When we first learn how to drive, we’re taught defensive driving. The idea is simple: if everyone acts to maximize safety, we’re all better off. Unfortunately, the road is full of aggressive drivers. This practice becomes especially troubling when a truck driver is the culprit.
WHAT IS AGGRESSIVE DRIVING?
Aggressive driving is any form of deliberate, unsafe driving behavior that puts others at risk. The most common type is speeding. Other types include:
- weaving in and out of traffic, and
- blocking cars from changing lanes.
Truck drivers have a special responsibility to avoid aggressive driving. The size and weight of their vehicles make the potential consequences unacceptable. Unfortunately, some truck drivers disregard this responsibility, causing severe accidents.
WHAT ARE YOUR OPTIONS FOR COMPENSATION?
The default option for New Jersey drivers injured in these accidents is no-fault benefits, which compensate insured drivers for their monetary expenses, such as medical bills, without considering blame. Today, however, I’m going to focus on lawsuits. Truck accidents often cause injuries that no-fault benefits don’t cover, like pain and suffering. Drivers eligible to go outside the no-fault system can pursue a lawsuit to recover all of the damages they incurred.
The likelihood of winning these lawsuits is helped by the fact that truck accidents usually leave behind lots of good evidence. That’s because the trucking industry requires detailed recordkeeping. When working a truck accident case, our thorough investigation involves interviewing eyewitnesses, consulting traffic and surveillance camera footage, and assessing vehicle damage. We also hire forensic experts to analyze the scene of the accident. They identify things like the tire marks showing a truck driver was swerving from lane to lane. We also consult the truck’s Electronic Logging Device, which is normally connected to the engine to track speed and braking. This is used for things like proving the truck driver was speeding.
These lawsuits tend to be complicated. For one, legal procedures tend to be confusing without specialized knowledge. Investigations are also challenging without experience and access to resources. And drivers have to be careful which arguments they present. For example, an extreme form of aggressive driving is road rage where drivers deliberately try to harm others. While a truck driver can technically be held liable for their road rage causing an accident, this isn’t always the best argument. The reason is that when a lawsuit is won, the trucking company’s insurance usually pays the damages. But insurance companies often don’t cover deliberate acts. So, presenting the wrong argument could lead to winning the case but having trouble collecting the compensation you are awarded.
These are just some of many reasons why you’ll want an experienced personal injury attorney to represent you. At Rosenblum Law, we have dedicated decades of our lives to fighting for just compensation for injured drivers. If you or a loved one has been involved in a truck accident caused by aggressive driving, contact Rosenblum Law today for a free, no obligation consultation.