3/3/04-Assemblymen Wilfredo Caraballo, D-Newark, and Anthony Impreveduto, D-Secaucus, have introduced a bill that would create a criminal sanction and strict liability for owners of heavy-duty diesel trucks that are involved in fatal collisions due to any violations of state or federal safety or operating standards as determined by the Commissioner of Transportation, regardless of the actions of the operator of the vehicle.
Anyone found in violation could face imprisonment of five to 10 years, a fine of up to $150,000, or both.
Under A1433, “the owner of a truck involved in a fatal collision is prohibited from using in his defense the fact that the decedent or agent of the owner contributed to the death by his purposeful, knowing, reckless, or negligent actions or operation of a vehicle,” the sponsor’s wrote.
In addition, the bill provides that the owner commits a civil offense and would be liable to the victim for an award in the amount of damages incurred as a result of the commission of the offense, including damages for any emotional distress suffered as a result of the offense, punitive damages, and any reasonable attorney’s fees and costs of suit incurred.
This bill is part of a two-bill package designed to encourage truck safety. The companion bill – A1434 – would require independent semi-annual inspections of the majority of heavy-duty diesel trucks domiciled in the state.
For bill status, call (609) 292-4840. In New Jersey, call 1-800-792-8630.