Evidence is freshest in the first 48 hours.
Photographs, witness names, incident reports, treatment notes, and a daily symptom log should be preserved immediately.
Tractor-trailers are not cars. The cases aren't either.
New Jersey truck and commercial-vehicle accident representation under the FMCSA framework — multi-defendant liability, federal Hours of Service violations, $750K-$5M minimum coverage, Electronic Logging Device preservation. Contingency fee under R. 1:21-7. Statewide.
A passenger-vehicle driver involved in a collision with a tractor-trailer is dealing with a different case than a driver involved in a collision with another passenger vehicle. Different defendants. Different applicable law (federal regulations on top of New Jersey negligence). Different insurance coverage (much higher policy limits). Different evidence sets (Electronic Logging Device data, Driver Qualification Files, dashcam footage, maintenance records). Different injury patterns (catastrophic and fatal injuries are statistically more common). The legal framework that applies on the second page is not the framework that applied on the first.
Why commercial trucking is its own body of law
Interstate motor carriers operate under the Federal Motor Carrier Safety Administration regulations at 49 C.F.R. Parts 350-399source, in addition to New Jersey state negligence law. Federal regulations govern driver qualifications, Hours of Service limits, vehicle maintenance, drug and alcohol testing, cargo securement, electronic logging, and minimum insurance. Violations of these regulations in the hours or days leading to a crash are strong evidence of breach in the resulting personal-injury action, with causation and fault allocation still fact-dependent.
Multi-defendant liability is the rule
Trucking cases often involve more than one defendant. The driver is the first defendant on direct negligence. The motor carrier (the company whose name appears on the trailer) may be liable under respondeat superior for the driver's conduct in the scope of employment, and may also be independently liable for negligent hiring, training, supervision, or retention. Where the truck is owned by a separate entity, the owner may be an additional defendant. The freight broker or shipper can be liable under negligent-selection or negligent-entrustment theories where the carrier was unqualified or where the shipper directed unsafe operation. Maintenance contractors and cargo loaders are defendants where defective maintenance or improper cargo loading contributed to the crash.
Joint and several liability under N.J.S.A. 2A:15-5.3source applies — a defendant found 60% or more at fault is jointly and severally liable for the entire judgment, regardless of the other defendants' coverage. The fault apportionment among defendants is decided by the jury as part of the liability verdict; the joint-and-several rule then dictates collection mechanics.
The federal Hours of Service framework
Under 49 C.F.R. Part 395source, property-carrying commercial drivers are limited to 11 hours of driving within a 14-hour on-duty window after 10 consecutive hours off duty, with a maximum of 60 on-duty hours in 7 consecutive days or 70 hours in 8 consecutive days. Drivers must take a 30-minute break after 8 cumulative hours of driving without an off-duty break. Compliance is tracked through Electronic Logging Devices required for most commercial motor vehicles under 49 C.F.R. § 395.8source.
Hours of Service violations in the hours leading to a crash routinely become the centerpiece of the case. Driver fatigue is one of the most common causes of commercial-vehicle accidents, and an Hours of Service violation is documentary proof of fatigue exposure. We obtain the ELD data at the case-evaluation stage on every commercial-vehicle matter.
Evidence preservation — and why the first 30 days matter most
Federal record-retention periods are shorter than most claimants expect. Hours of Service logs from Electronic Logging Devices must be retained for at least six months under 49 C.F.R. § 395.8(k)(1)source. Driver Qualification Files under 49 C.F.R. § 391.51source must be retained for three years after employment ends. Maintenance records under 49 C.F.R. § 396.3(c)source must be retained for one year. Dashcam footage, telematics data, and post-accident drug and alcohol testing under 49 C.F.R. § 382.303source may be retained under shorter internal company policies.
Detailed spoliation-preservation letters should identify each evidence category specifically and demand retention pending litigation. Where appropriate, early motion practice may be needed to obtain a preservation order. The point is practical: the best liability evidence in a trucking case is often held by the carrier or its vendors, and it should be requested before ordinary retention practices become the central fight.
What truck-accident damages typically include
Damages in commercial-vehicle cases can be substantial because the injury pattern may involve serious trauma, long treatment, disability, or death. The damages analysis still depends on proof: medical records, permanency evidence, wage records, expert opinions, causation, comparative fault, and available insurance. Available damages categories under New Jersey law may include:
- Past and future medical expenses, including surgery, rehabilitation, prosthetics, home modifications, and ongoing care
- Lost wages and lost earning capacity, including economist testimony in cases of permanent disability
- Pain and suffering, physical discomfort, emotional distress, and loss of enjoyment of life
- Property damage, including vehicle repair or replacement and cargo loss where applicable
- Loss of consortium where the injury affects the relationship with a spouse
- Wrongful death damages under N.J.S.A. 2A:31-1source et seq. where the victim did not survive
- Punitive damages under N.J.S.A. 2A:15-5.12source in cases involving willful, wanton, or reckless conduct by the driver or carrier
If you've been in a truck accident in New Jersey
The same immediate steps apply as in any New Jersey accident — medical care first, photograph the scene, get names and contact information for every party and witness, call the police and confirm a report is filed, and don't talk to the at-fault driver's or the carrier's insurance company without your attorney. Additional steps specific to trucking cases:
- Photograph the trailer and the truck markings. The DOT number, the company name, the trailer number, and the cab markings are all needed to identify the motor carrier and trace coverage.
- Note the names and badge numbers of every responding officer. Commercial-vehicle accidents typically draw additional law enforcement and DOT investigators.
- Preserve your own vehicle. Don't repair or scrap until your attorney has examined it. The damage pattern on your vehicle is evidence in the liability analysis.
- Save your medical records. Document every appointment, every diagnostic study, and every treatment recommendation. Commercial-vehicle cases often involve long courses of treatment.
- Call us within days, not weeks. Evidence-preservation letters need to go out fast, before commercial dashcam footage and telematics data ages out of retention.
From The Simon Law Group Field Guides
Volume 2: The Daily Pain & Symptom Log
A free 16-page printable and fillable PDF, designed by New Jersey personal-injury attorneys. Every day for 30 days post-accident, you record your pain level, location, what made it worse, what made it better, what you couldn't do, your medications, your sleep, and your mood. Three minutes per day.
A contemporaneous daily log may help refresh memory, organize treatment history, and support discussions with counsel about possible evidentiary use, including issues under N.J.R.E. 803(c)(1)source, N.J.R.E. 803(c)(3)source, N.J.R.E. 803(c)(5)source, and N.J.R.E. 803(c)(6)source. Whether any entry is admissible depends on context and the court's ruling.
Download free →How fees work in truck-accident cases
Truck-accident representation is contingency-fee work under R. 1:21-7source, the New Jersey Court Rule that caps personal-injury contingency fees. There is no upfront attorney fee; the attorney fee is paid from a recovery if one is obtained, under the written contingency-fee agreement. The tier schedule is 33⅓% on the first $750,000 recovered, 30% on the next $750,000, 25% on the next $750,000, 20% on the next $1,000,000, and reasonable fees on the balance.
Frequently asked questions
▸ How is a truck accident case different from a car accident case?
Truck and commercial-vehicle accidents are governed by the federal Motor Carrier Safety Administration framework under 49 C.F.R. Parts 350-399source, in addition to New Jersey's general negligence law. Commercial motor carriers operating in interstate commerce must carry minimum liability coverage of $750,000 for general freight and up to $5,000,000 for hazardous materials under 49 C.F.R. § 387.9source. Liability can reach multiple defendants — the driver, the motor carrier, the truck owner if different, the broker or shipper in negligent-hiring cases, and sometimes the maintenance contractor or the cargo loader. Damages tend to be substantially higher because catastrophic-injury patterns are common in commercial-vehicle collisions. The investigation and discovery work is also more intensive — Electronic Logging Device data, Driver Qualification Files, maintenance records, post-accident drug and alcohol testing under 49 C.F.R. § 382.303source, dashcam and telematics data, and event-data recorder downloads all need to be preserved within days of the crash.
▸ How long do I have to file a truck accident claim in New Jersey?
The same two-year statute of limitations under N.J.S.A. 2A:14-2source generally applies to truck-accident personal-injury claims as to car-accident claims. The practical timeline, however, can be much tighter. Commercial motor carriers must retain driver records of duty status and supporting documents for at least six months under 49 C.F.R. § 395.8(k)source, and company policies for dashcam footage, telematics data, and other files may be shorter. Preservation letters should go out as early as possible so the carrier, insurer, and other parties are on notice before key evidence ages out.
▸ Who can be sued in a New Jersey truck accident case?
Multi-defendant liability is the rule rather than the exception in trucking cases. The truck driver is the primary defendant on negligence. The motor carrier (the company whose name is on the truck) is typically liable under respondeat superior for the driver's conduct in the scope of employment, and may also be independently liable for negligent hiring, training, supervision, retention, or maintenance. The truck owner is a defendant where it is a separate entity from the motor carrier. The freight broker or shipper can be liable under negligent-selection or negligent-entrustment theories where the carrier was unqualified or where the shipper directed unsafe operation. Maintenance contractors and cargo loaders can be liable where defective maintenance or improperly loaded cargo contributed to the crash. Joint and several liability under N.J.S.A. 2A:15-5.3source applies — a defendant found 60% or more at fault is liable for the entire judgment.
▸ What evidence has to be preserved after a truck accident?
Federal Motor Carrier Safety Administration regulations require commercial drivers and motor carriers to maintain extensive records, but the retention periods are shorter than most claimants expect. Hours of Service logs from Electronic Logging Devices are required to be retained for six months under 49 C.F.R. § 395.8(k)(1)source. Driver Qualification Files under 49 C.F.R. § 391.51source must be retained for three years after employment ends. Maintenance records under 49 C.F.R. § 396.3(c)source must be retained for one year, or six months after the vehicle leaves the motor carrier's control. Dashcam footage, telematics data, and post-accident drug and alcohol testing under 49 C.F.R. § 382.303source are often retained for much shorter periods under internal company policies. Preservation letters need to identify each category specifically and demand retention pending litigation.
▸ What is the minimum insurance coverage required for commercial trucks in New Jersey?
Interstate commercial motor carriers must carry minimum liability coverage under federal Motor Carrier Safety Administration regulations at 49 C.F.R. § 387.9source. The minimums are: $750,000 for general freight and most commercial cargo; $1,000,000 for oil transportation and certain other categories; and $5,000,000 for hazardous materials. New Jersey intrastate carriers operating only within the state may face different minimums under N.J.S.A. 39:6B-1source, but many commercial carriers operate interstate and meet the federal floors. The higher minimum coverage can materially affect practical recovery because the policy limits in commercial cases are often higher than ordinary passenger-vehicle limits.
▸ How do Hours of Service rules affect a truck accident case?
Under 49 C.F.R. Part 395source, property-carrying commercial drivers are limited to 11 hours of driving within a 14-hour on-duty window after 10 consecutive hours off duty, with a maximum of 60 hours on duty in 7 consecutive days or 70 hours in 8 consecutive days. Drivers must take a 30-minute break after 8 cumulative hours of driving without an off-duty break. Violations are tracked through Electronic Logging Device data, which is required for most commercial motor vehicles under 49 C.F.R. § 395.8source. Hours of Service violations in the hours leading to a crash are routinely cited as evidence of breach, leaving causation as a major contested issue. We obtain the ELD data and the Hours of Service logs at the case-evaluation stage on every commercial-vehicle case.
Related practice areas
- Personal injury overview
- Car accidents — passenger-vehicle representation
- Workers' compensation — if the truck-accident victim was on the job at the time
- Social Security Disability — for catastrophic injuries preventing return to work
Talk to a New Jersey truck-accident attorney
Commercial-vehicle evidence ages quickly. Federal rules require retention of certain driver duty-status records for at least six months, but dashcam footage, telematics data, maintenance records, and vendor-held data may follow different retention practices. Call (800) 709-1131 or use the contact form to request a case evaluation. Your request is confidential and will be routed for firm review.
Reviewed by Erik Frins, Esq., Civil & Personal Injury Litigation, Simon Law Group, LLC — May 2026
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