If you or a loved one were injured in a trucking accident, having a knowledgeable MA trucking accident lawyer on your side can have a significant impact on your case. Due to various trucking regulations, these cases can be complex. However, there are no legal fees unless you obtain an award or settlement. Call us toll-free anytime at (800) 992-6878 or fill out a contact form online for a free (no obligation) consultation.

What can I be Compensated for in my MA Trucking Accident Case?

While it is dependent on the facts of your case, you may be able to receive compensation for your medical costs, lost wages, pain and suffering, among other losses. It is not uncommon for the insurance company to offer a quick settlement that is lower than what you deserve. That is why having an experienced MA trucking accident lawyer on your side is so important. They can help you get a larger settlement for your injuries and losses. An experienced MA trucking accident lawyer can assess the facts of your case and negotiate with the insurance company to ensure you get all the compensation you deserve. Read more.

What Commonly Causes a Trucking Accident?

The profile of a truck driver.

A trucking accident may happen for many reasons. Some examples could include defective equipment, distracted driving, driver fatigue, safety violations and speeding. When a truck drives at high rates of speed, they are more likely to cause serious injury due to the size and weight of the truck. Truck drivers who are fatigued also increase the possibility of a crash on the road. They may be required to drive for hours on end to fulfill job responsibilities. Studies show that, after eight (8) consecutive hours of driving, a truck driver’s alertness and performance begins to decline sharply. Several long-haul truck drivers reported falling asleep at the wheel at some point during a 30-day period.

Furthermore, large truck accidents happen when cargo falls off the truck and onto the road. Some examples of material that may become detached from the truck include bricks, gravel, logs, lumber, or other building products. Along with these dangers, falling cargo may cause the truck driver to lose control of the truck, which could cause accidents. There are regulations that must be followed when it comes to securing cargo. If these regulations are not followed, trucking companies can be held responsible for resulting injury.

As with any vehicle on the road, an accident can happen if large trucks are not inspected, repaired, or maintained. For example, if the truck’s braking system is not maintained properly, a tractor-trailer may be unable to stop suddenly if they needed to avoid hitting a car in front of them. It is also important for the truck’s lighting system to be regularly inspected for the driver, so they have full visibility at all times. Failure to do any of these things could result in an accident with other drivers.

What are Other Common Causes of Truck Accidents?

A truck driving after hitting a car in a Massachusetts truck accident.
  • Cargo that shifts weight
  • Failure to follow safety procedures
  • Overloaded commercial vehicles
  • Tire blowouts
  • Truck rollover
  • Unlicensed drivers

What Steps Should I Take After a Trucking Accident?

If you are injured in a truck accident, you should seek medical assistance as soon as possible. For serious injuries, go to the nearest emergency room. Even if your injuries are minor, it is still a good idea to see a doctor since some injuries take days or even weeks to show. Document everything you can about what happened before, during and after the truck accident. Get the name, contact number and insurance information for the driver of the truck and get the names and contact information of any witnesses who may have seen the accident. Take pictures of the accident and any sustained visible injuries. Report the accident and injuries to your insurance company. After all of these things are done, it is a good idea to consult an experienced MA trucking accident lawyer who can assess the facts of your case and make sure you receive the compensation you deserve.

Common Injuries Caused by Truck Accidents

A semi-truck tipped on its side.

Truck accidents can cause many different injuries, but below are some of the most common:

  • Whiplash or other neck injury
  • Broken bones
  • Head injuries, such as a concussion or traumatic brain injury
  • Burns to body
  • Scarring
  • Spinal cord injury
  • Nerve damage
  • Amputation
  • PTSD
  • Death

How Do Trucking Accidents Differ from Normal Car Accidents?

Vehicle accidents of any kind are awful and traumatic experiences. However, truck accidents are different from regular car accidents in several respects.

Obviously, trucks are much bigger and heavier than regular cars. This has several consequences. First, large and weighty vehicles’ brakes are slower, so they may not be able to avoid an accident as easily as a smaller car. Additionally, it is more difficult for huge vehicles to maneuver around other cars or obstacles. Finally, trucks’ massive size and weight can dramatically increase the severity of a person’s injuries in a collision.

In contrast to ordinary cars that are usually owned by an individual, trucks are typically owned by a company. This means that there are more potential parties for an injured person to sue if they are involved in a crash. On the other hand, this also means that trucking companies have different insurance policies and significant legal teams to defend against lawsuits.

Trucks are subject to more laws and regulations than normal cars, so the legal and investigatory process is often different and more complicated than a typical car accident.

Due to the differences and difficulties involved with truck accidents (as opposed to normal car crashes), we recommend speaking with an experienced truck accident lawyer so they can guide you through the process.

Who Is Legally Responsible for My Truck Accident Injuries?

Determining who is liable will depend on the specific circumstances of your truck accident. Consult with a truck accident lawyer to verify who you might be able to file a lawsuit against. Typically, there are multiple parties that could potentially be liable for your truck accident injuries, including:

  • The driver of the truck
  • The employer of the truck driver
  • The party who owns the truck, trailer, or freight being transported
  • The truck or trailer’s manufacturer
  • The party who maintained or serviced the truck

How Long Do I Have to File a Truck Accident Claim in MA?

Massachusetts law requires that personal injury lawsuits be filed within three (3) years from the date of the accident. If you do not file a claim by this time, you are forever prevented from suing anyone for those injuries.

Don’t wait until this deadline to file a claim! You should start examining your options and confer with a lawyer as soon as possible to increase your chances of getting full compensation.

Should I Contact My Insurance Company?

Speeding down the highway.

Yes! Contact your insurance company as soon as you can after the accident to file a claim. That way, the insurance company will have speedy notice of the claim, your claim may be resolved faster, and evidence will be preserved. It is important to note that you should not admit fault or agree to any settlement agreements unless you speak with an attorney first.

Will I Need to Go to Court for My Truck Accident Lawsuit?

Probably not. Most truck accident claims settle without going to court. Our firm settles approximately ninety-five percent (95%) of our clients’ lawsuits out of court. If we do end up in court, however, our seasoned attorneys are ready and willing to advocate for you.

What Type of Evidence is Needed in a Truck Accident Lawsuit?

All lawsuits depend on evidence to prove that the other party was at fault and caused your injuries. Evidence that specifically relates to a truck accident lawsuit include:

  • Witness testimony
  • Expert opinions
  • Accident or police reports
  • Your medical files
  • Photos or videos showing the collision
  • Pictures depicting damage to your vehicle or physical injury
  • Documents from a repair shop that note your vehicle’s damage
  • Any records or logs made by the truck driver
  • The truck’s electronic control module

Truck Laws in Massachusetts

Both the federal government and Massachusetts have laws to which commercial trucks and their drivers are subject. For example, below are several laws and regulations that apply to commercial trucks and their operators:

What Does Your Firm Charge for a Truck Accident Case?

We charge nothing unless and until our firm obtains an award or settlement for your trucking accident lawsuit. If we successfully settle your claim, then we receive one-third (1/3) of your total recovery, which is the industry’s standard legal fee.

Contact an Experienced MA Trucking Accident Lawyer Today

A personal injury lawyer is discussing a case with his two clients.

If you or a loved one has been involved in a truck accident, you may be entitled to compensation. We work with experienced MA trucking accident lawyers who may be able to file a trucking accident lawsuit on your behalf and charge no fee unless you get a settlement or award. Contact us anytime toll-free at (800) 992-6878 or fill out a contact form online for a free (no obligation) case evaluation.

Source:

  1. https://www.fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2016