TOP RATED ATTORNEYS
Truck Accident Lawyer in Marlton
We Do More Than Win
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KaplunMarx Knows Truck Accident Cases
New Jersey is filled with big rigs on a daily basis. When a truck driver fails to drive with reasonable care to avoid a collision, the likelihood of a devastating crash is high. If you have been hurt in a wreck with a careless trucker or lost a loved one in a commercial vehicle collision, it is important to seek legal assistance as soon as possible.
A KaplunMarx truck accident lawyer can help you understand how the legal process works and handle the complexity of investigating the wreck. If you are facing serious injuries and are unsure what to do next, a knowledgeable Marlton injury attorney can provide you with sound guidance and help you determine the next steps for your case.
Why You Should Talk To Us First
✓ 98% Success Rate - Attorneys with a track record that shows they personally care about every case and go the extra mile every time.
✓ No upfront costs - we front all of the legal fees and get paid on performance. In fact, we don't get paid unless you win
✓ We are local and we KNOW Pennsylvania's system - Just because a firm gets a license to practice law here and buy up a bunch of bill boards around town doesn't mean that they have real experience fighting cases in PA's legal system every day. We are a locally based firm with attorneys that focus on Pennsylvania injury cases. We eat, drink and breath this every day.
✓ We are not intimidated by litigation- We do not allow insurance carriers to strong arm, intimidate or stagnate claims. We will not hesitate to take them to court to fight for you when needed.
✓ No shortcuts - we go the extra mile to make sure that you get the highest compensation possible rather than settling right away as many injury firms do.
✓ We focus on you, not on getting the most cases in town like the guys on the billboards.
✓ Proprietary methods of case management for your very best client experience and ensure greater odds of success compared to high volume, low-touch firms.
✓ Talk directly to your attorney instead of getting passed off on case managers (if you've ever been through a car accident case, you'll know how valuable this is).
✓ We're consistently rated 5 stars by clients and have over 450 5-star reviews for a reason.
✓ No cost consultations we'll help you find out if you have a case. If you don't, we'll help point you in the right direction. Win-win.
✓ We get results without compromising service - It's not easy to find a firm that provides our brand of one-on-one service but which has the resources to get results that smaller practices may not be able to.
Who is Liable for a Commercial Vehicle Collision in Marlton?
When it comes to truck crash claims, it is often possible to trace liability back to more than one party. A Marlton lawyer with experience handling complex truck collision cases would investigate the accident. The sooner a truck accident can be investigated the better as there is often physical evidence at the scene, accident reconstruction data, video, witness statements, and more that need to be gathered as quickly as possible or can be permanently lost.
Besides the truck driver, parties who could be legally liable for someone’s big rig wreck damages include the truck company, owner, manufacturer, and the company responsible for loading cargo onto the truck. Common examples of negligence that could lead to a severe semi-truck crash include defective vehicle manufacturing, speeding, drunk driving, fatigued driving, transporting overweight cargo, distracted driving, and reckless driving.
How Do Federal Trucking Regulations Factor into Accident Claims?
One of the most common ways in which trucking companies are found directly liable for truck accidents—as opposed to vicariously liable for the negligence of their employee—is based on a violation of federal or state trucking laws. The Federal Motor Carrier Safety Administration sets numerous limitations on how long truck drivers can stay on the road in one trip, what kinds of breaks they must have between shifts on the road, and how large and heavy trucks can be.
However, trucking companies sometimes force their workers to ignore these rules in an attempt to save time and money In the event this conduct leads to a wreck, the company may bear liability for ensuing damages.
For example, under the law, property-carrying commercial truck drivers cannot do the following:
- Drive for more than eight consecutive hours without a break of at least 30 minutes
- Drive for more than 11 total hours during a single shift
- Remain on-duty for more than 14 consecutive hours
- Work for more than 60 hours in a seven-day period or more than 70 hours in an eight-day period, with “periods” ending after at least 34 consecutive hours off-duty.
Additionally, drivers must be off duty for at least 10 hours between shifts. If a driver is forced to stay on the road longer than the limits set by this rule, they may become too fatigued to operate their vehicle safely. Accordingly, liability for an accident stemming from that fatigue would generally lie with the driver’s employer rather than the driver themselves.
Working with a skilled Marlton truck wreck attorney can be essential when it comes to collecting and presenting evidence of FMCSA rule violations.
Steps to Take Immediately After a Truck Wreck
Before someone injured in a truck accident starts the civil litigation process, there are several preliminary actions they should take. After taking these steps, it is essential to obtain skilled legal counsel to improve their chances of a successful damages claim.
First, at the scene of the accident, everyone involved should stop their vehicles out of the flow of traffic if possible, trade identifying information with each other, and assist injured individuals—including themselves—as required by state law. Additionally, anyone who believes they may have grounds for a civil claim should take photos and/or videos of the accident scene and get contact information from witnesses, as this could prove to be crucial evidence in their ensuing case.
Next, a prospective civil plaintiff should seek medical attention as soon as possible, even if they feel fine immediately after the wreck. Certain types of injuries can be hard to detect in the hours and even days following a serious truck crash. Furthermore, formal documentation of existing injuries will be critical to civil recovery.
Starting a Truck Wreck Lawsuit
The deadline to file a semi-truck crash claim in Marlton, NJ, in most instances, is within two years from the date of the accident. If someone is killed in a truck collision, their family would have up to two years from the date of the person’s passing to file a wrongful death action for compensation.
The statute of limitations from truck accident claims involving minors two years after their 18th birthday. It is vital to understand and comply with the statutory deadline, as failure to file a case in time could forfeit any financial recovery. An experienced attorney in the area can ensure someone injured in a truck wreck files their claim before the deadline expires.
Recoverable Damages in an 18-Wheeler Accident
While the plaintiff’s recoverable compensation in a Marlton truck wreck case would depend on the extent of their losses, a lawyer might be able to help them secure a variety of monetary damages. These damages could include their lost wages, pain, suffering, medical expenses, emotional distress, disability, and future lost earning capacity. The plaintiff may also be entitled to claim punitive damages if the truck driver behaved egregiously.
Modified Comparative Negligence in Marlton
Under the law, a plaintiff can be found partially to blame for their injuries and still potentially be allowed financial recovery. The law states that if the claimant is 50 percent or less at fault for what happened, they can collect monetary damages.
However, their recovery would be limited based on their percentage of negligence. For example, if the plaintiff is 40 percent responsible for their injuries, they could still collect up to 60 percent of their awarded compensation. If the plaintiff’s percentage of negligence exceeds 50 percent, they are barred from recovery.
Contact a Marlton KaplunMarx Truck Accident Attorney Right Away
Our attorney team can render invaluable legal help during this difficult time. If a truck driver’s negligence has harmed you, you should find out more about your legal options for recovery.
A dedicated attorney can provide an initial evaluation of your potential claim and help you decide how best to proceed. Contact our office today to set up your initial case consultation.
Case Types We Work on in Marlton
Choose The Top-Rated
Personal Injury Lawyers
in Pennsylvania and New Jersey
Our Lawyers Fight for Maximum Compensation
Our duty is to hold the insurance company responsible for the maximum amount of compensation owed to you. Studies have shown that hiring an experienced attorney can lead to more than 3.5x the amount of compensation! Our legal team is aggressive in court and compassionate with our clients. It's not your fault you are injured, and we want to make sure those at fault are held responsible.
We Work With Doctors to Lower Your Medical Bills
The local medical community has a good working relationship with us. The doctors we recommend are not only experienced in treating serious injuries, but many are willing to work with us to negotiate your medical bills down to put more money into your pocket.
We Make it Easier to Find Medical Treatment
Whether you have health insurance or not, our goal is to help you get in quickly with medical care professionals and specialists.
We Protect Our Clients' Rights
Insurance companies are notorious for using underhanded practices that lower your case's value or deny your claim altogether. So, when you hire us, we will act as a barrier between you and the insurance company, ensuring they can't contact you regarding your injuries without going through us first.
You Will Not Be Alone During This Process
We know the personal injury claims process is complicated. Our team is here to guide you every step of the way and answer your questions anytime.
Our Law Firm Has Stellar Reviews
What People Say
Providing clients with exceptional service is a core value at KaplunMarx personal injury law firm in Pennsylvania and New Jersey. Take it from our satisfied client testimonials.
"I went through a lot when I was in my accident. Ted was professional and concerned about how I was doing...
...The office staff is extremely friendly and quick to assist your needs. They not only contacted me for updates, they checked in on my wellbeing. I can't express how grateful I am for their kindness and professionalism. I've never seen an attorney's office that cares as much as they do for their clients. I highly recommend their office and personally vouch that Ted Kaplun is a great attorney to have."