Truck and bus accidents are among the most devastating crashes on New Jersey roads. Because of their size and weight, these vehicles often cause catastrophic injuries or fatalities when collisions occur. When a loved one is killed in such an accident, surviving family members are left not only with overwhelming grief but also with unexpected financial burdens. In these cases, a wrongful death claim can provide a pathway to justice and compensation.
What Is a Wrongful Death Claim?
A wrongful death claim arises when a person’s death is caused by the negligent, reckless, or intentional actions of another party. In New Jersey, the state’s Wrongful Death Act (N.J.S.A. 2A:31-1 et seq.) allows surviving family members to recover damages when someone’s misconduct results in a fatal accident.
For truck and bus accidents, wrongful death claims often stem from negligence such as:
- Truck driver fatigue or distracted driving.
- Operating a commercial vehicle under the influence of alcohol or drugs.
- Poor vehicle maintenance leading to brake or tire failures.
- Bus companies failing to train or supervise drivers.
- Overloaded or improperly secured cargo.
Who Can File a Wrongful Death Claim in New Jersey?
Under New Jersey law, wrongful death claims are filed by the personal representative of the deceased person’s estate. While the estate pursues the claim, compensation is ultimately distributed to surviving family members, including:
- Spouse and children.
- Parents, if no spouse or children survive.
- Other dependents or heirs if closer relatives are not available.
This ensures that those who relied on the deceased for financial or emotional support receive the benefit of any recovery.
Compensation Available in Wrongful Death Cases
Damages in a New Jersey wrongful death claim are meant to address the economic and financial losses suffered by surviving family members. These may include:
- Funeral and burial expenses.
- Loss of financial support the deceased would have provided.
- Loss of household services, such as childcare or home maintenance.
- Loss of guidance, companionship, and care.
Unlike some states, New Jersey does not allow recovery for emotional distress under the Wrongful Death Act itself, though family members may pursue separate claims for emotional damages in certain situations.
Survival Actions
In addition to wrongful death claims, families may also file a survival action under New Jersey law. This type of claim seeks damages the deceased could have pursued had they survived, such as medical expenses and conscious pain and suffering between the time of the accident and death. Survival actions are filed by the estate and can be pursued alongside a wrongful death claim.
Statute of Limitations
Time is an important factor in wrongful death cases. In New Jersey, families generally have two years from the date of death to file a wrongful death lawsuit. Failing to meet this deadline may result in losing the right to pursue compensation, making it essential to act promptly.
Why Legal Help Is Critical
Truck and bus accidents are more complex than standard car accidents. Multiple parties may be liable, including drivers, transportation companies, maintenance providers, or even manufacturers of defective parts. Insurance companies and corporate defendants often mount aggressive defenses to limit payouts. An experienced wrongful death attorney can investigate the accident, identify all responsible parties, and pursue the maximum compensation available under New Jersey law.
Conclusion
The loss of a loved one in a truck or bus accident is devastating, both emotionally and financially. Through a wrongful death claim, New Jersey law gives families the ability to seek justice and secure financial support during a difficult time. Compensation can help cover funeral costs, replace lost income, and provide stability for the future.
If your family has suffered the tragic loss of a loved one in a truck or bus accident, consulting a skilled New Jersey wrongful death attorney is essential. With the right legal guidance, you can hold negligent parties accountable and protect your family’s future.