The hospital bills are already stacking up, your car is totaled, and the trucking company’s insurance adjuster has left you a voicemail. If you or someone you love was hit by a commercial truck in New Jersey, the financial and physical toll can be staggering. The Federal Motor Carrier Safety Administration reports that the average cost of a truck accident involving an injury reaches $326,801 with fatal crashes costing $15,230,414 in 2023 dollars.
Knowing what to do after a truck crash protects your health, preserves critical evidence, and keeps your legal options open. A New Jersey truck accident attorney at Horn Injury Law can fight for the maximum compensation you deserve while you focus on healing.
Call 911 and Get Medical Attention Right Away
Your safety comes first. If you are at the scene of the truck accident, the first thing you should do is call 911 and seek medical attention, regardless of whether you think you are hurt.
You may not feel pain immediately because you are still in shock, and brain, neck, and spinal injuries can interfere with pain receptors. Many internal injuries cannot be immediately detected and could be deadly. Getting evaluated by a doctor creates a medical record that directly links your injuries to the crash, which becomes essential evidence if you pursue a claim.
New Jersey law requires you to report an accident to the police immediately if it involves any injury, death, or property damage exceeding $500. A police report creates an official record of what happened, documents the drivers and vehicles involved, and notes the conditions at the scene. The official police report should document exactly what happened, and insurance companies often base fault determinations and compensation offers on that report.
You must also submit a written crash report to the New Jersey Motor Vehicle Commission within 10 days, using the MVC’s form. In practice, when police complete an official report, that typically satisfies this requirement.
Gather Evidence and Document Everything
If you are physically able, take steps at the scene to preserve information that may be difficult or impossible to recover later. Exchange contact and insurance details with the truck driver, and note the name of the trucking company printed on the vehicle. Take photos or videos of the accident scene, along with pictures of your injuries, and get the names and contact information of any eyewitnesses.
Truck accident cases often involve evidence that goes beyond what you can collect on your own. Critical evidence includes black box data, driver logs, maintenance records, and GPS information.
Trucking companies are required to preserve certain evidence such as driver logs and data from the truck’s Electronic Logging Device, but this evidence can be legally destroyed after a certain period. An experienced truck accident lawyer will know how to send a spoliation letter to ensure this evidence is preserved. Acting quickly gives your attorney the best chance of securing this information before it disappears.
Beyond collecting physical evidence, protect yourself by being careful with what you say. Do not discuss fault with the other drivers involved or admit responsibility, because off-hand comments could be used against you in the future.
Do not post anything about the accident on social media, because it can be misconstrued later.
Understand How New Jersey Law Affects Your Truck Accident Claim
New Jersey’s legal framework for truck accidents involves several layers that can significantly affect your right to recover compensation.
Because New Jersey uses a no‑fault system for most private passenger vehicles, many people injured in a truck crash will have their medical bills initially paid through their own PIP benefits, if their policy provides New Jersey PIP coverage. Serious truck crashes often cause injuries that quickly exhaust standard PIP limits.
If your policy includes the ‘limitation on lawsuit’ option, you generally must meet New Jersey’s verbal‑threshold categories before you can sue for pain and suffering. Those categories include death, dismemberment, displaced fractures, significant disfigurement or scarring, loss of a fetus, or a qualifying permanent injury. Commercial truck crashes frequently involve severe injuries, and many victims fall into exceptions where the threshold does not apply, but every case still requires a fact‑specific analysis.
New Jersey follows a modified comparative negligence rule. If the accident victim is partly at fault for the crash, they can still receive compensation with damages reduced by their percentage of fault. However, if the victim is found more than 50 percent at fault, no damages are recoverable. Trucking companies and their insurers know this, and they will look for any evidence suggesting you shared blame for the collision to reduce or eliminate your payout. This is one reason why avoiding any admission of fault at the scene matters so much.
In a truck accident, there can be a number of potential defendants, including the truck driver, the trucking company, the trailer company, and the parties responsible for maintenance or cargo loading. The contracts between trucking companies, trailer companies, shippers, and drivers can complicate the question of who bears financial responsibility. An attorney experienced in these cases can identify every liable party and pursue claims against each one.
Know Your Deadlines to File a Claim
Missing a legal deadline can permanently bar you from recovering compensation, no matter how strong your case is. In New Jersey, the statute of limitations for a personal injury action is generally two years from the date of the accident.
If the truck that struck you was a government-owned vehicle, such as a municipal dump truck or a public works vehicle, the timeline shrinks dramatically. Under the New Jersey Tort Claims Act, you must file your claim within 90 days from the date of the accident to preserve your right to pursue compensation against the government entity. Missing this window almost always results in a permanent bar to recovery.
While two years may seem like enough time for a standard claim, truck accident cases require extensive investigation that takes months to complete. Evidence can disappear or degrade over time, witnesses’ memories can fade, and crucial documents may become harder to obtain. Contacting an attorney as soon as possible after the accident gives your legal team the best opportunity to build a strong case on your behalf.
Horn Injury Law Fights for New Jersey Truck Accident Victims
A truck accident can upend every part of your life, from your ability to work to the daily routines you once took for granted. Eric L. Horn, Esq., brings nearly 30 years of personal injury litigation experience and a track record of recoveries well in excess of a million dollars for injured clients in New Jersey.
Do not accept a lowball offer from a trucking company’s insurer before speaking with an attorney who understands what your claim is truly worth. Contact us today.