Who Can You Sue After a Truck Accident in New Jersey?

You’re driving home from work on Route 1 in central New Jersey when a fully loaded tractor trailer runs a red light and slams into your vehicle. Your car is totaled, you’re rushed to the hospital, and your life is turned upside down in an instant. As you recover, one question keeps running through your mind. Who is responsible for this, and who can you hold accountable?

The driver bears obvious responsibility, but they are often not the only party you can pursue. Depending on the facts of your crash, you may have claims against the trucking company, the freight broker who arranged the load, the shipper who packed it, a parts manufacturer, a maintenance contractor, or even a government agency. Knowing who to name can mean the difference between a partial settlement and full recovery for your losses.

How New Jersey’s No-Fault Insurance Law Affects a Truck Accident Claim 

Yes, but the effect depends on the tort option listed on your own auto policy, not on the type of vehicle that hit you. New Jersey drivers choose between two options under N.J.S.A. 39:6A-8. The limitation on lawsuit option (verbal threshold) restricts pain and suffering claims unless your injuries meet specific categories, including death, dismemberment, significant scarring, displaced fractures, loss of a fetus, or a permanent injury that will not heal to normal function. The zero threshold option (unlimited right to sue) allows a pain and suffering claim for any injury, regardless of severity.

Given the severity of most truck collisions, injured drivers usually meet the serious injury threshold even under the limitation on lawsuit option, which lets them step outside the no-fault system and pursue full compensation.

Who Can You Sue After a Truck Accident in New Jersey?

You can pursue a claim against the truck driver, the trucking company that employed them, the freight broker or shipper involved in the load, a parts manufacturer, a maintenance contractor, or a government agency, depending on what caused your crash. Liability in these commercial truck cases often spreads across more than one party, and identifying every one of them affects how much you can ultimately recover.

Can You Sue the Truck Driver Directly?

Yes. The driver is the most direct defendant, and drivers can be held liable for fatigue, hours-of-service violations, speeding, intoxication, distracted driving, or failing to inspect the vehicle before a trip. Under 49 CFR Part 395, property-carrying drivers cannot drive more than 11 hours after 10 consecutive hours off duty, or drive past the 14th hour after coming on duty.

For example, if a driver’s electronic log shows 13 hours behind the wheel before a rear-end collision, that hours-of-service violation becomes direct evidence of negligence in your case, separate from any claim against their employer.

Can You Sue the Trucking Company?

Yes, in most cases. Most commercial drivers work as employees, so the trucking company is typically liable for the driver’s actions under respondeat superior, the legal doctrine that holds employers responsible for negligence committed within the scope of employment. The company can also face direct liability for failing to train drivers, hiring someone with a poor safety record, pressuring drivers to break hours-of-service rules, or skipping vehicle maintenance.

For example, if a company kept dispatching a driver after two prior speeding citations on record, that pattern can support a separate negligent retention claim against the company in addition to the 18-wheeler crash claim against the driver.

Can You Sue the Freight Broker That Arranged the Load?

Yes, in many cases. A freight broker connects a shipper with a motor carrier to move a load, and a broker who selects a carrier with a known poor safety record can be held liable for negligent hiring. On May 14, 2026, the U.S. Supreme Court confirmed this path in Montgomery v. Caribe Transport II, LLC, ruling unanimously that federal transportation law does not shield brokers from state negligence claims tied to motor vehicle safety.

For example, if a broker booked a carrier that FMCSA had flagged with deficiencies in driver qualification and vehicle maintenance, and that carrier’s truck later caused your crash, the broker’s selection decision can become its own claim.

Can You Sue the Shipper That Loaded the Truck?

Yes, in certain situations. A shipper who physically loads or secures cargo can be liable for injuries caused by that cargo shifting, and a shipper who knowingly hires an unsafe carrier can face a similar negligent selection claim. Overloading a trailer, distributing weight unevenly, or skipping proper tie-downs are common examples of shipper negligence.

For example, if a warehouse crew loaded steel coils without adequate blocking and one broke free during a hard stop, causing the truck to jackknife, the shipper’s loading practices become part of the case, separate from the driver’s own conduct.

Can You Sue the Truck or Parts Manufacturer?

Yes. When a mechanical failure contributes to a crash, the manufacturer of a defective brake system, tire, steering component, or hitching system may be liable. New Jersey product liability claims can proceed under strict liability, meaning you do not need to prove the manufacturer was negligent, only that the product was defective and that the defect caused your injuries.

For example, if a tractor-trailer’s trailer hitch was later found to have a manufacturing defect that let the trailer detach mid-drive, the manufacturer becomes a defendant alongside the driver and carrier.

Can You Sue the Company That Maintained the Truck?

Yes. Many trucking companies outsource repairs to third-party shops, and a maintenance provider that skips inspections, uses substandard parts, or falsifies service records can be held liable for a resulting crash.

For example, if a shop signed off on a brake inspection it never performed, and the brakes failed weeks later on a downgrade, that shop’s records become central evidence establishing its own negligence, apart from the trucking company’s.

Can You Sue a Government Agency for a Truck Accident?

Sometimes. A government agency responsible for road design, signage, or maintenance may share liability for poorly designed intersections, missing warning signs, or unsafe construction zones. Suing a government entity requires filing a Notice of Tort Claim within 90 days of the crash under N.J.S.A. 59:8-8, well short of the standard two-year window. After that notice, you must wait six months before filing suit, though the overall statute of limitations stays at two years. Missing the 90-day deadline can end this part of your case regardless of how serious your injuries are.

How Multiple Parties Share Liability in New Jersey 

Multiple parties often share fault in a single truck crash, and New Jersey’s comparative negligence system lets you pursue every party that contributed to your injuries. Consider a scenario where a truck’s brakes fail and the driver rear-ends your vehicle. Investigation might show the driver was speeding (30 percent fault), the trucking company skipped brake maintenance (40 percent fault), and the brake manufacturer shipped a defective part (30 percent fault). You could pursue all three, with each paying its share.

Under N.J.S.A. 2A:15-5.1, you can recover as long as your own fault is not greater than the combined fault of the defendants. And under N.J.S.A. 2A:15-5.3, any defendant found 60 percent or more at fault can be held responsible for the full damages award, so you could collect the entire judgment from that one defendant.

Compensation You Can Recover in a Truck Accident Lawsuit 

You can pursue several categories of compensation depending on the severity of your injuries. Economic damages cover medical expenses, lost wages, reduced earning capacity, property damage, and rehabilitation costs. Non-economic damages cover pain and suffering, emotional distress, and permanent disability.

In cases involving especially reckless conduct, such as drunk driving or deliberate hours-of-service violations, punitive damages may also be available to punish the defendant. Families who lose a loved one in a fatal crash may also have grounds for a wrongful death claim against the same parties.

Large trucks are involved in a disproportionate share of the country’s most severe crashes. In 2022, 5,936 people were killed in traffic crashes involving large trucks nationally, and 70 percent of those killed were occupants of other vehicles, according to NHTSA. These figures are national averages, not case-specific predictions.

How Much Time Do You Have to File a Truck Accident Lawsuit in New Jersey?

You generally have two years from the date of the accident to file a personal injury lawsuit under N.J.S.A. 2A:14-2. Claims against a government entity require a Notice of Tort Claim within 90 days, a much shorter window that can permanently bar your claim if missed. Evidence in truck crash cases, including electronic logs and maintenance records, can disappear quickly, so starting your case early helps preserve it.

Key Takeaways

• More than the truck driver may be liable, including the trucking company, freight broker, shipper, manufacturer, maintenance provider, and sometimes a government agency
• The Supreme Court’s May 2026 ruling in Montgomery v. Caribe Transport II confirmed that brokers can be sued for negligently hiring an unsafe carrier
• New Jersey lets you recover from multiple defendants as long as you are not more than 50 percent at fault
• A defendant found 60 percent or more at fault can be held responsible for your entire damages award
• You generally have two years to file suit, but only 90 days to file a Notice of Tort Claim against a government entity

Frequently Asked Questions

Q. Can I sue both the truck driver and the trucking company?

A. Yes, in most cases. The trucking company is typically liable for its employee’s actions under respondeat superior, and it may also carry its own liability for negligent hiring, training, or maintenance practices.

Q. What if the truck driver was an independent contractor?

A. You would primarily sue the driver individually, though the company that hired them might still share liability depending on how much control it exercised over the driver’s work.

Q. Can I sue the freight broker that arranged the shipment?

A. Yes, if the broker selected a carrier with a known poor safety record. The Supreme Court confirmed in May 2026 that state negligent-hiring claims against brokers are not blocked by federal transportation law.

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

A. Generally two years from the accident date. Claims against a government entity require a Notice of Tort Claim within 90 days, so it helps to consult an attorney right away.

Q. What if I was partially at fault for the accident?

A. New Jersey follows a modified comparative negligence rule. You can still recover as long as you were 50 percent or less at fault, though your award is reduced by your percentage of fault.

Q. Does my auto insurance tort option affect a truck accident claim?

A. Yes. Your policy’s verbal threshold or zero threshold election can limit pain and suffering claims, though most serious truck crash injuries meet the threshold either way.

Q. Do I need to prove the trucking company knew their driver was dangerous?

A. Not necessarily. Under respondeat superior, the company can be liable simply because its employee caused the crash while working. Proof the company knew about safety issues can support an additional claim.

Q. What if a defective truck part caused my accident?

A. You may have a product liability claim against the manufacturer under strict liability, meaning you need to show the part was defective and caused your injuries, not that the manufacturer was careless.

Q. Can I sue the company that loaded the truck’s cargo?

A. Yes, if improper loading, overloading, or missing tie-downs contributed to the crash. The shipper or loading company can be held directly liable for those failures.

Q. What if a pothole or bad road design contributed to the crash?

A. You may have a claim against the responsible government agency, but you must file a Notice of Tort Claim within 90 days of the crash or you could lose that part of your case entirely.

Q. How much money can I recover if multiple parties are at fault?

A. Each liable party generally pays its share of your damages. If one defendant is 60 percent or more at fault, you may be able to collect your entire award from that one party.

Q. Do I need a lawyer to sue a trucking company?

A. It helps. Trucking companies and their insurers move quickly to protect their interests, and identifying every liable party, including brokers and shippers, often requires early investigation.

Talk to a New Jersey Truck Accident Attorney Today

A serious truck crash rarely has a simple cause, and the parties responsible for it will not step forward on their own. Trucking companies, brokers, and their insurers move fast after a crash, sending investigators to the scene, collecting favorable statements, and building a defense before you have even left the hospital. Without your own investigation into the driver’s logs, the carrier’s safety record, and the maintenance history behind your crash, you risk settling with only one party when several may owe you compensation.

The attorneys at Kreizer Law have the resources to take on trucking companies, freight brokers, and their insurers, and the experience to identify every party whose negligence contributed to your crash. We handle the investigation, the paperwork, and the deadlines so you can focus on recovering. Contact Kreizer Law today for a free consultation and find out what your case may be worth.