Federal vs. State Law in NJ Commercial Truck Accident Claims
Truck accident cases in New Jersey are unique because they involve federal safety rules in addition to state laws. Commercial trucks must comply with state-specific traffic laws and vehicle codes as well as regulations set by the Federal Motor Carrier Safety Administration (FMCSA).
Federal Laws for Commercial Trucking
Large trucks, such as 18-wheelers and tractor-trailers, are known as “common carriers” under federal law. As such, they must abide by a special set of laws to improve the safety of the public. These large, heavy and dangerous motor vehicles must be operated and maintained according to the U.S. Code of Federal Regulations (CFR).
Federal trucking regulations include, but are not limited to:
- Truck driver hiring standards: rules for what qualifies a person to operate a commercial truck, including a special driver’s license, training and a medical examiner’s certificate.
- Hours-of-service (HOS): restrictions aimed at reducing the number of drowsy truck drivers by limiting the hours a driver can operate without taking a rest break.
- Drug and alcohol testing: mandatory testing requirements prior to hiring a truck driver, when a collision occurs (regardless of fault) and at random.
- Truck maintenance: minimum maintenance standards for all large trucks, including daily inspection logs, high-quality repairs and required equipment.
- Cargo loading and securement requirements: specific instructions for how cargo must be loaded, balanced and secured onto a big rig for safe transport, without loads shifting or falling.
In the aftermath of a truck accident in New Jersey, it is important for victims to explore potential federal safety law violations in addition to state and local regulations. Understanding the FMCSA’s rules for the trucking industry may result in the discovery of noncompliance. This could serve as evidence in a truck accident claim.
Statewide Trucking Laws in New Jersey
Trucking companies and commercial truck drivers in New Jersey must follow all of the federal safety laws as laid out by the FMCSA. When it comes to the aftermath of a big rig accident, however, New Jersey state laws take over.
New Jersey abides by a unique car accident liability rule where proving fault is not required to receive an insurance settlement. Under the no-fault rule, regardless of who caused a trucking accident, injured victims can seek coverage from their own insurance companies. However, there are exceptions for serious accidents.
Navigating New Jersey’s Liability Rules
The severity of most large truck accidents allows victims to sue outside of the no-fault system. A fault-based claim or lawsuit requires the victim to prove that the truck driver, trucking company, cargo company or another party was negligent. Negligence means the accused party fell short of the standard of care. Evidence of a violated state or federal trucking law can serve as proof of negligence in a personal injury claim in New Jersey.
The state also uses a comparative negligence rule, which states that as long as the victim is less than 50 percent at fault, he or she can recover compensation even with shared liability. However, shared fault for a trucking accident can diminish the victim’s financial recovery by a matching percentage.
If you need assistance collecting evidence and going up against a trucking company’s powerful insurance provider after your accident, contact an experienced truck accident attorney near you.