Truck Accident FAQs

Truck accidents can occur for a wide variety of reasons. These large and heavy vehicles are more difficult to operate than smaller vehicles on the road. The following are some of the most common reasons that truck accidents occur: 

1. Drunk driving accidents
2. Driving aggressively 
3. Speeding 
4. Poor weather conditions 
5. Poor road conditions 
6. Inexperienced drivers 
7. Driving while fatigued 
8. Improper loading of cargo
9. Mechanical failure; such as brake line failure 

The team at Camili & Capo, P.A. has the resources and experience to help you determine the cause of your accident. We will investigate your case thoroughly and gather the evidence to support it. 

In many cases, truck drivers work for truck companies. These companies own the trucks. They are responsible for the maintenance of the trucks and the driver’s schedule. The truck company can therefore be held liable for the truck driver’s actions, even if the truck company may not have committed the negligent act itself. This is the case under the legal theory known as vicarious liability. Under this theory, an employer can be held liable for an employee’s actions even when the employee acted negligently or recklessly while carrying out tasks related to their work. 

There are also instances where the truck company can be held directly liable for the accident. For example, if the company fails to carry out regular maintenance on the truck to ensure that it is safe to be on the highway. Companies can also be held liable for hiring truck drivers who are lacking in experience or have a record of dangerous behavior.

Yes. Some government entities own trucks, and these trucks can be involved in accidents while performing tasks on behalf of the government entity. When this happens, you can seek compensation for your damages directly from the government entity that owns the truck. 

It is important to note that filing a claim against a government entity is different from filing a claim against a private trucking company. You will need to file a report with the concerned government entity within 90 days of the accident. If you fail to file this report, the court will more than likely throw your case out. It is therefore important to get started with filing your claim as soon as possible after the accident. The team at Camili & Capo, P.A. will get started with your case right away.

Every truck accident is unique. The circumstances of your case are unique. There is also no formula that can be used to calculate compensation for accidents. It is therefore difficult to determine the exact amount that you will receive as compensation for your claim. 

The experienced New Jersey personal injury attorneys at Camili & Capo, P.A. can help you determine the approximate value of your case. We will review the circumstances of your case for free and help you identify the best approach to take to maximize your financial recovery.

Yes. New Jersey laws allow accident victims to recover compensation for their damages even when they were partly at fault for their injuries. However, your compensation will be reduced to reflect your level of fault in causing your injuries. For example, if you were 30 percent at fault for your injuries, you would receive 70 percent of the compensation that is awarded to you. Therefore, if you were awarded $100,000 in compensation, you would receive $70,000. 

However, if you were more than 50 percent responsible for your injuries, you will not be able to recover compensation for your injuries. You cannot recover compensation in a case where you were more at fault for the accident than the other party or parties involved. 

Talk to the attorneys at Camili & Capo, P.A. to determine the best approach to your case to maximize your financial recovery.