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truck accident

Montclair Truck Accident Lawyers

Truck accidents are on a whole other level than typical passenger vehicle crashes. The sheer size differential and weight of commercial vehicles, often up to 80,000 pounds, often lead to severe injuries, substantial property damage, and worse. The aftermaths can be more challenging as well, and you do not want to face them without trusted legal guidance.  

Even though truck drivers, trucking companies, maintenance providers, and manufacturers know the hazards that their vehicles pose to public safety, we see poorly maintained tractor-trailers and aggressive truck drivers every day on Montclair roads. When those entities do not meet their obligations and cause harm, we believe they should be held responsible for the damages caused.

The Montclair truck accident lawyers at Goldstein & Goldstein, LLP, a family-operated law firm, have been advocating for the rights of injured clients for decades. Truck accident claims are one of our practice areas, and we work closely with these clients, strategizing the best potential legal outcomes. We also believe in educating them about the many variables that apply to these crashes.

What Distinguishes Truck Accident Cases from Other Motor Vehicle Accidents?

Truck accident cases differ notably from standard motor vehicle accidents due to several factors. One is additional regulations and standards, like those enforced by the Federal Motor Carrier Safety Administration (FMCSA), which governs aspects like driver working hours and vehicle maintenance protocols. Violations of these regulations can significantly impact liability determination.

Next, the severity of injuries and damages in truck accidents is often greater, necessitating a comprehensive understanding of detailed medical and economic assessments to accurately evaluate claims. 

The potential involvement of multiple parties, including drivers, trucking companies, and manufacturers, adds a third of the challenges to these cases. Finally, if a large company owns the truck, they will have an imposing legal team to protect their interests. That is where our Montclair truck accident lawyers can be of service.

How Do Federal and State Regulations Impact Truck Accident Cases?

Truck drivers and companies must adhere to a complex framework of federal and state regulations designed to promote safety. Non-compliance with these regulations can significantly influence the outcome of accident claims.

For example, federal regulations limit the number of consecutive hours a driver can operate to reduce fatigue-related accidents. State laws may impose additional requirements on vehicle maintenance and operational practices. Violations, such as exceeding driving hours or neglecting maintenance schedules, can be pivotal in establishing negligence. 

How Does the Involvement of Multiple Parties Affect a Truck Accident Claim?

In truck accident cases, determining liability becomes more complicated when multiple parties are involved. Beyond the truck driver, responsibility may extend to the trucking company, vehicle or parts manufacturers, maintenance providers, or even cargo loaders. Each entity’s actions or negligence can contribute to the cause of an accident.

For instance, a trucking company may be held liable for inadequate training or unrealistic scheduling that leads to driver fatigue. Manufacturers could be accountable for defective parts, while improper loading by third parties might result in cargo shifts, causing accidents. Identifying all liable parties is vital for a comprehensive claim and requires meticulous investigation and legal analysis.

What Types of Evidence Are Vital in Truck Accident Investigations?

Our Montclair legal team conducts detailed truck accident investigations, gathering specific types of evidence to establish liability and support claims. This includes:

  • Driver Logs and Records: Documenting hours of service to check for compliance with regulations aimed at preventing driver fatigue.
  • Electronic Control Modules (ECMs): Also known as “black boxes,” these devices record data on the truck’s speed, braking patterns, and other operational metrics before the accident.
  • Maintenance Records: Verifying that the truck received proper and regular maintenance, as lapses can lead to mechanical failures.
  • Cargo Loading Documentation: Ensuring cargo was loaded and secured according to safety standards to prevent load shifts.

Collecting and analyzing this evidence requires legal proficiency and access to industry experts, underscoring the importance of engaging a law firm experienced in truck accident cases.

What Compensation Can Be Pursued in Truck Accident Cases?

Survivors of truck accidents may be entitled to various forms of compensation, depending on the specifics of the case. Commonly pursued damages include:

  • Medical Expenses: Covering current and future costs related to injury treatment and rehabilitation, like hospital stays and physical therapy.
  • Lost Wages: Compensating for income lost due to the inability to work during recovery.
  • Pain and Suffering: Addressing physical pain and emotional distress resulting from the accident.
  • Property Damage: Repair or replacement costs for vehicles and other personal property damaged in the accident.

A thorough legal assessment is necessary to accurately quantify these damages and advocate effectively for fair compensation.

What Challenges Might Arise When Pursuing a Truck Accident Claim?

Pursuing a truck accident claim presents unique challenges, including complex liability determination, aggressive defense strategies, and extensive documentation requirements. Identifying all responsible parties requires a detailed investigation and legal insight; trucking companies and their insurers often employ robust defense tactics to minimize liability and payouts. 

Additionally, gathering and analyzing substantial evidence, such as maintenance logs and electronic data, can be difficult, if not impossible, without legal assistance. Working with an attorney experienced in handling truck accident cases is critical for overcoming these obstacles and effectively pursuing rightful compensation.

How Does Goldstein & Goldstein, LLP Approach Truck Accident Cases?

Goldstein & Goldstein, LLP adopts a client-centered approach in handling truck accident cases, emphasizing personalized attention and diligent representation. We bring decades of experience to each case, focusing on thorough investigation and strategic advocacy. Our commitment to justice is reflected in our efforts to hold negligent parties accountable and fight for fair compensation for clients. 

We also work on a contingency fee basis. This means that our payment is contingent upon the outcome of the case—if you do not recover compensation, we do not receive a fee.

Goldstein & Goldstein, LLP: Experienced Montclair Truck Accident Lawyers Who Can Fight to Protect Your Rights

Serious truck accidents change lives forever, and you deserve a dedicated legal team who will fight to pursue justice for your damages. For a free consultation, contact Goldstein & Goldstein, LLP. Our Montclair truck accident lawyers are up for the task and will explain your legal options. To learn more, call our East Orange, New Jersey office at 973-675-8277 or submit our online form.

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