What to Do If You’re in an Accident with a Delivery Truck in New Jersey

New Jersey being one of the most densely populated states requires an enormous amount of goods and services delivered to warehouses, malls, shopping centers, stores, and homes.   For the most part, deliveries are made by sellers, shippers, or truckers in various sized vehicles.   The bad news is that because of the size of delivery trucks, they often cause more property damage and more injuries, but there is an upside as well.  You need to know the following:

• Truck Companies are generally 100% responsible for their employee’s carelessness.
• Trucks are required to carry higher insurance, and established companies often carry millions of dollars of insurance to pay their losses.
• The Limitation of Lawsuit Threshold, also known as the Verbal Threshold that most drivers have DOES NOT APPLY with truck collisions. You can receive full compensation for all personal injuries whether permanent or not.
• The commercial carrier, shipper, or delivery company is responsible for their driver’s carelessness.
• Companies may be sued for hiring drivers with bad driving records if they should have known that a delivery truck accident was foreseeable.
• Companies like Amazon, UPS, DHL, FEDEX, and the US Postal Service encourage safety but put pressure on drivers to make deliveries on time causing drivers to rush, and skip needed breaks as required by law.
• Delivery Trucks often
• There are lawyers at Davis, Saperstein & Salomon, PC. that are experts in suing delivery truck, drivers, owners, and shippers.

New Jersey, also being a corridor state, meaning that trucks regularly travel through the state on the New Jersey Turnpike, I-80, I-287, Routes, 4,9, 10, 17, 22, 23, etc. to get to New York, Pennsylvania, and Delaware.

Perhaps you’ve seen them zipping at break-neck speeds through your neighborhood. Not the newly licensed teenagers. It’s the delivery drivers buzzing across town to make a deadline. Your jaw drops as they’re scooting around parked cars, not quite pausing at the stop sign, screeching as they approach their appointed destination… You tell yourself it’s an isolated incident and, after all, these delivery drivers have a great deal of training and experience.

As America’s insatiable appetite increases to order everything out and get it delivered instantly, pressure mounts on delivery drivers to win the race. Retailers focus on speed – who can consistently get packages to their destination the fastest. For instance, Amazon requires its last-mile drivers to be on time in 999 out of 1,000 deliveries, according to a New York Times report delving into the company’s fast shipping promise while skirting its legal responsibility for accidents.

In the midst of COVID-19, the situation has only gotten worse. Shortages of everything from toilet tissue, yeast, ground beef, and hand sanitizer, place mounting pressure on delivery drivers. Pressure like this pushes retailers and delivery drivers to cut corners and take chances on the road. Most are hard-working, responsible individuals with a strong commitment to safety. Others, however, are so committed to beating the clock they fail to recognize the grave danger their vehicles can create – and they should be held accountable for their reckless behavior.

Hit By a Delivery Truck? Here is What to Do Next.

Being injured in a collision with a delivery truck can be devastating and have long-term consequences. You’ll need a well-versed New Jersey truck accident lawyer. Our firm, Davis Saperstein & Salomon, is a personal injury law firm of 28 attorneys serving New Jersey and New York. Check out our website and read a few of our verdicts and settlements. We have recovered over $740 million for our clients. You may find some that resonate with you at this pivotal point in your life.

Be aware that what you do, and don’t do, in the moments, weeks, and months after being injured in a delivery truck accident can be critical. In fact, it can impact your physical recovery as well as your legal recovery.

Here are some tips to consider:

• Get medical care. It should be your top priority. Not only does it impact your physical well-being, it also documents your injuries. If your doctor or hospital orders tests, therapies, or other care, follow their instructions. It can give you the best shot at regaining your health and improve the odds of a successful claim.
• Their Claims Representatives are not your Friends. Do not talk to their claims adjusters without getting advice from a skilled injury lawyer.  Do not sign any releases or papers without having a lawyer look at it first.  If you agree to accept payment for property damage, be sure to sign the release and settlement check as follows:  “FOR PROPERTY DAMAGE ONLY.”
• Avoid using social media. Social media platforms like Snapchat, Twitter, Instagram, and Facebook are ideal ways to stay in touch, but posting to them can harm your case. Ask your truck accident attorney to advise you on this matter. It may be best to deactivate your account while your case is being litigated.
• Keep a diary. Your days of recovery may blend together. You may forget some important details. Grab a notebook or start an online journal to document your life after the accident. Include notes about pain and suffering, how your injury has impacted your everyday routine or kept you from doing things you enjoy, and the time you’re missing from work. Also, write down your detailed account of the accident. Your journal can provide you and your truck accident attorney with valuable evidence to help your case long after your memories have faded.

Determining Liability in a Crash With a Delivery Driver

Determining liability in an accident involving a commercial delivery driver can be complex. You may be able to file a lawsuit against the individual driver or the employer of the driver – FedEx, Amazon, or UPS, for instance. However, if the company hires independent contractors to drive its vehicles, it may not be liable for the contractor’s actions. Although, simply calling someone an “independent contractor” doesn’t make them one. If the facts show that the driver was actually an employee in all but name, then the employer may nevertheless be liable.

Skilled legal counsel can guide you through these complexities, since determining fault can be difficult.

In recent years, some retailers have found ways to skip out on assuming liability for their drivers’ actions. Amazon is the largest and most notable, using independent contractors who agree to hold Amazon harmless in case of accidents. If the driver of the delivery truck is an independent contractor, he or she is self-employed and not a direct employee of the delivery company. In this situation, you can sue the driver, but your attorney will want to look at any other parties who may be involved, such as a truck leasing company.

There is a chance the company that hired the independent contractor could still be liable, depending on the details of the accident and how the driver’s contract was written. Some contracts use language stating that a company is not responsible for driving negligence, but the company does have a right to control certain driver actions. If this is the case, a jury may find a company responsible for the independent contractor’s negligence.

Federal laws and regulations govern almost every aspect of commercial truck driving. Your chance of proving negligence greatly increases when an investigation uncovers violations of these laws. An attorney who understands both federal and state laws is crucial to a case involving a commercial truck.

Delivery Truck Collision Statistics

The trucking industry is consistently on the rise. Truck transport is one of the most suitable ways to get goods across the United States. In fact, about 70% of all products reach their destination via truck.

Wrecks involving big rigs and delivery trucks are a serious and growing problem. It’s estimated that by 2030 it will become the fifth-largest cause of death in the U.S. Statistics from Policy Advice and the Centers for Disease Control highlight disturbing trends:

• A 52% increase in these accidents has been noted since 2009.
• 74% of all fatal passenger vehicle cases include a large truck.
• Tire defects account for around 30% of all truck-related accidents.
• Most of these accidents occur during the day — between noon and 3 p.m.
• 68% of all truck fatalities are passenger vehicle occupants.
• More than 1 in 3 long-haul truckers have experienced a severe truck crash in their career.

When to Contact a Delivery Truck Accident Lawyer

If you have been hit by a delivery truck, commercial vehicle, tractor-trailer, or any other vehicle, act immediately before evidence is lost or covered up. Contact Davis Saperstein & Salomon, P.C. a law firm where we devote all our available resources to fight on behalf of injured people. It’s all we do.

With our aggressive, leading-edge approach, we’ll help you fight for your legal rights. It’s worked well for the more than 30,000 accident victims and their families we’ve represented since we opened our doors in 1981.

Be assured our team of attorneys will listen attentively, research meticulously, and guide you toward the just resolution of your case. You’ll be relieved to know you owe us nothing unless and until we recover funds on your behalf.

Get in touch now for a free claim review and discussion of your best legal options.

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Top 7 Causes of Boating Accidents in New Jersey

In Jersey, Spring often means to many of us the beginning of boating season. We, “Garden Staters,” enjoy taking to the water as a great way to relax and have fun with friends and family; however, boats are dangerous when they’re not handled properly – and if other boaters are negligent, too. Too often people on boats, whether a passenger or swimmers, or operators suffer boat-related injuries on our waterways, whether it be on Lake Hopatcong, the Jersey shore, or our many rivers, including the Hudson.   

When we hear the word accident, we mostly think in terms of automobile collisions. The fact is, in New Jersey, negligent boating operation occurs more often than one would think. 

These collisions are not accidents. They are acts of negligence that can often result in dire consequences to the victim.  

In New Jersey, boat-related injury cases are handled the same way as a car or trucking accident. There is one critical decision that makes a big difference. It is best to hire an experienced boating accident lawyer with a proven success record. That means you should hire a lawyer who is licensed to operate a boat and has completed and passed the boat safety course and test.  

As in any negligence case, your chosen attorney must prove the following four elements:

1. Duty; to exercise reasonable care on the part of the careless boat operator
2. Breach of Duty; meaning that the at-fault operator was negligent.
3. Proximate causation; meaning that their negligence caused injuries
4. Damages: The accident victim suffered physical, emotional, and economic losses, including medical expenses, disfigurement, pain, and suffering. 

In fact, a report from the U.S. Coast Guard stated that there were 4,158 boating accidents across the country in just one year. These accidents resulted in 2,613 injuries and 626 deaths, along with $42 million in property damage. Some of the most common causes of these tragic incidents are listed below.

If you have been injured in a New Jersey boating accident, the personal injury lawyers at Davis, Saperstein & Salomon, P.C. want to help you. Our boating accident attorneys have helped our clients recover more than $740 million in compensation for all types of injury cases since we opened our practice in 1981. Our team of highly skilled lawyers is prepared to work tirelessly to pursue the money you deserve to rebuild your life after a boating accident. 

We have the experience of representing an injured pedestrian on a boat that went to trial in Bergen County which resulted in a multimillion-dollar jury verdict.  

If we take your case, you don’t owe us any fees unless and until we collect compensation on your behalf. To learn more, call us or visit our contact page for a free initial consultation.

1. Operator Inattention

Failure to observe and avoid boats or other watercraft ahead and to make appropriate directional adjustments to avoid collision with another boat or swimmer is a common cause of a boating accident.  

At first, handling a boat on the water seems easier than driving a car. There are generally fewer boats on a body of water than there are cars on a highway. You have more room to maneuver. However, just like with cars, it’s important for anyone driving a boat to pay attention to the vehicle they’re handling and the surrounding environment. 

Sudden shifts in the weather, turbulence in the water due to passing boats, unexpected rocks, and other environmental hazards, as well as other boats on the water – are just a few of the things that operators need to watch out for while boating. If boat operators aren’t paying attention and engaging in negligent reckless behavior, it’s very easy for an accident to occur and someone to be injured as a result.

2. Excessive Speed

It can be fun to drive any vehicle fast, and that includes boats. Speeding may seem like less of a problem on a boat. There’s generally more room to maneuver and there are fewer obstacles. But speeding while boating can be extremely dangerous. Speeding makes it harder to avoid obstacles or other boats. It also increases the likelihood of a capsize accident if you have to make a sudden turn. 

Boat captains need to warn passengers walking about their vessel when they decide to suddenly accelerate their watercraft. Sudden, sharp turns can throw passengers overboard at high speeds, injuring or drowning them in the water. Failure to appropriately adjust speed to conditions while boating or making calm, controlled maneuvers pose safety hazards to everyone on the water.

3. Alcohol Use

Just like with cars and other vehicles, drinking and driving a boat is a dangerous combination. Drinking slows your reflexes and cognition, making it harder to recognize oncoming hazards and react to them in time. According to data from the Coast Guard, in just one year there were 330 boating accidents nationwide in which alcohol was a contributing factor, leading to 279 injuries and 128 deaths. 

It’s also important to know that just as there are penalties for drinking and driving a car, there are legal consequences for drinking while operating a boat. These penalties include fines, the loss of your driver’s license and boating privileges, and potential jail time for repeat offenses.

4. Force of Waves/Wake

It’s important to stay alert while boating to watch out for strong waves or the wake from passing boats. The wake from a large boat passing closely by is sufficient to make another boat rock on the surface of the water. If the boater isn’t paying attention, the wake can cause the boat to overturn or lead to passengers being thrown overboard. 

Even if there are only a few other boats on the water, the force from strong waves can also lead to an accident if a boat strikes the waves at the wrong angle. Especially strong waves can even knock passengers over the side of a boat, putting them at risk of drowning. A safe boater knows how to negotiate large waves to maximize stability. 

5. Machinery Failure

Boats are complicated machines made up of thousands of parts and systems that need to be in good condition for the occupants to be safe. Regular maintenance and safety inspections are key to making sure everyone stays safe and has fun out on the water. In particular, issues with a boat’s hull, steering mechanisms, or motor can be very dangerous. 

A failure in the steering system makes it difficult to handle the boat properly and avoid obstacles. An issue with the hull or motor can cause the boat to sink or become stranded on the water, placing everyone on board in serious jeopardy. In extreme circumstances, a mechanical defect could even lead to a fire or explosion on board the boat, which could injure passengers in addition to leaving them stranded or at risk of drowning.

6. Environmental Causes

There are many environmental hazards that boaters need to be alert for on the water. Weather can shift suddenly, bringing conditions like sudden rain, wind, or thunderstorms that place boaters in peril. Rain makes it harder to see where you’re going, wind makes it harder to handle the boat safely and can lead to capsizing, and lightning can injure passengers. 

Boaters who ignore weather changes or fail to take a look at the full day’s forecast place themselves, their passengers, and their boat at risk. Boaters also need to be wary of tidal shifts, sudden changes in the water level, and rocks or other large objects in the water, all of which could cause an accident.

7. Violating Navigational Rules

There are certain rules for navigating waterways, just as there are rules for drivers on the road. Unfortunately, many boaters don’t take the time to learn all the proper rules for navigation on the water. 

When boaters aren’t aware of or don’t properly follow navigational rules, it’s easy for an accident to occur. These rules include what to do if two boats are headed toward each other, which boat should yield the right-of-way if one has to cross in front of the other, and so on. Failure to follow navigational rules can lead to head-on collisions and similar accidents.

Contact Our Boating Accident Lawyers Today

If you’re involved in a boating accident, it’s important to speak to an injury attorney who has experience with these kinds of cases right away. Boating accidents aren’t as common as other kinds of accidents. You want to hire a lawyer who knows what the relevant New Jersey laws are, who the potentially liable parties might be, what sort of compensation you could be entitled to, and how to find the evidence you’ll need to prove your case.

The boating accident lawyers at Davis, Saperstein & Salomon, P.C. have many years of experience in operating boats and handling these kinds of claims. Here’s what we can do for you when you hire our firm to represent you:

• Fully investigate the accident to find evidence, potentially liable parties, and insurance coverage. We’ll look at police reports, witness testimony, and other evidence to determine who could be liable for the accident. We’ll also look at your boat and the boat of anyone else involved in the accident to see if there was a mechanical defect that played a role in the accident. No matter who is at fault, we’ll work relentlessly to find the necessary evidence to prove they were liable for your injuries.
• Handle all the necessary communication and paperwork. A boating accident case usually involves negotiating with the liable parties, as well as their lawyers and insurance companies. There’s also a lot of paperwork that has to be filed with the insurance companies or the courts. We can handle these complex and important parts of your case for you. 
• Negotiate for the maximum possible settlement. Most personal injury claims are settled out of court, but that doesn’t mean you don’t want to fight for what you’re owed after an accident. A skilled boating accident lawyer will make the strongest case possible on your behalf, hopefully leading to a fair settlement from the liable party or parties in your case.
• Represent you in court if your case goes to trial. Sometimes you need to file a lawsuit to get what you deserve after an accident. We’re not afraid to bring cases to trial. We’ll be prepared to mount an aggressive case on your behalf if negotiations break down.

 In New Jersey, you’re given two years from the date of your injuries to file a lawsuit after a boating accident, so time is of the essence. For your free case review, call us or visit our contact page now.

 

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