Picture this: You’re driving down the New Jersey Turnpike, minding your own business, when suddenly a massive tanker truck veers into your lane. In a split second, your world turns upside down. The crash is deafening, metal crunches, and you’re left dazed and injured. As the dust settles, you realize you’re facing a long road to recovery and a mountain of medical bills.
This scenario is all too real for many New Jersey residents. Tanker truck accidents are some of the most devastating collisions on our roads, often resulting in catastrophic injuries, extensive property damage, and even loss of life. If you’ve been involved in such an accident, you need a skilled New Jersey tanker truck crash lawyer by your side.
At Grossman Law Firm, we’re here to guide you through the legal maze, fight for your rights, and help you get the compensation you deserve. Start with a free consultation with our experienced New Jersey truck accident lawyer. Call Grossman Law at (732) 625-9494 today.
The Unique Dangers of Tanker Trucks
Tanker trucks are not your average vehicles. These behemoths of the road carry thousands of gallons of liquid cargo, from harmless water to highly volatile chemicals. This unique design poses specific risks that set tanker truck accidents apart from other vehicle collisions.
Tanker trucks come in various designs. Some feature compact tanks mounted on flatbed trucks, while others boast elongated trailers attached to semi-truck cabs. In rare cases, you might encounter tanker trucks with dual trailers.
Regardless of design, all tanker trucks must adhere to state-specific gross weight limits. For instance, the New Jersey Motor Vehicle Commission (NJ MVC) sets the maximum at 80,000 pounds. If a tanker truck exceeds the weight limit and subsequently collides with your vehicle, it could be seen as negligence on the part of the truck owner or operator. Such evidence may strengthen your case in a personal injury lawsuit.
The Sloshing Effect
Imagine trying to walk while carrying a bucket full of water. With each step, the water sloshes from side to side, throwing off your balance. Now multiply that effect by several thousand gallons, and you’ve got a tanker truck in motion.
This “sloshing” of liquid cargo creates a phenomenon known as liquid surge. As the truck accelerates, brakes, or turns, the liquid inside shifts, potentially causing the truck to roll over or jackknife. Even the most experienced drivers can struggle to control a vehicle under these conditions.
Hazardous Materials
Many tanker trucks transport hazardous materials like gasoline, chemicals, or even radioactive substances. In the event of an accident, these materials can spill, creating additional dangers for accident victims, first responders, surrounding motorists, and the environment. A simple collision can quickly escalate into a hazardous materials incident, requiring specialized cleanup crews and potentially causing long-term health effects for those exposed.
Common Causes of Tanker Truck Accidents in New Jersey
While every accident is unique, certain factors frequently contribute to tanker truck collisions in the Garden State:
- Driver fatigue: Long hours on the road can lead to drowsy driving, slowed reaction times, and poor decision-making.
- Improper training: Driving a tanker truck requires specialized skills. Inadequate training can lead to dangerous mistakes.
- Speeding: The weight and liquid cargo of tanker trucks make them particularly susceptible to accidents at high speeds.
- Improper loading: Overloaded tanks or improperly secured cargo can throw off a truck’s balance and handling.
- Poor maintenance: Neglected brakes, tires, or other critical components can fail at the worst possible moment.
- Distracted driving: Even a momentary distraction can have catastrophic consequences when operating a tanker truck.
- Adverse weather conditions: New Jersey’s varied climate, which includes summer thunderstorms to winter ice, can create treacherous driving conditions.
New Jersey Truck Accident Laws
When it comes to commercial truck accidents, New Jersey law can be complex. Multiple parties may be liable, from the truck driver to the trucking company, the cargo loader, or even the manufacturer of faulty truck parts.
New Jersey adheres to the modified comparative negligence rule. In this system, even if you were partly at fault in the crash, you can recover damages as long as you’re not more than 50% at fault for the accident. However, your compensation may be reduced by your percentage of fault.
Moreover, New Jersey has a two-year statute of limitations for personal injury claims. This means you have two years from the date of the accident to file a lawsuit. While this might seem like a long time, building a strong case often requires extensive investigation and preparation. That’s why it’s crucial to contact a New Jersey tanker truck accident lawyer as soon as possible after your accident.
Steps to Take After a Tanker Truck Accident
If you’ve been involved in a tanker truck accident, taking the right steps can significantly impact your physical recovery and your legal case:
- Seek medical attention: Your health is the top priority. Even if you feel fine, some injuries may not be immediately apparent.
- Document everything: If possible, take photos of the accident scene, your injuries, and any property damage. Get contact information from witnesses.
- Report the accident: Make sure the accident is reported to the police and your insurance company.
- Don’t admit fault or apologize: Be careful what you say to the other driver and insurance adjusters. Anything you say could be used against your claim later.
- Keep records: Save all medical bills, hospital records, receipts for out-of-pocket expenses, and documentation of lost wages.
- Don’t accept early settlement offers: Insurance companies often try to settle quickly for less than you deserve. Don’t accept any offers without consulting a lawyer.
- Contact a New Jersey tanker truck accident lawyer: The sooner you have legal representation, the better protected your rights will be.
Understanding the Full Scope of Damages and Types Of Compensation Available
Tanker truck accidents can have far-reaching consequences that extend well beyond the immediate aftermath. Victims of commercial truck accidents in New Jersey may be eligible for various types of compensation, depending on the specifics of their case. These can include:
- Economic damages: These refer to quantifiable financial losses such as:
- Medical expenses (past and future)
- Lost wages
- Loss of earning capacity
- Property damage
- Rehabilitation costs
- Home modification expenses.
- Non-economic damages: These are more subjective losses, including:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (companionship for spouses).
- Punitive damages: These may be granted in situations of egregious negligence or deliberate wrongdoing. An amount is awarded to you in order to penalize the offender and discourage future instances of the same behavior.
The amount and types of compensation you may receive depend on factors such as the severity of your injuries, the impact on your life, and the degree of negligence involved. An experienced New Jersey large truck accident lawyer can help you understand what compensation you may be entitled to and fight to ensure you receive it.
At Grossman Law Firm, we’re not just after a quick settlement. We’re committed to securing the full compensation you need to rebuild your life after a devastating tanker truck accident.
How Grossman Law Firm Can Help
At Grossman Law Firm, we’re not just lawyers – we’re your advocates, your support system, and your guides through this challenging time. Here’s how we can help:
- Thorough investigation: We’ll leave no stone unturned in investigating your accident. From analyzing police reports to consulting with accident reconstruction experts, we’ll build a comprehensive picture of what happened.
- Identifying all liable parties: Tanker truck accidents often involve multiple responsible parties. We’ll identify everyone who may be liable for your injuries and hold them accountable.
- Calculating full damages: We’ll work with medical experts, economists, and life care planners to calculate the full extent of your damages, including future medical costs and lost earning potential.
- Skilled negotiation: Our attorneys are skilled negotiators who know how to deal with insurance companies. We’ll fight for a fair settlement that truly compensates you for your injuries.
- Litigation experience: If a fair settlement can’t be reached via negotiations, we’re prepared to take your case to trial. Our experienced litigators will fight for your rights in court.
- Emotional support: We understand that recovering from a tanker truck accident is about more than just legal battles. We’re here to support you emotionally throughout the process, providing a compassionate ear and connecting you with resources to help you cope.
- No upfront costs: We work on a contingency fee basis, meaning you don’t pay unless we win your case. This allows you to focus on your recovery without worrying about legal fees.
We know that every case is unique, and we treat each client with the individual attention and care they deserve. When you work with us, we’ll be by your side, guiding you through the legal process, answering your questions, and fighting tirelessly for the compensation you need to rebuild your life.
FAQ: New Jersey Tanker Truck Accident Lawyer and New Jersey Personal Injury Lawyer
How long do I have to file a lawsuit after a large truck accident in New Jersey?
In New Jersey, the statute of limitations for personal injury claims, including those arising from tanker truck accidents, is generally two years from the date of the accident. This means you have two years to file a lawsuit in court.
However, it’s crucial to avoid delaying – start the legal process as soon as possible after your accident. Early action allows your attorney to gather fresh evidence, interview witnesses while their memories are still clear, and ensure all deadlines are met. Additionally, some exceptions to the two-year rule may apply in certain circumstances, such as cases involving minors or if the full extent of your injuries wasn’t immediately apparent.
Remember, building a strong case takes time. By promptly contacting a New Jersey tanker truck accident lawyer, you give your legal team the best chance to construct a compelling case on your behalf.
Who can be held liable in a tanker truck accident case?
Liability in tanker truck accidents can be complex, often involving multiple parties and various liabilities. Potential liable parties may include:
- The truck driver: The driver may be directly liable if they were negligent (for instance, distracted driving, speeding, or violating hours-of-service regulations).
- The trucking company: Under the doctrine of vicarious liability, the company may be responsible for their employee’s actions. They may also be directly liable if they were negligent in their operations such as in hiring, training, or supervision.
- The cargo loader: The business that loaded the tanker may be held accountable if incorrect loading caused the accident.
- The truck or parts manufacturer: If a defective truck or part caused the accident, the manufacturer could be held responsible under product liability laws.
- Maintenance companies: If poor maintenance led to a mechanical failure causing the accident, the company responsible for the truck’s upkeep could be liable.
- Government entities: In some cases, if poor road conditions or lack of signage contributed to the accident, a government entity might be partially responsible.
Determining liability often requires a thorough investigation. At Grossman Law Firm, we have the resources and know-how to identify all potentially liable parties and hold them accountable for your injuries.
How is fault determined in a New Jersey tanker truck accident?
Determining fault in a New Jersey tanker truck accident involves a detailed investigation and analysis of various factors. Here are some types of evidence that crash investigators examine:
- Police report: The official accident report filed by responding officers often provides an initial assessment of fault.
- Physical evidence: This includes damage to vehicles, skid marks, and the final resting positions of the vehicles involved.
- Witness statements: Accounts from people who saw the accident can provide crucial information.
- Expert analysis: Accident reconstruction experts may be called in to analyze the evidence and provide a professional opinion on how the accident occurred.
- Electronic data: Many modern trucks are equipped with electronic logging devices and “black boxes” that record data about the truck’s operation before and during the crash.
- Driver logs: For commercial drivers, logbooks can reveal if hours-of-service regulations were violated.
- Vehicle maintenance records: These can show if poor maintenance contributed to the accident.
- Traffic laws: Determining if any traffic laws were violated is crucial in assigning fault.
New Jersey follows a modified comparative negligence rule. This implies that if you’re 50% or less at fault, your potential compensation will be reduced by your percentage of fault. However, you will not be entitled to damages if it is determined that you were more than 50% to blame for the accident.
At Grossman Law Firm, we work diligently to gather all available evidence and build a strong case demonstrating the other party’s fault while minimizing any potential fault on your part.
If an insurance adjuster from the transportation firm gets in touch with me, what should I do?
If an insurance adjuster from the trucking company contacts you after a tanker truck accident, it’s important to proceed with caution. Here’s what you should do (and not do):
- Be polite but limit your response: You can confirm basic facts like your name and contact information, but do not discuss the details of the accident or your injuries. It’s within your rights to refuse to answer the adjuster’s questions until you’ve consulted a lawyer.
- Don’t give a recorded statement: Politely decline any requests for a recorded statement. These can often be used against you later.
- Don’t sign anything: Do not sign any documents or agree to any settlements without consulting your attorney first.
- Don’t discuss your injuries: The full extent of your injuries may not be immediately apparent. Discussing them prematurely could limit your compensation.
- Don’t accept any offers: Early settlement offers are often far less than what you may be entitled to.
- Refer them to your attorney: The best response to most questions is, “Please speak with my attorney.” This protects your rights and ensures all communication goes through proper channels.
- Contact your lawyer immediately: If you haven’t already, contact a New Jersey tanker truck accident lawyer as soon as possible. They can handle all communications with the insurance company on your behalf.
Remember, insurance adjusters work for the insurance company, not for you. Their goal is often to minimize the company’s payout. We at Grossman Law Firm are highly experienced in dealing with insurance companies and will fight to protect your interests throughout the claims process.
If You Were Involved in a Tanker Truck Collision, Let Grossman Law Firm Help You Get the Compensation You Deserve
When a tanker truck accident brings you serious injuries and massive bills, you should have a competent ally to help you pursue your needed and deserved compensation. Don’t let the trucking companies and their insurers take advantage of you in your time of need. Contact Grossman Law Firm today at (732) 625-9494 for an obligation-free, no-cost consultation.
The Grossman Law Firm has nearly three decades of legal experience, and much of it is in service of truck accident victims. We’ve won deca-millions for New Jerseyans hurt by the negligence of others. Allow us to work for you using our resources, legal skills, and experience.
Remember, time is of the essence in these cases. The sooner you reach out, the sooner we can start building your case and protecting your rights. Your consultation with us is free. Call Grossman today at (732) 625-9494.