New Jersey Fatal Truck Accident Lawyers

frontal collision of two trucks causing fatal injuries

If you are reading this page hoping to find the right lawyers to represent the estate of a loved one or family friend, please accept our sincerest condolences. Representing a person who died due to the negligence of a trucker involves an emotional investment on the part of your lawyer. It should be the mission of the law firm and lawyer to seek justice for those who cannot advocate for themselves. For that reason, according to the Supreme Court of New Jersey, the selection of a lawyer is an important decision and should not be taken lightly. If you are looking to hire legal counsel to sue a truck driver and their trucking company, you came to the right place. The Board-Certified Trial Lawyers at Davis, Saperstein & Salomon, PC’s wrongful death and truck accident team have decades of experience in winning settlements involving fatal truck accidents.

Why Choose Our New Jersey Truck Accident Attorneys?

We’ve been down this road many times, and we know how to win. Insurance and trucking companies know that we’re an aggressive firm that refuses to back down when it comes to getting our clients the money they deserve.

Our record of success speaks for itself. We’ve been helping New Jersey residents with truck accident and wrongful death claims for over 40 years. We’ve helped over 35,000 clients, including individuals and families seeking justice. We’ve recovered more than $1 billion for our clients in combined settlements and jury verdicts. We have a team of over 25 qualified legal professionals who work on your case, including 12 Certified Civil Trial Attorneys. Don’t go with a random firm you saw advertising billboards. Go with a team that has a proven track record.

But first, please accept our first piece of free legal advice. Make your decision sooner rather than later, and hire the right lawyer for your case. An experienced truck accident lawyer will immediately start their investigation and often immediately hire accident reconstruction experts to go to the crash scene to photograph and garner valuable evidence before things change.

We understand your loss and how hard it is right now, so we want to accommodate you. You’re welcome to meet us in person at one of our New Jersey offices. We can talk on the phone or meet virtually via FaceTime, Skype or Zoom. If English is not your preferred language, we will accommodate you with lawyers who speak Spanish. We offer translations for over 11 languages, including Korean, Portuguese, Russian, Polish, and more.

The consultation is free, and you don’t owe us anything unless we win money for you. Contact us today to get started.

Common Causes of Fatal Truck Accidents

The National Highway Traffic Safety Administration has strict regulations regarding maximum work hours, health requirements, and drug and alcohol testing for drivers. These regulations also govern cargo loading and vehicle inspections. Truckers and trucking companies that violate these regulations can be held accountable for fatal accidents resulting from their negligence.

By thoroughly investigating your accident, we can determine what went wrong and who is ultimately responsible for your losses.

Every truck accident is preventable if truck drivers simply follow the law. Most truck accidents happen when a truck driver is careless or negligent. Some of the most common causes of fatal truck accidents include:

Negligent Hiring – Our experience is that shippers and trucking companies often hire untrained or inexperienced drivers out of necessity to find help. They may hire them as employees or independent contractors to save money. These drivers may not be properly trained or qualified to operate a big rig. Many do not speak English or may not even be green card holders. Companies looking to cut costs and increase profits may be tempted to hire drivers on the cheap who ignore DOT regulations. In that case, the shipper and even the owner of the trailer may be held accountable because the negligence started with their negligent hiring practices.
Driver Action – This includes careless or reckless driving, speeding, making improper lane changes, disregarding stop signs, running red lights, making illegal left turns, etc.
Driver fatigue — Exhausted truck drivers pose a significant risk to others. Safely operating a commercial truck requires a driver’s full attention. When truckers drive long hours in violation of hours of service (HOS) regulations, they may become drowsy, leading to impaired judgment and delayed reaction times. A trucking company that pressures its drivers into working extended hours could be liable for an accident caused by driver fatigue.
Distracted driving — Truck drivers who attempt to multi-task, check their mobile devices, or otherwise fail to pay full attention to the road contribute to many rear-end collisions and sideswipe accidents, some of which are fatal. While handheld cellphone use among truck drivers is banned, other distractions, like programming a GPS or eating, may divert a driver’s attention.
Alcohol and drug use — Truck drivers who drink or take drugs before getting behind the wheel put everyone on the road in harm’s way. Being intoxicated impairs a driver’s judgment and ability to react in time to avoid hazards or debris on the road. Large trucks can be challenging to handle in the best circumstances, and impairment can make maintaining control of a truck nearly impossible.
Unsecured cargo — When truck drivers fail to secure cargo loads properly, cargo could fall from the truck during transit, hitting nearby vehicles or presenting an obstacle to motorists who must swerve to avoid hitting the cargo on the road. Furthermore, improperly balanced or overloaded trucks are more susceptible to rollover accidents.
Vehicle malfunctions — Lack of inspections and routine maintenance can cause equipment failures such as defective brakes, steering issues, stuck accelerators, and blown tires. If these mechanical problems occur while a driver is on the road, the driver may lose control of the truck, resulting in collisions.

Proving Fault in a Fatal Truck Accident Case in New Jersey

Proving fault in a fatal truck accident can be challenging because the trucking industry comprises multiple parties, all of whom could share liability for your loved one’s death. Aside from truck driver negligence, the individuals and entities that may be at fault in a truck wreck include:

The trucking company — If the trucking company that employs the driver violated NHTSA regulations, the company might bear responsibility for an accident. For example, if the trucking company pressured its drivers to work beyond HOS rules, hired unqualified drivers, or neglected to inspect their vehicle fleet regularly, it could be liable for a fatal truck accident.
Vehicle manufacturer — If a faulty vehicle part, such as defective brakes or tires, contributes to a fatal accident, the designer or manufacturer could be liable for the death and other losses resulting from the crash.
Truck mechanics — If a truck mechanic fails to diagnose or fix a problem with a truck involved in a fatal accident, and the mechanical issue plays a role in the accident, the mechanic might bear liability.
Cargo loaders — Many trucking firms employ third-party loading companies to load cargo into their vehicles. If unbalanced or unsecured cargo leads to a fatal accident, the cargo loaders could be liable for the death and other losses.

Proving fault in a fatal truck accident often requires gathering and preserving various types of evidence, including the following:

Accident reports from law enforcement
Photos of the accident scene, including vehicle damage, property damage, skid marks or debris on the road, and traffic signs or signals
Footage from traffic video cameras, dashcams, or nearby surveillance cameras
Statements from witnesses who saw the crash
Testimony from experts in accident reconstruction
The truck driver’s cell phone records
The medical records of the decedent’s fatal injuries
Data from the truck’s “black box”
The truck driver’s HOS logs
The trucking company’s hiring and supervision records
Maintenance records
Results from drug or alcohol testing

Who Can File a Wrongful Death Suit After a Fatal Semi-Truck Accident in New Jersey?

In New Jersey, only a personal representative of the decedent’s survivors can file a wrongful death claim. The representative may be the executor named in the decedent’s will, or the probate court can appoint a representative. A wrongful death lawsuit is brought on behalf of the decedent’s surviving family members, who may include:

The surviving spouse and children
If there is no surviving spouse and children, the decedent’s surviving parents
If there are no surviving parents, the decedent’s siblings, nieces or nephews

Money Damages Available in NJ Truck Accident Wrongful Death Claims

In a truck accident wrongful death case, surviving family members can seek money for various losses resulting from their loved one’s death, including:

Loss of income and benefits the decedent would have earned and contributed to the household
The economic value of the loss of service, assistance, guidance, and training the decedent would have provided, including childcare and housecleaning
Costs of reasonable funeral and burial expenses and medical expenses the decedent incurred due to their fatal injury

On top of wrongful death damages, the estate of the deceased is entitled to the money the deceased would have received for their pain, suffering, disfigurement, and emotional losses from the time of impact until their moment of death. These pre-death types of claims are known as “survival claims” in that the claim survives the death of the decedent and can be brought by the representative of the estate. In some cases, the survival time can be as little as a few seconds prior to impact. Unlike wrongful death damages and depending upon circumstances, survival claims can be quite large without a cap on damages. Our New Jersey wrongful death lawyers can calculate the value of your ongoing and future losses to help you seek the most money possible for your family.

How Much Time Do I Have to File a Wrongful Death Claim in New Jersey?

New Jersey’s statute of limitations for wrongful death cases requires a decedent’s personal representative to file a lawsuit within two years of the date of death. If you miss the statutory filing deadline, you may forfeit your right to pursue money damages in civil court. Thus, hiring an experienced truck accident wrongful death lawyer as early as possible is crucial to ensure you meet all necessary deadlines. However, be aware that if a potential defendant is a public entity, police office, city, state, highway authority, or public employee, there is a strict 90-day requirement to file a Tort Claim Notice with the proper authority.

Get in Touch with a Skilled New Jersey Fatal Truck Accident Lawyer Today

Losing a loved one in a truck accident is devastating and traumatic. You may be unsure how to pursue justice, accountability, and money damage for your losses. You don’t have to face this difficult time alone. The experienced New Jersey wrongful death lawyers at Davis, Saperstein & Salomon, P.C., are here to handle negotiations with the insurance companies and protect your family’s rights and interests. When you hire our firm, you can rely on our team to fight for your best outcome.