Truck Accident Claims in New Jersey

New Jersey law directs the Superintendent of State Police to adopt rules for motor carrier operators and vehicles that substantially conform to federal motor carrier safety requirements, including rules for vehicles in intrastate commerce that are compatible with federal rules (small intrastate farm vehicles excepted). The federal hours-of-service variances in 49 CFR 350.341(e) are adopted for intrastate commercial vehicles of 26,001 pounds or more. State Police may inspect commercial vehicles and carrier records for compliance. Federal rules separately require for-hire interstate carriers of ordinary (nonhazardous) property in vehicles of 10,001 pounds or more to carry at least $750,000 in liability coverage (49 CFR 387.9).

Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the negligence of the defendant (or the combined negligence of the defendants); damages are reduced by the injured person's percentage of negligence.

No general cap on compensatory damages in personal injury cases was found. Punitive damages are capped, and claims against public entities have limits on pain and suffering damages. Auto accident claims may be limited by the driver's chosen no-fault tort option.

Two years. An action for injury to the person caused by the wrongful act, neglect or default of another must be filed within two years after the cause of action accrues.