America’s trucking industry is the driving force in our nation’s economy. Truck drivers serve an important function in our society, however, long working hours, irregular shift and days off patterns can lead to driver fatigue. Even though truck drivers tend to be highly trained, they are involved in many accidents. Whenever there is an accident involving a tractor-trailer, the results can be more catastrophic. A typical, fully loaded commercial truck such as a big rig or dump truck can weigh at least 25 times as much as a typical car. Take the amount of weight of the truck and consider some of the speeds that they are traveling at, and you have a recipe for disaster. Due to this stark weight disparity and the basic laws of physics, most big rig truck accidents with other vehicles result in serious, even fatal, injuries. If you or a loved one is involved in an accident with a commercial truck, you may be entitled to recover compensation for your injuries by bringing a legal claim against the responsible parties.
Information about 295
Interstate 295 which is often abbreviated, as I-295. In New Jersey and Delaware I-295 is an auxiliary Interstate Highway, additionally it is designated as a bypass around Philadelphia, Pennsylvania. That being said, it is apparent that this road is well traveled and because of the amount of people that are on the road it is likely that an accident can happen. This road has areas where the speed limit is posted at 70 miles an hour. When you take into consideration the weight of a fully loaded truck in combination with such high speeds it is likely that if you are in an accident with a truck that the damages are going to be extreme.
Why do Commercial Trucking Accidents Occur on I-295 in New Jersey?
Commercial trucking accidents can occur for a variety of reasons. In some cases, a single factor can cause the accident. However, in most cases, more than one factor combines to the point where an accident becomes unavoidable. Common reasons for serious accidents involving semis, 18-wheelers, and other commercial trucks includes:
- Mechanical problems with the commercial motor vehicle (CMV) – Truck drivers and trucking companies have an obligation to conduct regular inspections on their trucks and on their trailers. However, some trucking companies are less meticulous with ensuring that their vehicles are in sound condition. Problems with a truck significantly increase the chances of a loss of vehicle control.
- Fatigued CMV driver – A fatigued driver is a hazard for all vehicles in the truck’s vicinity. Tired or exhausted drivers have slowed reaction times and can make poor decisions increasing the odds of a collision. While hours of service rules are supposed to minimize this risk, some drivers skirt or neglect this duty.
- Drunk or drugged truck driver – A commercial driver who drinks alcohol before getting behind the wheel or who takes illegal drugs or certain prescription drugs before driving greatly increase the odds of an accident. Intoxicating substances can impair decision-making and cause other effects making an accident more likely.
Despite the fact that many truck drivers are highly trained, accident happen to the best of us. At any given time on the highway, many different factors interact to affect risk, and many different types of failures can result in a crash. When an accident does occur, many people have questions when it comes to who is responsible for their accident.
Who Is Responsible?
When there is an accident involving a truck or multiple vehicles it is not always clear who is responsible amongst the tangle of metal on the road. However, in our experience that the following people tend to be the responsible parties when there is a truck accident.
- The truck driver themselves
- The owner of the truck or trailer
- The person or company that leased the truck or trailer from the owner
- The manufacturer of the vehicle, tires, or other parts that may have contributed to the cause or severity of the accident, and
- The shipper or loader of the truck’s cargo (in cases involving improper loading).
Because of the number of different people who may be involved with a single truck, it is likely that there are going to be multiple people that you are working within any single accident. After an accident, you may be vulnerable and injured, and the last thing you want to do is to fight with multiple people all of whom are trying to push blame on to someone else.
Time Limits on Personal Injury Lawsuits in New Jersey
If you have been injured while driving on I-295 in New Jersey you may be wondering how long do you have to file a case. Anytime there is an accident in New Jersey and you have been injured the law proscribes an amount of time that you have to file your claim. This is known as a statute of limitations. All states have imposed statutory limits on the amount of time you have to go to court and file a lawsuit after you have suffered some type of harm. These deadlines vary depending on what type of case you want to file, but in general this kind of law is called a statute of limitations.
In New Jersey, the statute of limitations for personal injury cases gives you two years from the date of the injury to file a lawsuit in the state’s civil court system. It is very important to understand and follow this rule. If you fail to get your lawsuit filed before the two-year window closes, the New Jersey civil court system will likely refuse to hear your case at any time in the future, and your right to compensation will be lost.
Contact an Experienced New Jersey Truck Accident Lawyer if you were injured on I-295
If you have been seriously injured by an unsafe truck or a careless or distracted commercial driver, you may have suffered serious injuries requiring substantial medical care and treatment. When facing these costs, it can be essential to hold the responsible party accountable for your injuries, rehabilitation costs, and other damages. To speak to one of the aggressive and determined lawyers of Reiff & Bily, call 800-896-6173 today or contact us online.