Delivery Truck Accidents in Kearny

Delivery trucks are a common sight on the roads and highways around Kearny. Their constant presence means more traffic and more chances for accidents to happen. When a delivery truck is involved in a crash, the injuries can be severe, and victims may struggle to figure out what steps to take next. If you’ve been hurt in a delivery truck accident, understanding your legal rights and options can go a long way toward getting the compensation you need. Contact the knowledgeable Kearny truck accident lawyers at Brady Reilly & Cardoso, LLC for assistance today.

Who is Responsible For Paying Damages in a Delivery Truck Accident Claim?

Figuring out who must pay for damages after a delivery truck accident can be complicated, but it’s so important. Below are some of the parties that could be held responsible.

The Delivery Driver

It’s common for the delivery driver’s negligence to play a direct role in the crash. Speeding, driving while distracted, or disobeying signs may put full or partial blame on the individual behind the wheel. If this is the case, an injured victim can hold the driver personally liable.

The Delivery Company

Many delivery drivers work for larger companies, which could be held responsible for the actions of their employees. These businesses are also expected to provide proper training, maintain their vehicles, and ensure safe driving practices. If they fail in any of these duties, the company can often be named in a lawsuit.

Third Parties

If vehicle parts fail or if a maintenance company doesn’t do its job correctly, liability may also extend to those third parties. In some cases, the fault could lie with the truck manufacturer for a defective design or faulty equipment. Proving this form of liability often requires expert analysis and a deeper look into the vehicle’s history.

The Victim

Sometimes, the person injured in a delivery truck accident may share some responsibility for the crash. If they were speeding or texting while driving, for example, a court might assign them a portion of the blame. Even if a victim is partially at fault, they may still be able to receive compensation because of New Jersey’s comparative negligence laws.

2A:15-5.1. Contributory negligence; elimination as bar to recovery; comparative negligence to determine damages

Contributory negligence shall not bar recovery in an action by any person or his legal representative to recover damages for negligence resulting in death or injury to person or property, if such negligence was not greater than the negligence of the person against whom recovery is sought or was not greater than the combined negligence of the persons against whom recovery is sought. Any damages sustained shall be diminished by the percentage sustained of negligence attributable to the person recovering.

If a victim is found to be partially responsible for a delivery truck crash, they can still recover damages as long as they are less than 51% responsible. Their total recovery would be reduced by the percentage of fault assigned to them. If they’re found to have contributed more than 50% to the accident, they will be barred from recovering any compensation at all.

How a Lawyer Can Help After a Delivery Truck Accident

A Kearny car accident lawyer can help you in many ways when you’re seeking compensation after a preventable wreck. They handle the many details involved in a delivery truck accident claim, like investigating the crash, interviewing witnesses, and gathering evidence. This allows you to focus on your recovery while a trained professional fights for fair compensation.

Competent legal counsel also knows how to negotiate with insurance adjusters, fighting back against unreasonably low offers. Working with a lawyer will almost always lead to a better settlement than if you tried to handle the claim alone. For help after an accident, contact us today to schedule a free consultation.