In the bustling state of New Jersey, commercial vehicles are a common sight on our roads and highways. From delivery trucks to company cars, these vehicles play a crucial role in keeping businesses running smoothly. However, when accidents occur involving commercial vehicles, the question of employer liability often arises. This guide will explore the intricacies of commercial car accidents in New Jersey and the extent to which employers can be held responsible.
Understanding Commercial Vehicle Accidents
Commercial vehicle accidents differ from typical car crashes in several ways. These accidents often involve larger vehicles, such as trucks or vans, and can result in more severe injuries and property damage. Moreover, the legal landscape surrounding these incidents is more complex, as multiple parties may be held liable.
Types of Commercial Vehicles
Before delving into liability issues, it’s essential to understand what constitutes a commercial vehicle. In New Jersey, commercial vehicles include:
- Delivery trucks and vans
- Taxis and rideshare vehicles
- Company cars
- Construction vehicles
- Buses and shuttles.
Each of these vehicle types may be subject to different regulations and liability considerations.
Employer Liability in Commercial Car Accidents
When a commercial vehicle is involved in an accident, the employer may be held responsible under certain circumstances. Under the doctrine of “vicarious liability” or respondeat superior, employers may be accountable for the actions of their employees when those employees are acting within the scope of their employment. In New Jersey, this principle is firmly established in case law and statutes.
For example, if a delivery driver causes an accident while making a scheduled delivery, their employer could be held liable for damages. However, if the same driver gets into an accident while running personal errands during their lunch break, the employer may not be responsible.
Scope of Employment
Determining whether an employee was acting within the scope of their employment is crucial in establishing employer liability. Factors that courts consider include:
- Whether the employee was performing job-related duties
- The time and location of the accident
- Whether the employee was using a company vehicle
- The nature of the employee’s work.
Note that even if an employee deviates slightly from their assigned tasks, the employer may still be held liable if the deviation was reasonably foreseeable.
Exceptions to Employer Liability
While employers are often held responsible for their employees’ actions, there are exceptions to this rule:
Independent Contractors
If the driver is classified as an independent contractor rather than an employee, the company may not be liable for their actions. However, the distinction between employees and independent contractors can be complex, and companies often evade liability by claiming that an at-fault driver is an independent contractor. In recent years, the courts have made case-by-case decisions on whether a worker is a contractor or an employee.
Intentional Misconduct
If an employee intentionally causes harm or acts with gross negligence, the employer may not be held responsible. For instance, if a delivery driver deliberately rams another vehicle in a fit of road rage, the employer might successfully argue that this action was outside the scope of employment.
Personal Use of Company Vehicles
When employees use company vehicles for personal errands or outside of work hours, employers may not be liable for accidents that occur during these times. However, if the employer has a policy allowing personal use of company vehicles, they may still bear some responsibility.
Employer Negligence
In addition to vicarious liability, employers can be directly liable for their own negligence in relation to commercial vehicle accidents. Here are common examples of direct employer negligence:
Negligent Hiring
If an employer fails to properly vet drivers, such as by checking driving records or verifying licenses, they may be held liable for negligent hiring practices.
Inadequate Training
Employers have a responsibility to ensure their drivers are adequately trained. Failure to provide proper training can result in employer liability.
Poor Vehicle Maintenance
Companies that neglect to maintain their commercial vehicles properly may be held responsible for accidents caused by mechanical failures.
New Jersey’s No-Fault Insurance System
New Jersey has a “modified no-fault insurance” system, which can impact how commercial vehicle accident claims are handled. Under this system, injured individuals typically turn to their own insurance policies for coverage of medical expenses and lost income, regardless of who caused the crash.
However, in cases involving commercial vehicles, victims may have the option to step outside the no-fault system. Specifically, they may pursue a claim against the at-fault driver and their employer, especially if the injuries meet certain thresholds.
The Role of Insurance in Commercial Vehicle Accidents
Commercial vehicles typically carry higher insurance limits than personal vehicles. This can be beneficial for accident victims, as there may be more coverage available to compensate for damages. However, it also means that insurance companies may fight harder to minimize payouts.
Compensation for Victims of Commercial Car Accidents
If you’ve been injured in a commercial vehicle accident in New Jersey, you may be entitled to compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Loss of quality of life.
It’s crucial to understand your rights and the potential avenues for recovery. Consulting with an experienced attorney can help you navigate the complex legal landscape and ensure you receive fair compensation.
Steps to Take After a Commercial Vehicle Accident
If you’re involved in an accident with a commercial vehicle in New Jersey, take the following steps:
- Ensure safety and call emergency services if needed.
- Document the scene with photos and gather witness information.
- Obtain the driver’s and company’s insurance information.
- Seek medical attention, even if injuries seem minor.
- Report the accident to your insurance company.
- Consider consulting with an experienced attorney.
Commercial Car Accidents in New Jersey FAQ
What is considered a commercial vehicle in New Jersey?
A commercial vehicle in New Jersey is generally defined as any vehicle used for business purposes. This includes large trucks, delivery vans, company cars, taxis, and buses.
The New Jersey Motor Vehicle Commission (MVC) provides specific classifications based on weight and usage. For example, vehicles with a gross vehicle weight rating of 26,001 pounds or more are considered commercial vehicles, as are vehicles designed to transport 16 or more people.
Even smaller vehicles can be considered commercial if they’re used for business purposes. For instance, a personal car used for food delivery or rideshare services would be considered a commercial vehicle during the time it’s being used for those purposes. This distinction is crucial when it comes to insurance requirements and liability issues in the event of an accident.
Can an employer be held liable if an employee causes an accident while commuting to work?
Generally, employers are not held liable for accidents that occur during an employee’s commute to or from work. This principle is known as the “going and coming” rule, which states that an employee is not acting within the scope of their employment while traveling to and from their place of work.
However, there are exceptions to this rule in New Jersey:
- Special mission: If an employee is running a work-related errand on their way to or from work, the employer may be liable.
- Company vehicle: If the employee is driving a company-owned vehicle, the employer might be held responsible, especially if they allow or benefit from the employee using the vehicle for commuting.
- On-call employees: If an employee is required to be on call and is traveling with work equipment, the employer may be liable.
- Employer benefit: If the employer derives a specific benefit from the employee’s travel, such as transporting tools or materials, liability may apply.
Each case is unique, and courts will consider the specific circumstances to determine if the employer should be held liable. It’s always advisable to consult with a legal professional to understand how these rules might apply to a specific situation.
What types of compensation can victims seek in a commercial vehicle accident in New Jersey?
Victims of commercial vehicle accidents in New Jersey may be entitled to various types of compensation, depending on the severity of the accident and the resulting injuries. The main categories of compensation are:
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- Economic damages
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Property damage
- Rehabilitation costs
- Out-of-pocket expenses related to the accident.
- Economic damages
- Non-economic damages
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- Pain and suffering
- Mental or emotional distress
- Diminished enjoyment of life
- Loss of consortium (companionship for spouses).
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- Punitive damages
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- These may be granted in situations of egregious negligence or deliberate wrongdoing in order to penalize the offender and discourage future instances of the same behavior.
New Jersey follows a modified comparative negligence rule. This means that an injured victim may still claim some damages even if they were partly at fault in the accident. Their compensation will be reduced by their percentage of fault. However, they’ll lose their right to compensation if it is determined that they were more than 50% to blame for the crash.
Additionally, New Jersey’s no-fault insurance system may affect how compensation is sought. In some cases, victims may need to meet certain injury thresholds to step outside the no-fault system and pursue a claim against the at-fault party. An experienced attorney can help navigate these complexities and ensure that all potential avenues for compensation are explored.
How long do I have to file a lawsuit after a commercial vehicle accident in New Jersey?
In New Jersey, the statute of limitations for filing a lawsuit after a commercial vehicle accident is generally two years from the date of the accident. This applies to personal injury claims and property damage claims. However, there are some important exceptions and considerations:
- Discovery rule: In some cases, injuries may not be immediately apparent. New Jersey’s “discovery rule” allows the two-year clock to start from the date the injury was discovered or should have been discovered with reasonable diligence.
- Claims against government entities: If the commercial vehicle was owned or operated by a government entity, different rules apply. You must file a Notice of Claim within 90 days of the accident, and then wait six months before filing a lawsuit. The lawsuit must still be filed within two years of the accident date.
- Minors: If the injured party was a minor, the statute of limitations doesn’t start to run until they turn 18. However, it’s generally advisable to file a claim as soon as possible while evidence is fresh and witnesses’ memories are clear.
- Wrongful death: If the accident resulted in a fatality, the statute of limitations for a wrongful death claim is two years from the date of death, which may be different from the date of the accident.
- Property damage: Claims for property damage have a six-year statute of limitations in New Jersey.
Note that while two years may seem like a long time, building a strong case often requires extensive investigation and preparation. Evidence can disappear, witnesses’ memories can fade, and crucial deadlines can be missed if action isn’t taken promptly. Therefore, it’s advisable to consult with an attorney as soon as possible after a commercial vehicle accident to ensure your rights are protected and all necessary steps are taken within the required timeframes.
Remember, these time limits are strict, and failing to file within the statute of limitations will likely result in your case being dismissed. Always consult with a legal professional to understand how these rules apply to your specific situation.
Injured in a Commercial Accident? Hold the Negligent Parties Responsible. Contact Our Skilled New Jersey Car Accident Attorneys Today!
Commercial car accidents in New Jersey involve a complex web of legal considerations, from employer liability to insurance regulations. Understanding these factors is crucial for individuals who were hurt due to the negligence of a company or their employee.
If you’ve been injured or lost a loved one in a commercial vehicle collision, don’t hesitate to seek legal guidance. The Grossman Law Firm is here to help you understand your options and pursue the compensation you deserve. Call us at (732) 625-9494 for a free consultation.
