What to do after a truck collision that injures you — step-by-step guidance under New Jersey law
If a commercial truck collided with you and you were injured, you likely face medical bills, lost income, vehicle damage, and confusing insurance rules. The steps below explain how claims typically work in New Jersey and what actions protect your right to compensation. This information is educational only and is not legal advice.
1. Immediate actions at the scene and right after
- Seek medical care first. Get evaluated at the scene or go to the emergency room. Some injuries show later; getting prompt records creates an important medical timeline.
- Call the police and make sure an official crash report is created. Obtain the report number and the investigating officer’s name.
- Collect and preserve evidence where safe to do so: photos of the vehicles and crash scene, skid marks, traffic signs, visible injuries, and vehicle damage.
- Gather driver and vehicle info: driver’s name, license plate, truck company name, commercial registration, and insurance information. Note witness names and contact information.
- Do not give recorded statements to the truck company’s insurer without speaking with a lawyer. You should, however, cooperate with police and your own medical providers.
2. Notify insurance and protect first-party benefits
Report the crash to your own auto insurer as soon as possible so any first-party coverages (medical payments, uninsured/underinsured motorist where applicable) can be accessed. Commercial trucks usually carry higher liability limits through the truck’s carrier. You will later pursue the truck’s insurer (third-party) for liability if the truck was at fault.
3. Who can be sued for a truck crash?
Potential defendants include the truck driver, the trucking company (owner/operator), vehicle lessors, or maintenance providers. Under New Jersey law, an employer can be vicariously liable for the negligence of its employee drivers and can also be directly liable for negligent hiring, training, maintenance, or dispatching.
4. Preserve critical trucking evidence
Commercial carriers must keep driver logs, maintenance records, electronic logging device (ELD) data, and the truck’s event data recorder (black box) for limited times. To prevent destruction of evidence, send a prompt written preservation request to the trucking company and its insurer. If key evidence disappears, you can seek sanctions in court for spoliation. You should consider preservation early — within days — and consult a lawyer if possible.
5. Types of damages you can seek
- Medical expenses (past and future)
- Lost wages and future loss of earning capacity
- Pain and suffering, emotional distress, and loss of enjoyment of life
- Property damage (repair or fair market value)
- Out-of-pocket costs (transportation for medical care, home care, modifications)
6. Deadlines: statute of limitations in New Jersey
In New Jersey, most personal-injury claims must be filed in court within two years from the date of the injury. See N.J. Stat. Ann. § 2A:14-2 for the governing deadline: N.J.S.A. 2A:14-2. If the crash involves a state, county, or municipal vehicle, different notice and filing rules often apply under the New Jersey Tort Claims Act (Title 59). Those claims may require early written notice to the public entity — check Title 59: N.J. Tort Claims Act (Title 59). Missing deadlines can bar your right to recover, so act quickly.
7. How to file a claim (practical steps)
- Preserve all records: medical bills and notes, wage statements, vehicle repair estimates, photos, and the police report.
- Send a written notice to the truck carrier and adjuster (if you have their contact) reporting the claim. Keep copies and delivery records.
- Permit medical providers and insurers to exchange information where required, but exercise caution before signing authorizations that give broad access to your medical history.
- Prepare a demand package when your condition stabilizes. A demand typically includes the facts, liability evidence, medical records, and a calculation of damages.
- Negotiate: insurers often make initial settlement offers. You can accept, reject, or counteroffer. If negotiations fail, you can file suit before the statute of limitations expires.
- If you sue, your complaint initiates litigation. Discovery then allows you to obtain the truck’s records, driver statements, and expert opinions about accident causes and injuries.
8. When to consult an attorney
Consider talking with an attorney as soon as possible if your injuries are significant, fault is disputed, multiple parties may be responsible, or if the trucking company resists preserving evidence. An attorney experienced with truck collisions can handle early preservation letters, identify additional liable parties, coordinate medical experts, and protect your claim through settlement or litigation. Many personal-injury attorneys offer free initial consultations and work on contingency (they take a fee only if you recover).
Helpful Hints
- Get the police report number and the investigating officer’s contact information at the scene.
- Take clear photos and short video clips of the crash scene, vehicle positions, vehicle damage, and visible injuries.
- Write down everything you remember as soon as possible — weather, road conditions, traffic signals, and what each driver said.
- Preserve receipts and pay stubs for out-of-pocket costs and lost wages.
- Avoid posting detailed descriptions or photos of the crash or your injuries on social media; insurers and defense lawyers use social posts in claims and trials.
- If a government vehicle caused the crash, act quickly — public-entity claims often have short notice windows and special rules under Title 59.
- Ask whether the truck is covered by a commercial policy and obtain the carrier’s name and claim number.
- If the at-fault truck driver is an employee, the trucking company may also be responsible under vicarious liability and direct-liability theories.
Disclaimer: This article is educational and describes general principles under New Jersey law. It does not constitute legal advice, create an attorney-client relationship, or apply to every situation. For advice tailored to your situation, consult a qualified New Jersey personal-injury attorney.