ, the type of auto insurance you selected.
New York’s Serious Injury Threshold
To bring a claim for pain and suffering, your injuries must fall within the statutory definition of “serious injury.” Examples include fractures, permanent disability, significant scarring, or a qualifying 90/180 impairment.
New Jersey’s Verbal Threshold vs. Unlimited Right to Sue
If you chose the limitation on lawsuit (verbal threshold) on your NJ auto policy, you must show a permanent injury or other qualifying condition. If you chose the unlimited right to sue, you may pursue damages for most injuries without additional restrictions.
Because commercial-vehicle crashes often cause substantial harm, many victims meet these criteria. However, medical documentation is crucial.
What You Should Do Immediately After Being Hit by a Commercial Vehicle
Your actions after the accident can significantly determine the strength of your claim.
Seek police response and obtain medical treatment right away. Document the scene, take photographs, and collect information about the driver and the company. Notify your insurance company promptly, but avoid making detailed statements to commercial insurers until speaking with an attorney. Commercial insurers often move quickly to limit their exposure, and early mistakes can weaken your case.
Time Limits to File an Injury Claim
Every state imposes strict deadlines for filing lawsuits.
New York
Most injury claims must be filed within three years, but claims involving government-owned vehicles require a Notice of Claim within 90 days.
New Jersey
Most claims must be filed within two years. Claims involving public agencies also require a Tort Claims Notice within 90 days.
Failing to meet these deadlines can permanently bar your right to compensation.
Why You Should Contact an Attorney Early
Commercial-vehicle accidents often involve multiple insurance policies, detailed employer records, and potential disputes about whether the driver was “on the job.” Companies may argue that the driver was acting outside the scope of employment or challenge the severity of your injuries.
An experienced attorney can:
- Identify all liable parties
- Secure vehicle-maintenance and employment records before they disappear
- Handle all insurance communications
- Document your injuries and losses
- Pursue full compensation, including long-term medical needs and pain and suffering
Early legal involvement helps preserve evidence and strengthens your claim.
Injured by a Commercial Vehicle in NJ or NY? Contact Song Law Firm Today.
If you were struck by a commercial or business-operated vehicle, you do not have to handle the insurance process alone. Song Law Firm will investigate the accident, protect your rights, and pursue the compensation you deserve for medical bills, lost wages, and long-term injuries.
Call 201-461-0031 or email pi@songlawfirm.com for a free consultation. Song Law Firm will stand with you and fight to protect your rights every step of the way.
Disclaimer: This column provides general information and is not legal advice for any specific case. Consult an attorney for guidance tailored to your situation.
