Truck accidents typically vary in severity based on the size, load, speed and type of truck involved. Unfortunately, oftentimes truck accidents result in death due to the massive size and carrying capacity of these large vehicles. If you have been injured or a loved one has been killed in an accident involving a truck, please contact our office for legal assistance as soon as possible. Our Boston truck accident lawyers and Boston wrongful death lawyers will investigate whether the trucking company, the driver, or the trailer owner is responsible for causing the accident. If so, our Boston truck accident attorneys will seek compensation for your past and future medical expenses, past and future wages, pain and suffering, disability and other damages. To receive justice today, please call our Boston truck accident injury lawyers today at 617-787-3700 or email us atinfo@gilhoylaw.com.
Unfortunately, Massachusetts truck accidents and trucker incidents throughout the United States are not uncommon events. In fact, an individual is injured or killed in a truck accident approximately every 16 minutes in the United States. Of these truck accident victims, 77% of those injured and 86% of those killed are the drivers or passengers of the smaller vehicle that is involved, usually a car or motorcycle.
There are a number of factors that contribute to a Massachusetts truck accident. The size and weight of the truck is a hazard in itself. The lack of rear, side and front bumpers on most trucks are other dangerous aspects. Common causes of Massachusetts trucking accidents include aggressive driving behavior, bad weather conditions, brake problems, dangerous or reckless drivers, driving over the speed limit, driving under the influence of drugs or alcohol, failure to yield the right of way, fatigued, sleepy or tired drivers, inadequate training, a poor driving record of wrecks and fatal Massachusetts traffic accidents, poor visibility, overloaded trucks, oversized trucks, traction problems, truck driver inexperience, unsafe safety systems and faulty reflectors, lights or other warning devices.
A Massachusetts resident injured in a Massachusetts truck accident can suffer a wide array of injuries, typically including head, neck, back, leg, foot and spinal injuries, broken bones and even Massachusetts wrongful death. The victims of these injuries and their loved ones are entitled to money damages, typically including medical bill reimbursement, rehabilitation expenses, past and future lost wages, pain and suffering and loss of consortium.
There are many parties that may be liable in the event of a Massachusetts truck accident. Liable parties generally include the truck driver, the employer of the truck driver, the owner of the truck, and the drivers and owners of the other vehicles, if any, that are at-fault. The manufacturer of the truck or any parts of the truck that are deficient and contribute to an accident can be held liable as well. Liability can also extend to a third party maintenance company that inadequately or improperly repairs a truck.
Federal and state trucking regulations are in place to assist in securing greater truck safety across the United States and in Massachusetts. The Federal Motor Carrier Safety Administration (FMCSA) is the agency that passes and enforces all national truck rules and requirements. The FMCSA imposes rules for trucks, in addition to normal driving rules, such as adhering to the posted speed limit. For example, the FMCSA will not allow a truck driver to continue driving in the event that road conditions rise to a certain danger level. A Massachusetts truck driver is not allowed to be on the road if he or she is impaired in any way, or if he or she is likely to become impaired while operating the truck. According to FMCSA rules, all Massachusetts truck drivers and truck drivers throughout the United States must pass a required road test and medical examination, and cannot have any criminal offenses, in addition to other requirements.
The FMCSA also requires that all truck parts are in safe, working order. All cargo-securing devices must be properly in place and emergency equipment must be accessible at all times. FMCSA rules require that all truck drivers maintain what is known as a record of duty status, whereby the driver must log certain, relevant information regarding the truck. The record is reviewed prior to the trucker’s next road trip. Any Massachusetts truck driver that fails to comply with the listed regulations can suffer severe penalties. Massachusetts law regarding truck safety is similar to federal safety standards, with a few exceptions. For example, the federal
requirement mandates that an individual must be 21 years of age to obtain a truck license, whereas Massachusetts state law only necessitates that an individual reach the age of 18 to attain the same license.
There are a number of safety tips that a Massachusetts driver should follow in order to avoid a Massachusetts truck accident. First, a Massachusetts driver must understand the limitations of the truck driver. A Massachusetts truck driver does not have the same ability as a Massachusetts motor vehicle driver to change lanes and brake. A Massachusetts driver must make an attempt to stay visible to a truck driver at all times, as trucks have large blind spots which result in limited truck driver visibility. A Massachusetts driver should pull off the road completely in the event of an emergency. A Massachusetts driver should also always be cautious in adverse driving conditions, and should drive defensively at all times, as negligent Massachusetts truckers and other drivers, unfortunately, always present a threat.
If you are the victim of a Massachusetts truck accident, as much information as possible should be gathered about the accident. The license plate number, car make, car model of all of the involved vehicles, as well as the drivers’ and car owners’ names, addresses and insurance information, should be recorded. Weather conditions, witness contact information, and the direction and speed of the vehicles involved in the accident should also be written down. If possible, you should take photographs of the scene of the accident, any car damage and physical injuries. Medical attention should be sought immediately, and a log should be kept of the locations and corresponding dates of all hospitals visits.
A Massachusetts driver who is less than 50% at-fault for a Massachusetts truck accident is eligible to recover damages sustained from the truck accident. It is important to keep in mind that there is a three year statute of limitations under Massachusetts law that limits the amount of time that an individual has to file a Massachusetts truck accident lawsuit. It is, therefore, critical that a highly skilled, expert Massachusetts truck accident attorney be obtained immediately following a Massachusetts truck accident.
In addition to representing you in your personal injury case, our Boston, MA truck accident lawyers will also work with your insurance company to ensure that you receive fair treatment regarding your property damage claim. These claims could be significant in any accident involving a large commercial truck. In addition, we do not charge any up front fees in helping you get just compensation on your property damage claim.
Our Boston personal injury lawyers will be happy to provide you with a free initial consultation about your truck accident claim. We will gladly meet with you in our office, at the hospital or in the privacy of your home.
Second, our Boston truck accident legal advocates always provide our clients with exceptional client service. This is as important to us as the outcome of your truck accident case. Our Boston truck accident law office keeps every client fully informed of the progress of his or her truck accident case. As part of this commitment, all of our truck accident clients are copied on all correspondence from us, and we make it a priority to promptly respond to all phone calls and other inquiries from our clients. Our level of client service truly distinguishes us from other Massachusetts truck accident law firms. The truck accident attorneys at our truck accident law office never act on behalf of a client without first thoroughly discussing the matter at hand with our client and jointly coming to a decision beforehand. Our truck accident law office endeavors to represent each of our clients in such a manner that ensures that our clients receive the individualized, detailed attention that their unique truck accident case deserves.
Our driving motivations of superior client relations and exceptional legal counsel make us a law firm you can trust.
