New Jersey Truck Accident Laws
In New Jersey you generally have two years to file a truck accident lawsuit. New Jersey uses modified comparative fault, barring recovery if you are more than 50% at fault. Claims against public entities need a notice within 90 days. Your own auto policy's lawsuit threshold can also affect claims for pain and suffering.
How long do you have to file in New Jersey?
Generally two years from the crash (N.J.S.A. 2A:14-2). Under the New Jersey Tort Claims Act, a notice of claim against a public entity must be filed within 90 days (N.J.S.A. 59:8-8).
How do fault and no-fault insurance work in New Jersey?
Under the Comparative Negligence Act (N.J.S.A. 2A:15-5.1), you can recover if your fault is not greater than the defendants', with compensation reduced by your share. New Jersey is a no-fault auto insurance state, so your own personal injury protection pays early medical bills. If you chose the 'limitation on lawsuit' option on your own policy, you may need to meet an injury threshold to claim for pain and suffering (N.J.S.A. 39:6A-8(a)).
Where do New Jersey truck crashes happen?
Port Newark-Elizabeth, part of the busiest port complex on the U.S. East Coast, and the warehouse corridor around it generate enormous truck traffic. The New Jersey Turnpike (I-95), I-78, I-80 and I-287 are among the most heavily used freight routes in the Northeast.
Frequently asked questions
What is the statute of limitations for a truck accident in New Jersey?
Generally two years from the crash under N.J.S.A. 2A:14-2.
Can I recover in New Jersey if I was partly at fault?
Yes, as long as your fault was not greater than the other parties'. Compensation is reduced by your share.
Does New Jersey no-fault insurance stop me suing the trucking company?
No, but your own policy's lawsuit option may require you to meet an injury threshold to claim for pain and suffering. Economic losses above your PIP coverage can still be claimed.
What if a public vehicle hit me in New Jersey?
You must file a notice of claim with the public entity within 90 days under the Tort Claims Act.
Which New Jersey roads have the most truck traffic?
The New Jersey Turnpike, I-78, I-80 and I-287, especially around the Port Newark-Elizabeth warehouse district.