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Attorneys reviewing New Jersey truck accident cases

On this page
  1. Key New Jersey rules
  2. Why are truck crashes so common in New Jersey?
  3. Who can be held responsible for a New Jersey truck crash?
  4. What evidence matters most in a truck case?
  5. How does fault get divided in a New Jersey truck crash?
  6. How do PIP and the lawsuit threshold apply in a truck case?
  7. What should I do after a truck crash in New Jersey?
  8. Common truck accident cases
  9. Attorneys reviewing these cases
  10. Frequently Asked Questions

Key New Jersey rules for truck accident claims

Personal injury filing deadline
2 years
Fault rule
Modified comparative fault (51% bar)Your award is reduced by your share of fault, and you cannot recover anything if you are found more than 50% at fault (51% or more).
Claims against a government entity
Shorter notice deadlineClaims against public entities require a notice of claim within 90 days.

Why are truck crashes so common in New Jersey?

Few places move as much freight in so little space. The port complex in Newark and Elizabeth sends containers to warehouses throughout the state, and distribution centers line the Turnpike, I-78, I-287 and I-295.

That concentration creates constant contact between heavy trucks and passenger cars. Risk points include:

  • Turnpike interchanges near the port and warehouse districts, where trucks merge and exit constantly.
  • I-78 toward Pennsylvania, a major warehouse corridor.
  • I-287 and Route 1, where trucks share lanes with heavy commuter traffic.
  • Local roads near distribution centers, where trucks make wide turns through intersections.
  • Construction zones with shifting lanes and narrow shoulders.

Delivery traffic adds to the risk. Box trucks and vans serving homes and businesses stop frequently, double-park and make tight turns on crowded streets.

Who can be held responsible for a New Jersey truck crash?

Often several companies. Freight moves through a chain of carriers, brokers, shippers and warehouses, and each link can contribute to a crash.

Possible defendants include:

  • The driver, for speeding, fatigue or distraction.
  • The motor carrier, for hiring, training and dispatch.
  • A freight broker that chose an unsafe carrier.
  • A shipper or warehouse that loaded the trailer unsafely.
  • A maintenance vendor that missed brake or tire problems.
  • A delivery company that controlled a contractor driver's routes and schedule.

Delivery companies sometimes argue that drivers are independent contractors. Whether the company is responsible depends on how much control it had over the work.

What evidence matters most in a truck case?

The carrier's electronic records and the truck itself. Federal hours-of-service rules limit how long interstate drivers can drive and require rest breaks, and most trucks use electronic logging devices.

A preservation letter should go out quickly asking the carrier to keep:

  • Electronic logging device data and supporting documents.
  • Engine control module data showing speed and braking.
  • Dispatch communications and delivery schedules.
  • Driver qualification and testing records.
  • Inspection and maintenance records.
  • Dash camera and in-cab video.

Port and warehouse gate logs, toll records and GPS data can also confirm a truck's movements. Long waits at port terminals and warehouse docks can eat into a driver's legal driving time, which sometimes pushes drivers to hurry on the road afterward. Trucks operating only within New Jersey may follow state rules, which largely track federal safety standards.

How does fault get divided in a New Jersey truck crash?

A jury assigns each party a percentage. Your award is reduced by your share, and you recover nothing if your share is greater than the defendants' combined fault.

Consider a crash on I-287 near Piscataway. A tractor-trailer changes lanes into a car in its blind spot. The car driver's damages total $400,000. The carrier argues the car was speeding past the truck. If a jury assigns the car driver 25% of the fault, the award becomes $300,000. If the jury assigns 51%, the award is zero.

Professional drivers are trained to check mirrors and confirm a lane is clear. Engine data and video often show whether the truck driver did that.

How do PIP and the lawsuit threshold apply in a truck case?

The same New Jersey auto rules usually apply. If you were in a car, your PIP generally pays medical bills first, and your lawsuit option affects your pain and suffering claim against the truck driver and carrier.

Truck crashes often cause serious injuries such as fractures, spinal injuries and brain injuries, which may meet the threshold. Lost wages beyond PIP and other economic losses can generally be pursued regardless of the threshold. Our New Jersey car accident page explains PIP and the threshold in more detail.

What should I do after a truck crash in New Jersey?

Get medical care, open your PIP claim and preserve evidence.

  1. Get the police report number.
  2. Note the carrier's name, trailer number and DOT number.
  3. Photograph the scene and vehicles if you can.
  4. Open a PIP claim with your auto insurer.
  5. Do not give the carrier's insurer a recorded statement.
  6. Contact our team so a preservation letter goes out quickly.

If a public vehicle, such as an NJ Transit bus or a county truck, was involved, a notice of claim is generally due within 90 days. Learn more on our truck accident practice page and our New Jersey injury law overview. Warehouse workers injured by trucks can see our page on workplace and construction injuries.

Attorneys reviewing New Jersey truck accident cases

Frequently Asked Questions

Can I sue a delivery company if its contractor driver hit me in New Jersey?

Possibly. Delivery companies often use contractors, and they may argue they are not responsible. But a company that controls routes, schedules and how the work is done may still be liable. The contractor's own insurance and any policy the company carries for contractors may also apply. Our team reviews the contracts.

What if a container truck from the port caused my crash?

Port drayage trucks often involve several parties: the trucking company, the shipping line that owns the container and the chassis provider. If a chassis had bad brakes or tires, the provider may share responsibility. Gate logs and equipment records help identify who controlled the equipment.

How long do I have to sue after a New Jersey truck crash?

Generally two years. If a public entity, such as NJ Transit or a county, may be responsible, a written notice of claim is generally due within 90 days. Because evidence can be lost in weeks, contacting a lawyer early protects both the deadline and the evidence.

What if a truck's load fell onto the road in New Jersey?

Cargo must be properly secured. When it falls, the driver, carrier and the company that loaded the trailer may all share responsibility. Photos of the debris, trailer and straps or chains help show what went wrong. Spilled loads often lead to multi-vehicle crashes, so identifying every involved driver matters.

General information, not legal advice; laws change — confirm your deadline with an attorney. Last reviewed . Reading this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.

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