Collisions involving commercial trucks are among the most devastating vehicle crashes on New Jersey roads. When a tractor-trailer collides with a much smaller passenger vehicle, the results are often catastrophic. You may face life-altering injuries, staggering medical bills, and profound changes to your quality of life. While financial compensation cannot erase the trauma of such an accident, understanding the damages available under New Jersey law can help you pursue the resources needed for recovery.
Types of Damages Available in New Jersey Truck Accident Cases
New Jersey law recognizes several categories of damages in truck accident cases. Understanding these different types of compensation can help victims appreciate the full scope of compensation that may be available.
Economic Damages
Economic damages represent tangible, calculable financial losses resulting from the accident. Common economic damages after a truck accident include the following:
- Medical expenses: Recoverable medical expenses may include emergency treatment, hospital stays, surgeries, rehabilitation therapy, medications, medical equipment, and future medical needs related to the accident.
- Lost income and earning capacity: Compensation may cover wages lost during recovery, missed bonuses and benefits, reduction in future earning capacity, and vocational rehabilitation costs.
- Property damage: You may recover costs for vehicle repair or replacement, personal property damaged in the crash, rental car expenses, and diminished value of repaired vehicles.
- Household services: If your injuries prevent you from performing household duties, you may be entitled to compensation for cleaning services, property maintenance, childcare expenses, and other household tasks you previously handled.
We typically calculate and prove these economic damages with documentation such as bills, receipts, and expert testimony, considering every detail to help make you whole again after your truck accident.
Non-Economic Damages
Non-economic damages address intangible losses that significantly impact a victim’s life beyond financial expenditures. These often include the following:
Pain and Suffering
Physical pain and discomfort often include both acute pain experienced immediately after the accident and chronic pain that may persist indefinitely.
Emotional Distress
Truck accidents can cause profound psychological impacts, including PTSD, anxiety about driving, depression, sleep disturbances, and mood changes. Mental health treatment records and expert testimony can substantiate these claims.
Loss of Enjoyment of Life
When injuries prevent participation in activities that previously brought joy and fulfillment, you may recover damages for the inability to engage in hobbies, limited participation in family events, reduced social interactions, and diminished quality of relationships.
Permanent physical changes, including visible scarring, amputation, mobility restrictions, and sensory impairments, deserve specific recognition in damage calculations.
These abstract losses are more challenging to calculate, so having a lawyer’s experience and understanding is essential to prevent accepting lowball offers from insurance companies.
Factors Affecting Truck Accident Damage Awards
Several elements can significantly influence the final compensation amount in your truck accident case. Understanding the following factors can help set realistic expectations and better prepare you for the claims process:
Comparative Negligence
New Jersey follows a modified comparative negligence rule. Therefore, if you were partially responsible for the accident, your damage award may be reduced by your percentage of fault. If you are more than 50% responsible, you cannot recover damages. For example, if your total damages are $100,000 but you’re found 20% at fault, your recovery would be reduced to $80,000.
Insurance Coverage and Corporate Policies
Commercial trucks typically carry higher insurance limits than passenger vehicles due to federal and state requirements. Additionally, trucking companies may have substantial corporate assets.
