Tractor-trailers are not cars. The cases aren't either.

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 350-3991, 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:15-5.32 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 3953, 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. § 395.84.

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)4. Driver Qualification Files under 49 C.F.R. § 391.515 must be retained for three years after employment ends. Maintenance records under 49 C.F.R. § 396.3(c)6 must be retained for one year. Dashcam footage, telematics data, and post-accident drug and alcohol testing under 49 C.F.R. § 382.3037 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:31-11 et seq. where the victim did not survive
• Punitive damages under N.J.S.A. 2A:15-5.122 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.

How fees work in truck-accident cases

Truck-accident cases are handled on a contingency-fee basis -- there is no upfront attorney fee, and no attorney fee at all unless we recover for you. For tort cases, New Jersey Court Rule 1:21-71 sets a tiered fee schedule, calculated on the net recovery (after the case costs and expenses the firm advances). The schedule steps down in stages as the recovery grows -- a built-in client protection that caps the standard fee -- and it works hand in hand with the rest of the Rule. Serious injury and tort cases often run for years and require the firm to advance substantial costs -- expert witnesses, depositions, medical records, and litigation expenses that regularly reach tens or hundreds of thousands of dollars, entirely at the firm's risk. Rule 1:21-7(f) recognizes that: where a case has demanded that kind of time, expense, and complexity, the firm may apply -- on written notice to you -- to the Assignment Judge, who determines a reasonable fee in light of all the circumstances. In other words, on the hardest-fought cases a judge, not the firm alone, decides what is fair. We walk you through exactly how your fee is calculated, and set it out in your written fee agreement, before you sign.

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