How New Jersey Trucking Accident Laws Differ from Those of Regular Car Accident Cases

Not all accidents are the same. Crashes involving two passenger cars and crashes involving a passenger car and a larger vehicle (e.g., a commercial truck, semi, or government vehicle) may both result in catastrophic injuries, but the way they are handled in a personal injury lawsuit will differ greatly. The injuries are often worse, the stakes are higher, and the legal process is far more complex. 

If you or your loved one has been hurt in a trucking accident in New Jersey, know that these cases aren’t handled like ordinary car accident claims. What are the differences between car and trucking accidents in terms of your case? 

The Size and Force of Trucks 

A fully loaded semi can weigh up to 80,000 pounds. A passenger car usually weighs just 3,000 to 4,000 pounds. That imbalance of size and force makes truck accidents far more likely to cause catastrophic injuries such as traumatic brain injuries, spinal cord damage, amputations, or wrongful death. Because the harm is so much greater, the legal and financial stakes are higher too. 

Different Standards for Commercial Drivers 

Car accidents usually come down to one driver’s negligence, like speeding, texting, or running a red light. Truck drivers, however, operate under a much stricter set of rules. In addition to New Jersey traffic laws, commercial drivers and their employers must comply with federal regulations set by the Federal Motor Carrier Safety Administration (FMCSA). 

These include: 

• Hours-of-Service Rules: limits on how many hours a driver can operate before resting, to prevent fatigue. 
• Maintenance Requirements: trucks must be inspected and maintained according to strict schedules. 
• Stricter Driver Qualification Standards: minimum training and licensing requirements must be met before a driver can haul cargo. 

If a truck driver or trucking company violates these rules, such violations can serve as strong evidence of negligence in your case. 

Liability Is Also More Complicated 

Identifying all the responsible parties is a crucial part of your case. Why? Because catastrophic injuries often exceed the policy limits of just one insurance carrier. In a car accident, liability usually falls on the negligent driver and their insurance company. In a trucking accident, liability can extend much further. Potentially responsible parties may include: 

• The Truck Driver: for negligence behind the wheel. 
• The Trucking Company: for unsafe hiring practices, poor training, or pushing drivers past legal limits. 
• The Cargo Loader: if improperly loaded, cargo shifts and causes a wreck. 
• The Truck Manufacturer: if a defective part, such as faulty brakes or tires, contributed to the crash. 
• Government Entities: if the crash involved a municipal or state-owned vehicle, or if unsafe road conditions played a role. 

Bigger Insurance Policies Result in Bigger Battles 

Car accidents usually involve an insurance claim against another driver’s auto policy. The insurer may fight, but it’s still a relatively straightforward claim. 

Trucking companies, on the other hand, carry massive insurance policies that can be worth millions. These insurers have one goal: protect their profits by paying you as little as possible. 

You’re not just up against a single adjuster. You’re up against a team of corporate lawyers, investigators, and experts hired to minimize your claim. Some may even rush to the crash scene immediately to control the narrative. 

That’s why victims need legal representation that can match that firepower and fight for every dollar they deserve. 

Different Evidence Requirements 

Proving liability in a car crash often relies on witness statements, police reports, and photos. This evidence is still important to a trucking accident case, but there are many more things that can be used to prove negligence, including: 

• Black Box Data (Electronic Control Modules): These record speed, braking, and other driving behaviors at the time of the crash. 
• Driver Logs: These show how many hours the driver was on the road and whether they violated hours-of-service limits. 
• Maintenance Records: These reveal whether the truck was inspected and repaired as required. 
• Hiring and Training Documents: These show whether the company employed safe and qualified drivers. 
• Surveillance or Dashcam Footage: These may provide visual proof of what happened. 

Remember that trucking companies are not obligated to keep records indefinitely, and critical data can be lost or “misplaced” if action isn’t taken quickly. That’s why it’s important to contact a truck accident lawyer as early as possible, as their team will be able to secure and preserve this evidencet for use in your case. 

Government Vehicles Also Have Special Rules 

If the crash involves a government-owned truck or vehicle—such as a New Jersey Transit bus or a municipal utility truck—different legal rules can apply. These rules can include a notice of claim requirement. Before you can sue a government entity in New Jersey, you must file a notice of claim within 90 days of the accident (N.J.S.A. 59:8-8). Missing this deadline can bar your claim. 

There are also often damage caps in some cases against government entities, limiting how much compensation can be recovered. 

The Role of Comparative Negligence in New Jersey 

New Jersey follows a modified comparative negligence rule (N.J.S.A. 2A:15-5.1). This applies in both car and truck accidents. This means you can still recover damages if you are partially at fault, as long as you are not more than 50% responsible. If you are 51% or more at fault, you cannot recover compensation. 

In trucking accidents, determining fault can be more complicated because of multiple defendants. A skilled attorney can help demonstrate that most of the fault lies with the truck driver, company, or other entities. 

Trucking Cases Require Experienced Legal Help 

Taking on another driver after a car accident is one thing. Taking on a trucking company, a corporate insurer, or the government is another. The law is more complex; federal trucking regulations, state statutes, and insurance laws all come into play. The opposition is also stronger. Trucking companies and insurers fight aggressively to limit payouts. 

If you or your loved one has been injured in a trucking accident in New Jersey, don’t treat it like a “regular” car accident case. Get the guidance, resources, and advocacy needed to take on corporate defendants and secure the justice and compensation you deserve. 

At Eichen Crutchlow Zaslow, we fight for New Jersey families devastated by catastrophic truck and car accidents. Contact us today for a free, confidential consultation.