Legal Advice During Challenging Times

Truck Accident Attorney In New Jersey

The sheer size and weight of commercial vehicles make truck accidents some of the most devastating events on New Jersey roads. If you or a loved one has been injured, the path to recovery can feel overwhelming, especially if you are concerned about your immigration status.

At The Law Offices of Franklin S. Montero, we offer the legal support you need during this difficult time. Our truck accident attorney in Clifton, Franklin Montero, can help you understand your options to secure compensation. We are highly responsive, and we will fight for the justice and compensation you deserve. Call 973-869-5556 for a free initial consultation. Se habla español.

Different Types Of Truck Accidents

There are different types of truck accidents, and each one requires a specific legal strategy to identify every responsible party. These include:

  • 18-wheeler accidents: These involve massive tractor-trailers that require a significant distance to stop and have large blind spots.
  • Jackknife accidents: These occur when a truck’s trailer swings out, often sweeping across multiple lanes of traffic.
  • Rollover crashes: Large trucks can tip over during sharp turns or high winds, creating a massive hazard for surrounding cars.
  • Underride collisions: These dangerous accidents happen when a smaller vehicle slides underneath the back or side of a truck trailer.
  • Delivery van accidents: Increasing traffic from e-commerce has led to more crashes involving local delivery trucks in residential areas.

We recognize that for our immigrant and undocumented clients, these accidents bring an extra layer of stress. Our firm handles the complex details of the claim so you can focus on healing, ensuring your status is never a barrier to seeking legal relief.

Understanding The Dangers Of Truck Accidents

The physical force of a truck weighing up to 80,000 pounds means that even low-speed collisions result in catastrophic damage. Unlike passenger cars, trucks take much longer to stop and are prone to mechanical failures like brake overheating or tire blowouts.

Common injuries include traumatic brain injuries (TBI), spinal cord damage, broken bones and severe internal trauma. These injuries often require long-term medical care and result in significant time away from work, putting immense financial strain on your family.

Truck accidents rarely come from a single mistake. Many involve decisions made by drivers, carriers and other companies before the crash happens. Common causes include:

  • Driver fatigue: Tired drivers may react slowly or make poor decisions, especially when demanding delivery schedules encourage longer hours behind the wheel.
  • Distracted driving: Drivers may lose focus when using phones, checking dispatch screens or handling other tasks while driving.
  • Speeding and tailgating: Drivers of these massive vehicles have less time to react or stop safely when traveling too fast or following other vehicles too closely.
  • Poor maintenance: Worn brakes, bald tires or faulty lights may make it harder for drivers to stop, see hazards or maintain control.
  • Improper loading: Overloaded or unbalanced cargo may shift during transit, making the truck harder to control and increasing the risk of a rollover or jackknife.
  • Inadequate training: Trucking companies may increase collision risks when they hire drivers without proper qualifications or fail to provide adequate training.
  • Impaired driving: Alcohol, drugs or certain prescription medications may affect a driver’s judgment, reaction time or coordination.
  • Hazardous weather: Rain, ice and high winds may make driving more dangerous when drivers fail to reduce their speed or adjust to road conditions.

When we review a truck accident claim, we look closely at each of these factors. Our goal is to understand what happened so you can pursue fair compensation for your injuries and losses.

Questions Clients Are Asking Our Truck Accident Lawyer

Trucking laws involve federal regulations that can be confusing for victims. Below, we provide clear answers to help you understand how these personal injury cases work in New Jersey.

Who is liable in a truck accident?

Liability may fall on the truck driver, the trucking company, the maintenance provider or even the person who loaded the cargo.

How much are most truck accident settlements?

Settlements vary based on the severity of the injury and the insurance policies available. Truck claims have higher values due to the extent of the damage.

Can I sue for injuries after a jackknife truck accident?

If the driver’s negligence or a mechanical failure caused the trailer to swing, you have a right to pursue a claim for your injuries.

What evidence helps support a personal injury claim?

Photos of the scene, medical records, witness statements and the police report all play an important role. Trucking companies also maintain driver logs, maintenance records and electronic data recorders from the vehicle. We act quickly to request and preserve this evidence so it remains available to support your claim.

What deadlines apply to filing a lawsuit?

In New Jersey, you generally have up to two years from the date of the accident to file a personal injury lawsuit. However, if your crash involved a government vehicle, public agency or municipal entity, special state notice rules require submitting a formal written notice — often within as little as 90 days — or you could lose your right to recover damages.

Can undocumented immigrants pursue compensation?

Yes. In New Jersey, your immigration status generally does not prevent you from seeking compensation for injuries caused by someone else’s negligence. You may still pursue recovery for medical bills, pain and suffering and other personal losses. While certain financial claims like future wage loss can involve additional legal requirements, you maintain important legal protections regardless of your citizenship or immigration status.

What is vicarious liability?

Vicarious liability means an employer may be held responsible for an employee’s negligence when the employee acts within the scope of their job. For example, a trucking company may be liable if its driver causes a crash while doing assigned work. The company may also face direct liability for its own negligence, such as poor hiring, inadequate supervision, poor training or improper truck maintenance. These are separate grounds for holding the company responsible.

What if the truck driver was uninsured or underinsured?

You may still have options if the driver’s insurance cannot cover your losses. The trucking company may have its own insurance, and other parties may share responsibility for the crash. Standard New Jersey auto policies include uninsured motorist (UM) coverage, which may help if the at-fault driver has no insurance. However, optional basic policies may not include this coverage. Underinsured motorist (UIM) coverage may help if you chose this option and your policy limits are higher than the at-fault driver’s limits. An attorney can review your policy and help identify possible sources of compensation.

Why are truck accident lawsuits so complex?

Truck accident claims often require a close look at the crash, the driver and the trucking company. Attorneys may review driver logs, inspection reports, repair records and safety practices to find signs of fault. Accident experts can help explain how the crash happened, while medical experts can assess your injuries and future care needs. This evidence can help show who was at fault and how the crash affected your health, work and income.

Seek Compensation For Your Truck Accident Injuries

You do not have to carry the burden of a truck accident alone. We offer the support of our truck accident lawyer, who understands both the legal and personal challenges you face in Clifton. Call us today at 973-869-5556 or fill out this form to set up a free consultation. Se habla español.