The very nature of being a long-haul truck driver involves spending many hours driving. Naturally, spending many hours sitting behind the wheel may induce fatigue in the driver. This fatigue increases the risk of danger for both the truck driver and anyone else who may be on the road.
It comes as no surprise then that long-haul truck drivers may cause serious and devastating injuries due to excessive work demands that have them working incredibly long hours. In 2015 alone, nearly 4,000 people died in accidents involving large trucks. Nearly seventy percent of those deaths were occupants of cars and passenger vehicles. Another fifteen percent were pedestrians, bicyclists or motorcyclists. Large Trucks, Insurance Institute for Highway Safety- Highway Loss Data Institute, http://www.iihs.org/iihs/topics/t/large-trucks/fatalityfacts/large-trucks#cite-text-0-0 (last visited June 30, 2017). Entire blog →
Cliff Bidlingmaier is an experienced litigator when it comes to trucking accidents.Â When dealing with trucking accidents an attorney must closely examine log books; bills of lading; time cards, black box data; delivery receipts; meal receipts, and toll/EZ-pass documentation.Â This allows a timeline to be created for purposes pinning down times, speeds and rest periods.
The use of trucking industry experts, accident reconstruction experts, and mechanical engineers are vital to establish liability.Â The driver’s history, medical records and personnel file must also be obtained and reviewed to see if there is a history of similar conduct or accidents demonstrating the driver’s lack of careful operation.Â When driving a large tractor-trailer a heightened responsibility must be adhered to so that other drivers on the roadway are not victims of their negligence.Â Federal Regulations specifically, 49 C.F.R. 383, sets forth the standards that must be complied with in order to obtain a Commercial Driver’s License.Â The Federal Motor Carrier Safety Administration sets forth a multitude of regulations that must also be adhered to by the owners/operators of commercial vehicles, including but not limited to: Safety Fitness Requirements that must be met by drivers of Commercial Vehicles, 49 C.F.R. 385; Hours of Service that limit the amount of time a driver may operate a commercial vehicle and the hours of non-operation that must be adhered to on a daily basis, 49 C.F.R. 395; and Inspection, Repair, and Maintenance requirements that must be followed on a daily basis, 49 C.F.R. 396.
When dealing with situations surrounding trucking accidents experience matters. Call Cliff BidlingmaierÂ for your free consultation.
New Jersey highways are crowded with trucks, which are particularly dangerous vehicles. There are many reasons that trucks cause so many accidents, but New Jersey drivers should know that the law protects them from truck driversâ€™ negligence. If you are involved in an accident with a truck in New Jersey, you need to consult experienced Trenton truck accident attorneys immediately.
The risks of trucks on New Jersey roads
Many people think that a heavier vehicle is safer â€” and this is true for the driver of that vehicle. However, for anyone that vehicle encounters in an accident, the additional weight can be deadly. Unless you are yourself a commercial truck driver, you are unlikely to be on the advantaged side of an accident with a heavy truck. In fact, the degree of disadvantage can now be quantified. A new study from the National Bureau of Economic Research suggests that a one-thousand-pound increase in the weight of one vehicle in a crash will increase by 47 percent the likelihood of a fatality in the other vehicle.
New Jersey law does provide for the increased risk involved in accidents with trucks. Additionally, truck drivers, because they drive unusually long hours and under intense conditions, may be particularly at risk for sleep deprivation, distraction, substance abuse and poor vehicle maintenance. While New Jersey is generally a no-fault insurance state, meaning that claims for injury are limited, commercial trucks do not carry this kind of insurance.
It is possible to file a larger claim for pain and suffering against the insurer of a commercial truck, but only under specific circumstances. For the most part, death or very serious injuries â€” dismemberment, permanent disability or disfigurement, displaced fractures â€” are the only grounds for such a claim. Knowledgeable truck accident attorneys in Trenton can provide the legal guidance you need.
If you have been in an accident that involved a commercial truck in New Jersey and feel you are entitled to damages, you should be aware that such cases are not easy to prove. You will need expert testimony as to the driverâ€™s condition and to your own injuries. These are hurdles that require the services of a New Jersey personal injury lawyer.
Consult an expert personal injury lawyer to make your case
Trucks are a special case in New Jersey insurance law, and a particularly dangerous force on New Jersey roads. If you have been injured in an accident with a commercial truck, you may be entitled to compensation for pain and suffering. Yet such cases are difficult to make and to win. The personal injury lawyers of Kardos, Rickles, Hand & Bidlingmaier are experienced in New Jerseyâ€™s complex insurance laws and compassionate toward the needs of their clients. Contact us today for a consultation.
– See more at: http://www.krhblaw.com/2013/05/16/the-many-causes-of-new-jersey-truck-accidents/#sthash.rCjsFzME.dpuf