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Guide · Truck accidents · All states

How a truck accident lawsuit works

Updated By the Counselworthy teamGeneral information, not legal advice

Short answer

  • Most deaths in large truck crashes are people in cars and other passenger vehicles, the Insurance Institute for Highway Safety says.
  • An employer can be responsible for an employee driver's wrongful acts on the job.
  • In New Jersey, your own PIP pays first, and a lawsuit generally must be filed within 2 years.

Checked October 21, 2026.

Sources: Insurance Institute for Highway Safety, Fatality Facts 2024: Large trucks (posted June 2026); Wex, Respondeat superior; N.J.S.A. 39:6A-4; N.J.S.A. 39:6A-4.3; N.J.S.A. 39:6A-5(g); N.J.S.A. 2A:14-2(a). Every fact cites a source

Illustration: an interstate highway curving through hills at dusk, its traffic shown as streaks of headlights and taillights

What to do after a truck accident

The first steps at the scene, from the National Association of Insurance Commissioners, then the rules that apply to a truck.

  1. Check the sceneStay calm. Don't get out of your car if it isn't safe to.Source: Consumer Insight: Don't Be a Crash Dummy
  2. Call the policeTell them about any injuries. If police aren't sent, file an incident report.Source: Consumer Insight: Don't Be a Crash Dummy
  3. Don't admit faultBe courteous, but don't admit fault.Source: Consumer Insight: Don't Be a Crash Dummy
  4. Get witnesses' detailsTheir names and contact information.Source: Consumer Insight: Don't Be a Crash Dummy
  5. Keep notes on every callWhen you call an insurer, write down the name and contact details of the person you spoke with.Source: Consumer Insight: Don't Be a Crash Dummy
The trucking company's records

A carrier keeps its accident register for 3 years after each accident, with copies of the accident reports that states, other agencies or insurers require.

Source: 49 CFR 390.15(b)
NJIn New Jersey: stop and share your details

A driver in a crash that hurts someone must stop. Drivers must give their name and address and show their license and registration.

Source: N.J.S.A. 39:4-129(a), (c); N.J.S.A. 39:4-130
NJIn New Jersey: report it

Tell the local police right away when anyone is hurt, or when one person's property damage is over $500.

Source: N.J.S.A. 39:4-129(a), (c); N.J.S.A. 39:4-130
Source: Consumer Insight: Don't Be a Crash Dummy

Why truck crashes are so serious

The main problem is the vulnerability of people in smaller vehicles, the Insurance Institute for Highway Safety says.

Deaths in large truck crashes, 20245,340

62% were people in cars and other passenger vehicles, 17% were in the trucks, and 19% were pedestrians, bicyclists or motorcyclists.

Weight and stopping20 to 30 times a car's weight

For the heaviest trucks. Loaded tractor-trailers need 20% to 40% more distance than cars to stop.

Source: Insurance Institute for Highway Safety, Fatality Facts 2024: Large trucks (posted June 2026)

Who can be responsible

The driver

Like any crash, proving the driver negligent typically takes a duty, a breach of it, harm, and the breach causing the harm.

Source: Wex, Negligence
The trucking company

An employer can be legally responsible for an employee's wrongful acts within the scope of the job. A lawsuit typically looks to hold both the employer and the employee responsible.

Source: Wex, Respondeat superior
Not every company

That rule applies to employees, but not to independent contractors. Each state sets its own tests for it.

Source: Wex, Respondeat superior

Federal rules a truck follows

These federal rules apply to trucks in New Jersey too.

Minimum insurance

For-hire interstate trucks of 10,001 pounds or more hauling general freight need at least $750,000 in liability coverage. A minimum is a floor; a policy can be higher.

Source: 49 CFR 387.9
Drivers' hours

A driver hauling property may drive 11 hours after 10 hours off, within 14 hours of coming on duty. Truck driver fatigue is a known crash risk, IIHS says.

Source: 49 CFR 395.3(a); 49 CFR 395.8(k)(1); Insurance Institute for Highway Safety, Fatality Facts 2024: Large trucks (posted June 2026)
Duty records

Carriers keep drivers' duty records for at least 6 months.

Source: 49 CFR 395.3(a); 49 CFR 395.8(k)(1)

NJHow New Jersey's rules apply

NJYour medical bills: your own PIP first

If you were in a car, your own auto policy's PIP pays first, whoever caused the crash, up to $250,000 unless a lower amount was chosen in writing.

Source: N.J.S.A. 39:6A-4; N.J.S.A. 39:6A-4.3; N.J.S.A. 39:6A-5(g)
NJPain and suffering: the lawsuit limit

Most New Jersey car policies limit pain and suffering claims to certain injuries. But the limit protects the owner or driver of an automobile, which the law defines as a private passenger car or a personal pickup or van. A truck used in a business doesn't fit, so the limit may not apply.

Source: N.J.S.A. 39:6A-8(a); N.J.S.A. 39:6A-2(i); N.J.S.A. 39:6A-8.1(b); N.J.S.A. 39:6A-2(a)
NJYour share of the fault

It cuts what you recover. Above 50%, you recover nothing.

Source: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2
NJThe court steps

A complaint, an answer within 35 days after service, discovery, then maybe mediation or arbitration before a trial.

Source: New Jersey Courts, How to File a Complaint in the Superior Court of New Jersey, Law Division, Civil Part (CN 10553, revised August 15, 2022)

NJThe deadlines in New Jersey

  1. Sue for an injury, in generalN.J.S.A. 2A:14-2(a)Within 2 years
  2. A government truck or roadN.J.S.A. 59:8-8Notice within 90 days after the claim arises
Source: N.J.S.A. 2A:14-2(a); N.J.S.A. 59:8-8; N.J.S.A. 59:8-9

Sources

General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.

What to do next

Questions people ask

What should you do after a truck accident?

Stay calm, call the police and tell them about any injuries, don't admit fault, and get witnesses' names and contact information, the NAIC says. In New Jersey, a driver in a crash that hurts someone must stop and share their name, address, license and registration.

Who can you sue after a truck accident?

The driver, and often the trucking company: an employer can be legally responsible for an employee's wrongful acts within the scope of the job. That rule doesn't reach independent contractors, and each state sets its own tests for it.

How much insurance does a truck have to carry?

Federal rules require for-hire interstate trucks of 10,001 pounds or more hauling general freight to carry at least $750,000 in liability coverage. Some hazardous loads need $5,000,000.

Why are truck accidents so deadly?

The heaviest trucks can weigh 20 to 30 times as much as passenger cars, and loaded tractor-trailers need 20% to 40% more distance to stop, IIHS says. Most deaths in large truck crashes are people in passenger vehicles.

Does PIP cover a truck accident in New Jersey?

If you were in a car, your own auto policy's PIP pays your medical bills first, whoever caused the crash.

How long do I have to file a truck accident lawsuit in New Jersey?

Generally 2 years. If a public entity is involved, written notice is due within 90 days.

More on truck accidents

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