How to Prove Negligence in a New Jersey Truck Accident Case

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When you’re injured in a truck accident in New Jersey, one of the first legal hurdles is proving negligence — that someone else’s careless or unlawful behavior caused your injuries. Unlike standard car accidents, truck crashes often involve multiple parties, federal safety regulations, and commercial entities that will fight to protect their interests.

In this guide, we’ll break down what negligence means in New Jersey trucking accidents, how to prove it, what evidence is needed, and what steps to take to protect your rights and secure compensation.

 

Understanding Negligence in Truck Accident Cases

What Is Negligence in Legal Terms?

Negligence occurs when a person or company fails to act with reasonable care, leading to harm or injury. In truck accident cases, that negligence could come from the driver, the trucking company, a maintenance contractor, or even the manufacturer of a faulty truck part.

To successfully file a truck accident claim based on negligence in New Jersey, you must prove four legal elements:

• Duty of care: The party had a legal responsibility to act safely and follow the law.
• Breach of duty: That responsibility was violated or ignored.
• Causation: The breach directly led to your accident or injuries.
• Damages: You suffered losses like medical bills, lost wages, or pain and suffering.

In a truck accident, examples of breach of duty may include speeding, distracted driving, failing to rest, ignoring maintenance schedules, or violating federal safety rules.

New Jersey’s Comparative Negligence Law

New Jersey uses a legal doctrine called modified comparative negligence. This means:

• You can recover compensation as long as you are less than 51% at fault for the accident.
• If you are found partially at fault, your compensation will be reduced by your percentage of fault.

For example, if a court finds you 20% responsible for a crash and awards $100,000 in damages, you would receive $80,000.

This rule is critical in truck accident cases where insurance companies may try to shift blame onto the injured party. A skilled attorney can help protect you from unfair liability claims.

 

Common Types of Negligence in New Jersey Truck Crashes

Truck crashes are often caused by a combination of driver mistakes and company mismanagement. Understanding these scenarios helps you identify potential liable parties.

1. Driver Fatigue and Hours-of-Service Violations

Federal Motor Carrier Safety Administration (FMCSA) regulations limit how long a driver can stay behind the wheel without rest. However, to meet tight deadlines, drivers sometimes:

• Exceed legal driving hours
• Falsify logbooks
• Drive without adequate rest
• Ignore required breaks

Fatigued driving reduces a driver’s alertness and reaction time, making them more likely to cause an accident. When proven, it can serve as strong evidence of negligence.

2. Distracted, Reckless, or Impaired Driving

Truck drivers may engage in dangerous behavior behind the wheel, such as:

• Using cell phones or other devices while driving
• Eating or adjusting the GPS while operating the truck
• Driving under the influence of drugs or alcohol
• Speeding or aggressive lane changing

Distracted or impaired driving is a direct breach of duty and often results in devastating accidents due to the size and weight of commercial trucks.

3. Negligent Hiring and Training Practices

Trucking companies have a duty to:

• Vet drivers’ backgrounds and driving records
• Ensure all drivers are properly licensed
• Provide adequate training on safety procedures and laws

If a company hires an unqualified driver or ignores a history of violations, they may be held liable for negligent hiring.

4. Failure to Maintain the Truck

Commercial trucks must be regularly inspected and properly maintained. Negligent maintenance may involve:

• Ignoring brake issues
• Skipping tire replacements
• Overloading cargo beyond legal limits
• Failing to inspect lighting, steering, or suspension systems

A mechanical failure can be just as dangerous as a driving error. Maintenance failures often point to systemic issues within the trucking company’s operations.

 

Evidence You Need to Prove Negligence

In New Jersey truck accident cases, evidence is everything. Without proof of negligence, your claim may be denied or significantly underpaid.

Here are key types of evidence that help build a strong case:

1. The Truck’s Black Box (Event Data Recorder)

Most commercial trucks are equipped with an electronic control module (ECM) or “black box.” These devices record critical data, including:

• Speed at the time of impact
• Sudden braking or acceleration
• Engine hours and idle time
• GPS location history

This data can show whether the driver was speeding, failed to brake, or drove erratically before the accident.

2. Driver Logs and FMCSA Records

Drivers are legally required to maintain accurate logs of:

• Hours driven
• Rest periods
• Inspection checklists

Discrepancies in the logbook or violations of FMCSA hours-of-service rules can support your claim that the driver was overworked or non-compliant.

3. Maintenance and Inspection Records

The truck’s maintenance logs may reveal:

• Missed inspections
• Known mechanical issues that were ignored
• Failure to replace worn components

This can help establish the trucking company’s liability for equipment-related negligence.

4. Witness Statements and Police Reports

Eyewitness accounts can confirm critical facts such as:

• Driver behavior before the crash
• Road conditions at the time
• Whether the truck ran a light or veered into another lane

Police reports often include diagrams, citations, and the responding officer’s assessment of fault.

5. Surveillance and Dashcam Footage

Traffic camera video or dashcam footage can capture:

• The moment of impact
• Traffic light status
• Lane positioning and turning behavior

Visual proof like this can be hard to dispute in court or settlement negotiations.

 

Steps to Take After a Truck Accident in New Jersey

Taking the right actions immediately after a truck crash is crucial. Here’s what you should do:

1. Seek Immediate Medical Attention

Even if you don’t feel seriously hurt, injuries like whiplash or internal trauma may appear hours later. Medical records also serve as evidence of damages.

2. Contact a Truck Accident Attorney

Trucking companies and their insurers often have aggressive legal teams. An experienced personal injury lawyer can:

• Preserve time-sensitive evidence (e.g., black box data)
• Send spoliation letters to prevent deletion of records
• Handle insurance negotiations
• File a lawsuit if necessary

3. Collect and Preserve Evidence

If safe to do so, collect:

• Photos of the crash scene
• Contact info of witnesses
• Your own notes on what happened

The more information you can provide, the stronger your claim will be.

4. File Your Claim Within the Legal Deadline

In New Jersey, the statute of limitations for personal injury lawsuits is two years from the date of the accident. Filing after this deadline can permanently bar your claim.

 

Frequently Asked Questions (FAQs)

Who is responsible in a New Jersey truck accident — the driver or the company?

Both the driver and the trucking company can be held responsible depending on the circumstances. If the driver was acting within the scope of employment, the company may be liable under a legal theory called vicarious liability. Additionally, the company may face direct liability for things like negligent hiring or maintenance failures.

What if I was partly at fault for the crash?

New Jersey follows a comparative negligence system, which means you can still recover damages as long as you’re less than 51% at fault. However, your compensation will be reduced in proportion to your share of the blame. For example, being 30% at fault would reduce your payout by 30%.

How long do I have to file a truck accident lawsuit in New Jersey?

You generally have two years from the date of the truck accident to file a personal injury lawsuit in New Jersey. If the accident involved a government vehicle or contractor, a notice of claim may need to be filed in as little as 90 days. Consult an attorney as soon as possible to protect your rights.

What is the black box in a truck and why is it important?

The black box, or event data recorder (EDR), stores valuable information such as speed, braking, and vehicle movement. In a truck accident case, it can be critical for showing that the driver was speeding, didn’t brake in time, or was violating federal regulations. This evidence can often make or break a negligence claim.

Can I sue if the trucking company failed to maintain the vehicle?

Yes, you can sue the trucking company if a mechanical failure caused by lack of maintenance led to your accident. Companies are legally required to inspect and service their trucks regularly. If they failed to do so and that led to your injuries, they can be held liable for negligence.

 

Contact The Epstein Law Firm, P.A., Today

Proving negligence in a truck accident case is complex — but with the right legal support, you can protect your rights and pursue fair compensation. Whether the truck driver violated FMCSA rules or the company failed to maintain its vehicle, the law is on your side if negligence occurred.

If you’ve been injured in a truck crash in New Jersey, don’t wait. An experienced attorney can help you gather evidence, prove liability, and maximize your recovery.

Contact us today for a free consultation with our trusted New Jersey truck accident lawyer.