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Auto Accidents, New Jersey, Personal Injury
Truck Accidents Caused by Distracted Driving in NJ
Uploaded on: Jun 14, 2022
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Duration: 2.5 Min

Video Description

We’re all guilty of dividing our attention while on the road. Taking sips of coffee, eating, fixing your hair, and changing music selections are all forms of distracted driving. These activities are always dangerous, but they are especially irresponsible when the driver is operating a large tractor-trailer. Truck accidents caused by distracted driving are incredibly destructive.

WHAT ARE YOUR OPTIONS FOR COMPENSATION?

New Jersey is a no-fault state, meaning New Jersey motorists have to carry insurance with personal injury protection benefits. These are also called no-fault benefits because they provide injured drivers with compensation regardless of who was at fault for causing the accident.

However, no-fault benefits often aren’t enough for drivers injured in a serious truck accident. There are two main reasons: First, PIP benefits are capped at $50,000 and won’t cover expenses that exceed this limit. Second, these benefits only cover monetary expenses like medical expenses and lost wages. Truck accident victims frequently endure other, less tangible consequences, like pain and suffering. These non-monetary expenses are not covered by no-fault benefits.

Thankfully, New Jersey drivers can usually go outside of the no-fault system and file a lawsuit. The only drawback is that drivers with certain types of insurance policies have to first satisfy a lawsuit threshold. The lawsuit threshold basically requires that the driver’s injuries are significant enough to justify going around no-fault benefits.

HOW DO YOU PROVE FAULT IN A DISTRACTED DRIVING TRUCK ACCIDENT?

The first thing you need to figure out when filing a lawsuit is who should be sued. Truck accidents involve a complex legal principle called vicarious liability. In the case of Carter versus Reynolds, the New Jersey Supreme Court explained that an employer is responsible for an employee’s behavior when done within the scope of their employment. So, a trucking company is usually liable for its truck driver’s distracted driving accident because the truck driver is the company’s employee and these accidents usually happen while the truck driver is on the job.

A second challenge is figuring out how to prove the truck driver’s distracted driving caused the accident. Some forms of distracted driving are easier to prove than others. For example, if the truck driver was on their phone when the accident occurred, we might subpoena their phone records. This is easier than, say, proving that the driver was eating while driving. 

Truck accident lawsuits are complicated. The law is complex, and you’re up against trucking companies with lots of resources and experience defending against lawsuits. The good news is that the attorneys at Rosenblum Law are here to help. We have decades of experience winning personal injury lawsuits involving truck accidents and will fight tirelessly until you receive the compensation you deserve. If you or a loved one has been involved in a truck accident caused by distracted driving, contact Rosenblum Law today for a free, no obligation consultation.

Why Choose Rosenblum Law?

100+ Years of combined legal experience
No Upfront cost if we handle your case
Experienced, Trusted lawyers with proven results.
Get A Free Consultation Today

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