Trucking accidents are legally complex, involve multiple layers of regulation, and often result in catastrophic injuries. At Michael C. Kazer, P.C., we combine decades of specialized experience, direct attorney access, aggressive negotiation tactics, and unwavering trial readiness to secure justice and comprehensive compensation for our clients.
Unlike typical car accidents, truck crashes often involve multiple defendants, including the driver, the trucking company, cargo loaders, maintenance providers, and manufacturers of defective parts. Establishing liability may require examining employment relationships (employee vs. independent contractor) and contractual agreements between trucking entities .
Federal rules set by the FMCSA govern driver qualifications, hours of service, drug and alcohol testing, and vehicle maintenance. At the same time, New Jersey enforces its own regulations, such as weight limits, route restrictions, and hazardous materials permits. Violations of either can serve as negligence per se in court, but navigating these overlapping statutes demands specialized legal expertise.
Commercial trucks carry insurance policies with high coverage limits. Insurers and trucking companies often deploy aggressive legal teams to minimize payouts. Confronting these well‐resourced defendants requires a law firm with equivalent resources and litigation experience.
Critical evidence—such as driver logs, electronic logging device (ELD) data, “black box” electronic control module (ECM) recordings, and maintenance records—can be lost or destroyed if not promptly secured. Proper handling of this evidence is essential to proving liability and damages.
The driver may be liable for acts such as distracted driving (texting or eating), speeding, intoxication, or violating HOS rules. Driver logs and ELD records are crucial in demonstrating these violations.
Defects in brake systems, tires, steering components, or ELDs themselves may trigger product liability claims against manufacturers, adding another defendant to the case.
Improperly secured or overloaded cargo shifts weight distribution and increases rollover risks. Shippers responsible for loading operations have a duty to load freight safely, and breaches can lead to liability.
Third‐party mechanics or the trucking company’s maintenance department must inspect and repair critical systems. Faulty brakes, suspension failures, or tire blowouts can indicate negligent maintenance practices.
Violations of HOS limits lead to slowed reaction times and, in severe cases, microsleeps. Fatigue is one of the leading causes of truck crashes nationwide.
Excessive speed decreases the driver’s ability to react and increases stopping distances, especially dangerous given a fully loaded tractor‐trailer’s mass.
Rain, snow, ice, and fog reduce traction and visibility. Dense New Jersey traffic corridors—like the Turnpike, Garden State Parkway, and I‐80—heighten these risks due to high truck volumes and limited shoulder space.
Failure to comply with FMCSA rules—such as drug testing requirements or cargo securement §§—provides direct proof of negligence and can form the basis of a negligence per se claim.
Failure to comply with weight limits or secure the cargo properly can destabilize the trailer, leading to jackknife and rollover accidents.
Distractions—like texting, eating, or adjusting in‐cab technologies—take driver focus off the road, contributing to many catastrophic accidents.
Inadequate inspection and repair of brakes, tires, and steering systems increase the likelihood of mechanical failures such as tire blowouts or brake malfunction.
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