Personal injury cases involving commercial vehicles or trucks differ significantly from those involving standard passenger vehicles. Due to their size, weight, and unique regulations, truck accidents often result in severe injuries and complex legal scenarios. If you’ve been hit by a commercial vehicle or truck in New Jersey or New York, understanding your rights and the legal process is essential to ensure you receive the compensation you deserve.
Key Differences in Commercial Vehicle Accidents
Accidents involving commercial vehicles or trucks often involve larger insurance policies, federal and state regulations, and more complex liability issues. Some notable distinctions include:
- Federal Regulations: Truck drivers and their employers must comply with Federal Motor Carrier Safety Administration (FMCSA) regulations, such as limits on driving hours and maintenance standards.
- Vicarious Liability: In many cases, the trucking company, not just the driver, may be held liable for your damages if the driver was acting within the scope of their employment.
- Higher Insurance Coverage: Commercial vehicles are typically required to carry higher liability coverage limits due to the increased risk of severe accidents.
Steps to Take After Being Hit by a Commercial Vehicle
- Seek Medical Attention: Your health should always be your top priority. Even if your injuries seem minor, consult a healthcare professional, as symptoms can worsen over time.
- Document the Accident Scene: Take photos of the vehicles, road conditions, and any visible injuries. Collect the truck driver’s license, registration, insurance information, and contact details of any witnesses.
- Report the Accident: Contact the local police and file an accident report. This report is crucial for your claim.
- Consult an Experienced Attorney: Truck accident cases often involve large corporations and aggressive insurance adjusters. An experienced personal injury attorney can ensure you navigate these complexities effectively.
Medical Bills: Who Pays?
- In New Jersey: As a no-fault state, your own Personal Injury Protection (PIP) coverage will be the first to cover your medical expenses, regardless of who is at fault.
- In New York: Also a no-fault state, your PIP coverage will pay for medical bills, lost wages, and other reasonable expenses up to your policy limit.
If your medical expenses exceed your PIP limits, you may pursue compensation through the at-fault party’s insurance policy.
Compensation for Pain and Suffering
While PIP coverage pays for medical bills and lost wages, it does not cover non-economic damages like pain and suffering. To recover these damages, you must file a personal injury claim against the at-fault driver or trucking company. Factors that may influence the value of your claim include:
- Severity of your injuries.
- Length of recovery.
- Impact on your daily life and work.
Why Legal Representation Is Crucial
Truck accident cases often involve large corporations with aggressive legal teams. An experienced attorney can:
- Investigate the accident thoroughly.
- Identify all liable parties, including the truck driver, trucking company, or third-party contractors.
- Negotiate with insurance companies to secure a fair settlement.
- File a lawsuit and represent you in court if necessary.
Conclusion
If you’ve been hit by a commercial vehicle or truck in New Jersey or New York, navigating the legal and insurance complexities can be overwhelming. Hiring an experienced personal injury attorney can make all the difference in securing the compensation you deserve. Contact Song Law Firm today at 201-461-0031 or email pi@songlawfirm.com for a consultation. Let us help you recover physically, emotionally, and financially from your accident.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For personalized assistance, contact Song Law Firm at 201-461-0031 or email pi@songlawfirm.com.
