NJ truck accident timeline — here’s how a New Jersey truck-crash case usually unfolds, from the first notices to insurers through discovery, arbitration, and trial.
If a tractor-trailer hit you on I-80 or Route 17, you’ve already felt how quickly everything gets complicated: police, tow trucks, insurance calls, medical bills, missed work. The legal process has a rhythm to it. Below, we walk you through what typically happens and when — so you know what matters now, what can wait, and where cases most often settle.
NJ truck accident timeline: discovery, arbitration, and trial
Right away (same day to week 1)
Get medical care; report the crash; start the paper trail. If police didn’t investigate, New Jersey requires a written crash report within 10 days on the SR-1 form, and you can later order the official police report (NJTR-1) through the NJ State Police portal.
First month
Open your PIP claim (New Jersey’s no-fault medical coverage) and coordinate benefits; we send preservation letters for truck data — ELD logs, ECM “black-box” downloads, dash-cam, maintenance records — before routine deletion windows run.
Months 2–6
If the claim doesn’t resolve, we file suit. The court assigns a discovery track (most injury cases are Track II: ~300 days). Discovery starts when the first answer is filed or 90 days after the first defendant is served — whichever comes first.
Pre-trial
Most auto-injury cases in NJ go to mandatory, non-binding arbitration. Either side can reject the award by filing a trial de novo request within 30 days; if that happens, courts aim to put you on a trial calendar — typically within about 90 days of the request.
Anytime there’s a public entity
If a state/county/municipal vehicle or a dangerous public roadway is part of your case, you must serve a Tort Claims Act Notice within 90 days, and the State now requires you to file it digitally.
The outer limit
Most New Jersey personal-injury lawsuits must be filed within two years of the crash. Don’t cut it close.
Day 0–3: Health first, but start the record
Adrenaline masks injuries. Get evaluated, follow through on referrals, and keep every discharge summary and imaging report. If police didn’t take the report at the scene, complete the SR-1 within 10 days (it’s the State’s self-report form for crashes not investigated by police). When the police report is ready, you can download it through the NJSP Crash Reports portal.
A quick note on medical billing: New Jersey is a no-fault state. Your PIP benefits usually pay crash-related treatment up to your chosen limits (some policies let you pick health insurance as primary). The NJ Department of Banking & Insurance has an easy explainer on that option. Bring your auto policy and health card to your consult and we’ll line up who pays first.
Week 1: Lock down the trucking evidence (before it’s gone)
Trucking cases are built on data:
- ELD/RODS (hours-of-service) logs — motor carriers must retain them six months and keep a separate backup.
- ECM/telematics — speed, braking, throttle position, hard-brake events.
- Dash-cam and depot video, dispatch messages, maintenance and brake records, and the driver qualification file.
We send preservation letters immediately so nothing is overwritten during routine deletion cycles. The FMCSA rules and guidance confirm the six-month retention and backup requirement for ELD data.
Why it matters: big rigs need more room to stop, especially on wet roads or when brakes aren’t maintained. That’s not an excuse — it’s a duty. IIHS summarizes the physics and the role of fatigue; we marry those science points to your truck’s actual logs and maintenance history.
Month 1: Insurance, coverage, and the official report
We open your PIP claim correctly (per NJDOBI guidance), order the NJTR-1 police report, and identify every potentially responsible party — the driver, motor carrier, broker/shipper/loader (for cargo problems), and any other motorists who contributed. We also map coverage: federal rules set minimum public-liability limits for motor carriers that are often much higher than ordinary car policies.
Within 90 days (only if a public entity is involved)
If a government vehicle hit you, or you’re alleging a dangerous public roadway, you must serve a Tort Claims Act Notice within 90 days and wait six months before filing suit. As of 2024–2025, the State requires digital submission through the Treasury portal. Miss the 90-day window and the claim may be barred (there’s limited late-notice relief).
Filing suit and the discovery clock
When a claim doesn’t resolve, we file in the Superior Court. After the first answer, the court assigns a discovery track:
- Track I — 150 days
- Track II — 300 days (common for auto-injury)
- Tracks III/IV — 450 days
By rule, discovery starts on the earlier of (a) the first answer or (b) 90 days after the first defendant is served. That timing matters when we’re racing to force production of logs, maintenance, and video.
During discovery, expect written exchanges, depositions (you, the truck driver, company reps), and possibly a defense IME. We’ll bring in experts where they help — crash reconstruction, hours-of-service/fatigue, brake systems, medical and vocational.
Arbitration (and how to keep your options open)
Most NJ auto-injury cases go to mandatory, non-binding arbitration. You’ll attend a short hearing; an award is filed. If either side dislikes it, they can demand a trial de novo — but the deadline is strict: 30 days from the filing of the award in the court’s system. If a party files that demand, the rules say the case should be scheduled for trial within about 90 days of the request.
Many cases settle right after key depositions or after arbitration, when the evidence is locked and trial is real.
Trial, verdict, and after
If your case tries, the jury hears liability first (including New Jersey’s comparative negligence rule) and then damages: medical bills and future care, lost wages/earning capacity, household services, property damage, and pain and suffering. There’s no general cap on compensatory damages in standard NJ negligence cases. Post-trial, the court enters judgment; either side can file motions or appeal. We also resolve medical liens and reimbursement issues so your net recovery is protected.
A few practical tips that truly help
- Keep care consistent — gaps become defense talking points.
- Photograph injuries and save receipts (meds, braces, rides to PT, childcare).
- Don’t post about the crash on social media.
- Tell your shop/insurer not to scrap your vehicle until we confirm we have all needed photos or inspections.
- Let us coordinate PIP and health insurance benefits under NJDOBI’s rules so bills are paid correctly. 
Why trucking claims aren’t “just big car cases”
Two reasons: federal rules and bigger insurance. The Hours-of-Service regulations limit drive time and require rest, and carriers must retain ELD logs and backups for six months — records that can make or break a liability story. And because federal rules require minimum liability limits for motor carriers, there’s usually real coverage to pursue if we prove fault.
Critical New Jersey deadlines (bookmark these)
- 10-day crash report if police didn’t investigate (SR-1). Police reports available through the NJSP portal.
- Two-year statute of limitations for most personal-injury lawsuits.
- Tort Claims Act Notice within 90 days when a public entity is involved (filed digitally via Treasury).
- Arbitration: 30 days to demand a trial de novo, and trials are to be scheduled within ~90 days after that request.
How we help (and what you’ll feel from us)
- You’ll feel two things from us right away: calm and momentum. We take the noise off your plate and get the critical evidence before it disappears.
- Day-one evidence hold. We send preservation letters for ELD/RODS, ECM (“black box”), dash-cam/depot video, driver files, and maintenance/brake records—so routine deletion cycles don’t erase your case.
- Insurance + medical made manageable. We open and coordinate PIP benefits under New Jersey rules, help organize medical records/bills, and deal with insurers so you don’t have to keep repeating your story.
- Local, practical investigation. We know the choke points on I-80 and lane changes on Route 17. We canvas nearby cameras (malls, businesses, toll areas) quickly while footage still exists.
- Straight talk, steady updates. No legalese. You’ll get a clear roadmap, check-ins after key milestones (police report in, driver depo done, arbitration award filed), and fast answers when something’s worrying you.
- Built for trial—even if we settle. From the start we work the case like it’s going to court: reconstruction and fatigue analysis, brake/maintenance reviews, and credible medical and vocational proof of future impact.
- Title 59 know-how when government is involved. If a public entity is in the mix, we draft and file the Tort Claims Act Notice through the State’s digital portal on time and track the six-month clock.
Ready to talk? Schedule a free, no-pressure consultation with our team: Contact Sammarro & Zalarick
Legal disclaimer: This article is for general information only and does not create an attorney-client relationship. Laws and deadlines change; please contact an attorney for advice about your specific situation.