Our Family Has Given A Voice To The Injured For Over 50 Combined Years
Newark Truck Accident Lawyer
Trucking companies dispatch a rapid-response team to a crash scene within hours, sometimes within minutes. The evidence you need to prove your case starts moving in the wrong direction the moment that team arrives.
That evidence includes driver logs, ELD data, dashcam footage, and maintenance records. A Newark truck accident lawyer at Goldstein & Goldstein, LLP moves faster, sending preservation letters within days and reconstructing crashes with the technical precision commercial cases require.
Our family-owned personal injury firm has represented injured New Jersey clients since 1997 and handles truck cases along the I-78, New Jersey Turnpike, and Port Newark corridors. Reach our office through the online contact form for a free case review.
What Sets Our Newark Truck Accident Lawyers Apart?
Our Newark truck accident lawyers prepare every case for trial from the day it opens, because commercial trucking insurers negotiate differently with firms that are ready to try the case.
Goldstein & Goldstein, LLP is a family-owned personal injury firm operating in New Jersey since 1997, with four attorneys and more than 50 combined years of trial work.
Michael J. Goldstein is a New Jersey Supreme Court Certified Civil Trial Attorney, a designation held by a small share of attorneys in the state.
Richard Goldstein, his father and partner, brings decades of complex injury litigation to every truck case the firm accepts. Both partners work on cases directly, without handing them off after intake.
Truck injury cases often involve fractures, spinal damage, leg injuries, and long recoveries that outrun a patient’s health insurance limits.
Our established treating-doctor network handles injured clients on a treatment lien, so imaging, orthopedic care, and physical therapy proceed without waiting on the claim.
That access matters more in commercial truck cases than most, because injury severity and treatment costs escalate quickly.
Our Newark commercial truck injury caseload includes:
- Tractor-trailer and 18-wheeler collisions involving interstate freight carriers
- Port Newark cargo truck and container hauler crashes
- Delivery truck and box truck collisions on Newark surface streets
- Tow truck, garbage truck, and construction vehicle injury cases
- Wrongful-death claims arising from commercial motor vehicle crashes
Intake is available in English, Spanish, and Haitian Creole, and we accept commercial truck cases on contingency, so nothing is owed unless we recover money for you.
Who Can Be Held Liable in a New Jersey Truck Accident Case?
Liability in a New Jersey truck accident case often extends well beyond the driver. Multiple parties may share responsibility depending on the cause of the crash, and identifying every potentially liable party expands the insurance coverage available to pay for injuries.
The parties most often named in a Newark commercial truck injury claim include:
- The truck driver, for negligent driving, fatigue, distraction, or intoxication
- The motor carrier that employed or contracted the driver, for negligent hiring, training, supervision, or dispatching
- The broker or freight forwarder that arranged the load, in limited cases where negligent carrier selection contributed to the crash
- The shipper or cargo loader, if improperly secured or overloaded cargo caused the crash
- Truck maintenance contractors, if brake, tire, or steering failure resulted from negligent service
- The truck or component manufacturer, if a defective part contributed to the crash
Different defendants may have separate or overlapping insurance coverage, so identifying every potentially liable party can help determine what coverage may be available for the claim.
Identifying all parties whose conduct contributed to the crash may provide additional sources of recovery when a client’s damages exceed the coverage available from a single defendant.
How Do FMCSA Hours-of-Service Rules Affect Your Truck Accident Claim?
Federal Motor Carrier Safety Administration (FMCSA) hours-of-service rules limit how long a commercial truck driver may drive and remain on duty.
Hours-of-service violations may provide important evidence of negligence by the driver and, depending on the carrier’s own conduct, may also support claims against the motor carrier.
The FMCSA hours-of-service rules for property-carrying commercial drivers set the following limits.
| Rule | Limit |
|---|---|
| Maximum driving time | 11 hours after 10 consecutive hours off duty |
| Maximum on-duty window | 14 consecutive hours |
| Required rest break | 30 minutes after 8 cumulative hours of driving |
| Weekly on-duty limit | 60 hours in 7 days, or 70 hours in 8 days |
Since 2017, most commercial trucks have been required to record driving time through an Electronic Logging Device (ELD), which reduces the ability of drivers or carriers to falsify paper logs.
A driver who exceeded these limits, or a carrier that pressured a driver to run past them, faces stronger negligence exposure in any resulting lawsuit.
What Is Black Box Evidence in a Truck Accident Case?
Commercial trucks may contain several sources of electronic evidence. An Electronic Logging Device (ELD) primarily records a driver’s hours-of-service and duty-status information, while an Event Data Recorder (EDR), engine control module, or other onboard system may record data such as vehicle speed, braking, throttle position, and other information surrounding a crash.
That data often decides fault. Depending on the truck and its onboard systems, investigators may be able to recover information about speed, braking, throttle use, and other vehicle activity before the collision.
Federal rules require carriers to keep hours-of-service records and supporting documents for six months, and some carriers overwrite or lose other digital records sooner if a preservation demand is not received in writing.
Retention of dashcam footage, if the truck was equipped, is often even shorter, sometimes 30 days or less. Waiting until formal discovery in litigation is usually too late. By that point, the digital record of the crash is often already gone.
How Does a Spoliation Letter Protect Evidence in a Truck Case?
A spoliation letter is a formal written demand to the trucking company and its insurers to preserve specific categories of evidence after a crash.
Sending a preservation letter promptly puts the trucking company and other recipients on notice that relevant evidence must be preserved. If evidence is later destroyed after a duty to preserve arose, the court may consider sanctions or other remedies depending on the circumstances.
Evidence commonly requested in a Newark truck accident spoliation letter includes:
- ELD data, driver logs, and dispatch records for the trip and the preceding week
- Post-crash drug and alcohol test results required under federal regulations
- Driver qualification files, hiring records, training records, and prior disciplinary history
- Truck maintenance, inspection, and repair records, plus any records tied to defect complaints
- Dashcam footage, forward-facing camera footage, and any GPS telematics data
Without a preservation demand, much of this material disappears through routine document retention. With one on file, the trucking company faces real risk if the evidence is not produced when the case moves to litigation.
Where Do Newark Truck Accidents Happen Most Often?
Newark truck accidents concentrate around the freight corridors that move cargo in and out of Port Newark and Newark Liberty International Airport. Three routes generate most of the commercial truck injury claims we handle in the area.
- Port Newark and the terminal access roads, where container traffic mixes with local vehicles on narrow feeder streets like Corbin Street and Doremus Avenue
- Interstate 78 and the Newark Bay Extension, a heavy freight artery where high-speed lane changes and merging cargo trucks lead to sideswipe and multi-vehicle crashes
- The New Jersey Turnpike (I-95) through the Newark stretch, including the interchanges near Exits 14 and 15, where port-bound truck traffic creates dense mixed-use conditions
- McCarter Highway (Route 21), where delivery trucks feeding downtown businesses share a corridor with commuter traffic during peak hours
Local knowledge of these corridors helps a Newark 18-wheeler accident lawyer identify which surveillance systems, traffic cameras, and business witnesses to reach out to before the record is lost.
What Damages May You Recover in a New Jersey Truck Accident?
A New Jersey truck accident victim may recover economic damages for measurable losses and non-economic damages for pain, permanent limitation, and reduced quality of life. Severe injuries common in commercial truck cases often push damages well beyond what standard car accident claims produce.
Damages available in a New Jersey commercial truck injury case often include:
- Medical treatment, past and future, including surgery, rehabilitation, in-home care, and assistive devices
- Lost income and reduced earning capacity, especially where injuries prevent return to the same line of work
- Pain, suffering, and permanent limitation, calibrated to injury severity and long-term prognosis
- Wrongful-death damages, including qualifying financial losses resulting from the death, such as lost financial support and the economic value of services, care, guidance, and companionship the deceased would have provided
- Punitive damages, in rare cases where clear and convincing evidence establishes conduct meeting New Jersey’s heightened standard for punitive liability, which may include particularly egregious or willful safety violations
The value of a truck injury claim often turns on the completeness of medical documentation and the strength of expert testimony on future losses. Both start on day one of the representation.
How Long Do You Have to File a Truck Accident Claim in NJ?
New Jersey gives injured truck accident victims two years from the crash date to file a personal injury lawsuit under N.J.S.A. 2A:14-2. Missing that window ends most cases, no matter how strong the underlying facts.
Wrongful-death claims from a Newark commercial truck crash follow a separate two-year deadline. Cases involving a public entity, such as a state or municipal vehicle, trigger a much shorter notice window under the New Jersey Tort Claims Act, which requires written notice within 90 days.
Two years feels like plenty of time until you look at what a commercial truck case demands. Evidence gathering, treatment through maximum medical improvement, expert retention, and pre-suit demand letters routinely eat 12 to 18 months before a lawsuit is even filed.
Waiting six months to speak with a truck accident attorney in New Jersey leaves less room than most people realize.
FAQs for Newark Truck Accident Lawyer
What if the truck driver who hit me was from out of state?
Yes, our firm handles Newark truck accident cases where the driver or trucking company is based outside New Jersey. An out-of-state driver or trucking company can still be sued in New Jersey when the crash and the defendant’s contacts with the state support New Jersey jurisdiction. Interstate motor carriers are also subject to federal process-agent requirements that can facilitate service of legal papers.
Is it a good idea to talk to the trucking company’s insurance adjuster before hiring a lawyer?
No, speaking with the trucking company’s insurance adjuster before hiring a lawyer is generally not a good idea. Adjusters for commercial motor carriers are trained to obtain recorded statements that limit liability exposure. Even a routine-sounding question about how you feel today may be used later to argue your injuries are minor.
What if I was partly at fault for the Newark truck crash?
Yes, you may still recover damages if you were partly at fault for a Newark truck crash, under New Jersey’s modified comparative negligence rule. You may recover as long as you were not more than 50% responsible, and any award is reduced by your percentage of fault.
How is the settlement value different in a truck case versus a car accident case?
Settlement values in truck cases are typically higher than car accident cases because injuries tend to be more severe, and commercial motor carriers hold much larger insurance policies. Federal minimum liability coverage for most interstate freight carriers is $750,000, and many carriers carry $1 million or more.
What if the truck driver died in the crash?
Yes, a Newark truck accident case may still proceed if the driver died in the crash, because primary responsibility often rests with the trucking company under the doctrine of respondeat superior. The company remains liable for its driver’s on-the-job negligence, and its insurance coverage responds regardless of the driver’s status.
Take the Next Step With a Newark Truck Accident Lawyer
Richard Goldstein, Truck Accident Attorney
The first weeks after a Newark truck crash can decide the outcome of your case. ELD data, dashcam footage, and driver logs disappear on retention schedules the trucking company sets. The corporate defense team already has counsel on scene by the time most families finish talking to the emergency room doctor.
At Goldstein & Goldstein, LLP, our Newark truck accident lawyers act quickly to preserve evidence, investigate the collision, and build the case for compensation.
We work with accident reconstruction professionals and medical experts when needed and help injured clients access appropriate medical treatment. Our firm has represented injured New Jersey clients from its East Orange office since 1997.
Reach out through our online contact form for a free case review. We offer intake in English, Spanish, and Haitian Creole, and a partner personally reviews every new commercial truck injury case.
Our Main East Orange Office
60 Evergreen Place
Suite 502
East Orange, NJ 07018
