After a truck accident in New Jersey, it’s easy to point the finger at the truck driver. What if the real cause of the accident runs deeper? Determining liability isn’t always straightforward, so uncovering the truth could be key to your claim. In some cases, the trucking company may be responsible due to improper vehicle maintenance, overloading cargo, negligent hiring, lack of training or overworking drivers.
Understanding When a Trucking Company is Liable for a Truck Accident in New Jersey
Several parties contribute to truck safety, including trucking companies responsible for hiring drivers and other third parties to load trucks and ensure their vehicles are safe to operate per federal and state regulations. Therefore, a trucking company may be liable for an accident in the following circumstances:
Driver Error
Even if the truck driver’s error caused the truck accident, the trucking company may still be responsible for their employee’s actions. As long as the driver was acting in terms of their employment when the accident occurred, we can help you hold the commercial trucking company responsible for your economic and non-economic damages.
Improper Maintenance
Trucking companies must routinely inspect, maintain, and repair their vehicles. The Federal Motor Carrier Safety Administration and the State of New Jersey have regulations to ensure trucks are safe to operate on public roads. If a trucking company fails to comply with these rules or disregards recommended maintenance, we can help you hold them accountable by gathering evidence, including maintenance records, and building a strong claim.
Overloading or Insecure Cargo
While the truck driver is responsible for checking their cargo load before and throughout their drive, the trucking company may be liable for a crash caused by overloaded or insecure cargo if they fail to enforce regulations, provide proper training, or offer adequate equipment.
Negligent Hiring
In New Jersey, truck drivers must have a Class D driver’s license and a Commercial Driver’s License (CDL), pass the New Jersey MVC administered Class A test, and complete the CDL Holder Self-Certification document. If a trucking company hires drivers without these qualifications or with a history of traffic violations, they may be liable for an accident.
Overworking Drivers
According to FMCSA regulations, property-carrying truck drivers cannot drive over 14 consecutive hours after coming on duty but must have at least 10 hours off before driving again. Following 10 hours off duty, drivers can drive no more than 11 hours. They must also take a minimum 30-minute rest break every eight hours. A trucking company may be responsible for an accident if they overwork their drivers and encourage them to ignore these regulations, often leading to fatigue-related crashes.
