Atlantic City is one of the most visited places in the Garden State. If you have visited this beach town that has become famous for its beaches and casinos, you probably are familiar with the Atlantic City Expressway. Known locally as the “Expressway,” the Atlantic City Expressway is a 44-mile long toll roll that runs through three counties in Southern New Jersey. It also connects the Philadelphia Metropolitan area with Atlantic City and other New Jersey beaches.
It is no wonder that this particular road is one of the most traveled roads in the state. Whenever there are a lot of cars on the road, there are going to be accidents. In particular, when there is a direct route, more semi-trucks are likely to use that particular road. Unfortunately, when there is an accident involving a truck and a car, it is very likely that there are going to be severe injuries.
If you or a family member was injured in a truck accident in Atlantic County or the Atlantic City Expressway, you should consult with an experienced Atlantic County truck accident lawyer as soon as possible. The Reiff Law Firm is here to help you seek the compensation you deserve after a serious truck accident. Our firm has extensive experience litigating truck accident lawsuits, and we would be pleased to offer you our legal services. To schedule a free legal consultation to discuss your potential case, call the Reiff Law Firm at (215) 709-6940. You could also contact the firm online.
How Does New Jersey Define Auto Negligence?
As in most states, personal injury claims are based upon establishing negligence. Negligence in New Jersey is defined as a failure to exercise in the degree of care for the safety of others, which a reasonably prudent person would exercise under the same or similar circumstances. Negligence is a broad term under the law and may consist of doing an act, which the reasonably prudent person would not have done, or it may be the failure to do that which the reasonably prudent person would have done under the circumstances then existing.
When you are dealing with any personal injury claim, you will often see and hear the term “reasonably prudent person.” This legal term is meant to create a fake person who is not the most cautious person, nor is this fictitious person a person who is unusually bold, but rather a person of reasonable caution and prudence. This means that each driver who is involved in a car accident was required to exercise the foresight, the prudence, and the caution which a reasonably prudent person would exercise under the same or similar circumstances. You must determine whether each party accident if the other driver conformed to or departed from the standard of care.
Time Limits for Personal Injury Lawsuits in Atlantic City
When you have been involved in an auto accident, particularly one involving a truck, you should be aware that you do not have an infinite amount of time to file your case. All states have laws called statutes of limitations. These laws provide a deadline for you to file your lawsuit. Note, however, the amount of time a potential plaintiff is provided is subject to change depending on a number of circumstances. For example, the State of New Jersey may have different filing deadlines for personal injury lawsuits than New York. As a result, you should avoid making any hasty assumptions about the filing deadline for your case without speaking to a truck accident attorney first.
If you do not file your case before the time set forth in the statute of limitations or after the statute of limitations has run, then you will generally be barred from bringing a lawsuit against the driver as the case will be dismissed with prejudice. Many people wonder why it is so important to follow the statute of limitations. It is so important because if you miss filing your claim by even a day, the other driver may file a motion to have the case dismissed, and the court is very likely to grant their motion, and your right to compensation will be lost.
In New Jersey, the statute of limitations for personal injury lawsuits means that you have two (2) years from the date of the injury to go to court and file a lawsuit against those responsible for the injury. This means that if you are injured in an accident, you have two years to file a lawsuit against another driver.
Outside of the statute of limitations, there are a number of reasons why you should consider filing your truck accident lawsuit as soon as possible. One reason to file your case quickly is that the evidence you need to prove your case would be easier to collect soon after the accident. For example, if you require testimony from a witness for your case, waiting years to file your case could mean that an important witness could become unavailable or their memory could become hazy.
Another reason to pursue your case quickly is that you may be able to claim compensation sooner if you are successful in your case. Our firm is dedicated to fighting for you to explore your legal options to pursue damages for your injuries and other losses.
Liability for a Truck Accident in Atlantic County, NJ
If you were injured in a truck accident in Atlantic County, there are multiple parties that may be held liable for your injuries and losses. As expected, the most likely party that could be held liable for your injuries is the truck driver that caused the accident. Note, however, there are other parties besides the truck driver that could be held liable for a truck accident.
In many cases, a truck accident could be the fault of the employer through the doctrine of respondeat superior. The doctrine of respondeat superior states that an employer could be held vicariously liable for the actions of an employee. In order to impute the actions of an employee to an employer, the employee must behave negligently while performing tasks for the employer. For example, if a truck driver was driving while exhausted, and they caused an accident, the driver’s employer would be vicariously liable for the accident.
It is important to note that some companies may try to avoid vicarious liability by hiring truck drivers as independent contractors. Being designated as an independent contractor means that an employer will only have limited control over the day-to-day actions of the contractor. As a result, an employer could escape liability by claiming they did not have control over the actions of a truck driver when they caused an accident.
What Factors Contribute to Truck Accidents on the Atlantic City Expressway?
There are several factors that can lead to a truck accident in New Jersey. Despite truck drivers being trained professionals, they can make mistakes, which can result in accidents. The following factors have been noted to cause truck accidents in Atlantic City and on the Atlantic City Expressway:
- Fatigued and overworked trucker drivers
- Mechanical errors
- Sharp turns
- Falling asleep behind the wheel
- Driving under the influence
- Driver inexperience
If you are driving on the Atlantic City Expressway on your way to Atlantic City, any of these factors may lead to an accident involving you and a tractor-trailer. If you have been involved in a truck accident, you may be entitled to compensation, including reimbursement for medical costs, property damage, and for the pain and suffering following an injury or loss of a loved one.
Damages Available for Truck Accident Lawsuit in Atlantic County, NJ
When a plaintiff prevails in a truck accident lawsuit, they could be awarded damages for their injuries and other related expenses. However, before you could receive damages for your truck accident case, you must prove that the defendant was responsible for your injuries. Specifically, you will have to prove the following four elements of negligence to recover damages:
- The defendant owed the plaintiff a duty of care
- The defendant breached their duty of care to the plaintiff
- The plaintiff suffered injuries and other losses due to the actions of the defendant (e.g., ignoring traffic signals)
- The plaintiff sustained injuries that are compensable in a court of law
There are various types of evidence that you could use to prove your truck accident lawsuit. For example, if you could have testimony from witnesses or you could present pictures of the damage to your vehicle from the truck accident. Our firm could help you gather evidence that could increase your chances of winning your lawsuit.
Once you prove negligence, you could receive compensatory damages for your injuries. Compensatory damages could be divided mainly into two categories: economic losses and noneconomic losses. Economic losses are based on objective financial factors. Alternatively, noneconomic losses are calculated primarily based on subjective factors.
The following is a list of compensatory damages that a plaintiff could be awarded in a truck accident lawsuit:
- Medical expenses
- Loss of wages and future loss of wages
- Pain and suffering
- Loss of consortium
- Property damage
This is not an exhaustive list. In some cases, the court may see fit to award punitive damages. Punitive damages are awarded when the defendant has committed an act that is reckless or intentional. However, you should not assume that you could receive punitive damages without consulting an experienced truck accident attorney regarding the details of your case.
Contact Our Truck Accident Attorneys if You Were Injured on the Atlantic City Expressway
If you or a family member was seriously injured in a truck accident on the Atlantic City Expressway, you should speak with an experienced attorney for Atlantic City Expressway truck accidents. The Reiff Law Firm understands how the injuries from a truck accident could substantially affect a person’s life, and we would like to help you get your life back on track. To have our skilled truck accident attorneys review your case for free, please call the truck accident lawyer at the Reiff Law Firm at (215) 709-6940. You could also reach the firm by using our online submission form to schedule your free legal consultation.