What Damages Can You Recover After a Commercial Truck Accident in NJ?

After a commercial truck crash, the damage isn’t just to your vehicle. It can affect nearly every part of life. Knowing what kinds of losses are recoverable under New Jersey law helps you understand your rights and decide whether to pursue legal action. If you’ve been injured in a crash involving a commercial truck, this guide to truck accident damages in New Jersey explains what compensation may be available and how DiTomaso Law helps you pursue it.

Understanding Compensation After a Truck Crash

When people think about commercial truck accident compensation NJ, they often focus on medical bills or repairing their car. But legal damages go far beyond that. New Jersey law allows economic and non-economic damages, and in limited cases, punitive damages. What you can recover depends on the details of your case: how badly you were injured, who was at fault, available insurance coverage and policy limits, and whether the trucking company violated any regulations.

Types of Damages You Can Recover

Here are the types of damages that are most commonly recoverable in tractor-trailer truck accident cases in New Jersey:

Economic Damages

These are the clear, documented financial costs. They usually include:

• Medical expenses: Including emergency care, hospital and surgical care, rehabilitation and therapy, medical devices, and future treatment for permanent injuries
• Lost wages: For time missed from work during recovery, plus travel costs for medical appointments
• Loss of earning capacity: If you’re no longer able to work the same job (or at all) or have to accept lower pay because of injuries
• Property damage: Repairs or replacement of your vehicle and other damaged property; diminished value; and costs to clean up or remove damaged items
• Miscellaneous out-of-pocket losses: Things like transportation to medical appointments, ongoing care, and household help if injuries prevent you from doing tasks you used to do

Non-Economic Damages

These are not tied to bills or paychecks, but they matter deeply. They include:

• Pain and suffering: Physical pain and discomfort, both immediate and long-term
• Emotional distress: Anxiety, depression, PTSD, sleep issues, and fear of driving or of trucks
• Loss of enjoyment of life: Inability to participate in hobbies, family events, social life, or activities you used to enjoy
• Disfigurement or permanent impairment: Scarring, loss of function, loss of mobility, loss of senses, etc.

Punitive Damages (Less Common)

In rare cases, where there’s gross negligence or willful misconduct (such as a trucking company knowingly violating safety regulations or driver fatigue rules), punitive damages may be sought. These are meant to punish the wrongdoer and deter similar behavior.

Wrongful Death Damages

If a commercial truck accident causes someone’s death, the victim’s family may recover damages that include funeral and burial expenses, loss of financial support, loss of companionship, and other losses permitted under NJ law.

Legal & Practical Factors That Can Affect What You Recover

Knowing what damages are on the table is one thing. Recovering them is another. These are important factors that often influence how much compensation someone actually receives in a case involving truck accident damages in New Jersey:

Fault & Comparative Negligence

New Jersey follows a modified comparative negligence system. Under N.J.S.A. § 2A:15-5.1, if you are partly responsible for the accident, your total recoverable damages will be reduced by the percentage of fault attributable to you. If you are more than 50% at fault, you cannot recover any damages. The lower your fault percentage, the less the reduction in your compensation.

Severity & Permanence of Injuries

The more serious and lasting the injury, the larger the non-economic damages tend to be. Permanent disabilities or impairments often lead to significantly higher awards for pain and suffering or loss of enjoyment of life.

Documentation & Evidence

Strong documentation is essential: medical records, bills, expert testimony, ongoing care, and proof of past and future lost wages. For commercial truck cases, additional evidence may include inspection reports, maintenance logs, hours-of-service records, electronic logging device data, and any event data recorder information. Evidence of federal or state trucking-rule violations can strengthen a claim. Most motor carriers must keep ELD and supporting records for six months, so early legal action to send a preservation request is critical.

Insurance Policy Limits & Liability Exposure

Commercial trucks usually carry higher insurance limits than personal cars, but that does not ensure full recovery. If the trucking company has strong coverage and multiple parties may be liable (driver, company, maintenance, cargo loaders, etc.), multiple liable parties can expand the avenues for recovery.

Statute of Limitations

Most New Jersey personal injury claims, including truck crashes, must be filed within two years under N.J.S.A. § 2A:14-2.

Here are common exceptions and extensions:

• Discovery rule: If injury or causation is not immediately apparent, the clock may start upon reasonable discovery.
• Minors: If a minor is injured, the statute is tolled (paused) until age 18, to give additional time.
• Mental incapacity/disability: If, at the time of the injury, you are legally incapacitated, the limitation period may be suspended until the incapacity ends.
• Claims against public entities: If you are suing a state, county, municipality, etc., a Notice of Tort Claim is usually required within 90 days under the New Jersey Tort Claims Act. Late-notice applications are discretionary and fact-specific. Failing to provide timely notice can bar your ability to sue.

Why Choosing The Right Attorney Matters for Commercial Truck Accident Cases

Recovering commercial truck accident compensation NJ is often more complex than typical auto accident cases for several reasons:

• Multiple liable parties, including the driver, the carrier, the maintenance providers, and parts manufacturers.
• Potential FMCSA and NJDOT safety violations.
• Insurers often pushing for quick, low settlements.
• Critical evidence, including medical records and bills, expert opinions, wage documentation, and trucking evidence such as hours-of-service records, ELD data, and event data recorder information.

At DiTomaso Law, we have experience handling serious truck injury cases, uncovering all liable parties, preserving evidence, and building claims that truly reflect the full scope of our clients’ losses.

Example Scenarios: What Damages Might Look Like in Real Life

1. Spinal Injuries Requiring Surgery and Ongoing Rehabilitation

A commercial truck collides with your vehicle and causes spinal injuries requiring surgery and ongoing therapy. This may support recovery of medical expenses and future care, lost wages, loss of earning capacity, pain and suffering, and compensation for permanent impairment.

2. Hours-of-Service Violations and Fatigued Driving

A crash where a trucking company violated hours-of-service rules and caused driver fatigue may provide powerful evidence of negligence. If the proof shows knowing or reckless non-compliance that reflects a wanton and willful disregard for safety, it may also support punitive damages under New Jersey law.

3. Permanent Disfigurement or Loss of Limb

If the crash leads to permanent disfigurement or loss of limb, recoverable damages may include emotional distress, loss of enjoyment of life, and compensation for permanent impairment or disfigurement, in addition to economic losses.

Steps to Maximize Your Recovery

To make sure you aren’t leaving money on the table, here are proactive steps to take:

• Seek prompt medical attention and keep all records.
• Document the scene with photos or video, collect names and contact information for witnesses when possible, and obtain the police/accident report.
• Preserve trucking data, including driver logs, ELD/black box downloads, and maintenance records.
• Keep track of all lost income and out-of-pocket expenses.
• Avoid speaking to insurance companies without counsel.
• Contact a New Jersey commercial truck accident lawyer as early as possible, before evidence is lost or altered.

Speak with a South Jersey Truck Accident Lawyer

If you or someone you love has been hurt in a commercial truck crash, understanding the full scope of recoverable damages is essential. From tangible losses like medical bills and lost wages to pain, suffering, and loss of quality of life as you knew it, New Jersey law allows for broad recovery, but only with careful work and strong legal advocacy.

We represent clients across New Jersey, notably in Camden, Burlington, Gloucester, Atlantic, and Monmouth Counties, and we also serve the greater Philadelphia area.

At DiTomaso Law, we fight for clients to ensure they receive the commercial truck accident compensation that reflects both the financial and human costs of their injury. If you want help assessing what damages you may be entitled to or you would like a consultation, please contact DiTomaso Law at 856-414-0010 or fill out our free case review form. Let us help you put experience and compassion on your side.

Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.