The state of New Jersey experiences far too many truck accidents on its highways. They happen for a multitude of reasons, and many of them are not the total fault of the truck driver. Standard passenger vehicle operators are commonly at least partially at fault for many mishaps. The situation is such that truck accidents are easily the most complex on the road even when they are simple to rebuild when claims are being negotiated. Here are a few of the complexities that New Jersey motorists face when filing accident claims.
Unique comparative negligence law
New Jersey uses a unique comparative negligence law when motor vehicle accidents are adjudicated. However, just as in all other states, all drivers are assessed for personal contribution to causation. Drivers who are over 51% at fault for an accident are denied financial compensation for their injuries.
Additionally, those who are allowed injury compensation must have a smaller comparative negligence percentage than the other drivers. Those who are over 60% at fault in an accident may also be ordered to pay 100% of the damages as being totally at fault, which can happen with a truck accident.
Vicarious liability
Another issue with truck accidents is the potential for liability on the part of the shipment contractor or the employing trucking company. Many shipping employers are demanding on drivers and force them to make decisions they should not while shipping contractors sometimes improperly load cargo in both containers and on trailers. This can also include overweight loads as well as imbalanced loads.
These are not the only conditions associated with truck accidents in New Jersey that will complicate the case. There can be any number of other details that can further complicate cases such as bad witness testimony and bad faith negotiating by trucking company insurance providers. Every injured party will be in court with legal counsel arguing in favor of their client’s best interest, including the trucking company insurers and their legal representatives, and arriving at the truth regarding what actually transpired can be challenging.