Boston Truck Accident Lawyers Helping Injured Victims Pursue Compensation
Experienced Massachusetts Truck Accident Attorneys Advocating for You
Truck Accidents In Boston
Truck accidents are often some of the most devastating crashes on our roads. Boston truck accident lawyer Smith and his team of attorneys understand the long-lasting impact a truck accident can have on a victim. He can provide the legal guidance you need if you were seriously injured in a crash. Mr. Smith has aggressively advocated for the rights of his clients over the course of his 15 years of practice. He has taken cases to trial and negotiated with insurers on behalf of his clients. If you were injured in a truck accident, call us today to see how we can help.
Truck Accident Facts
A truck can cause serious damage if it is involved in an accident. Many trucks weigh upwards of 10,000 pounds, and they can cause catastrophic injuries to accident victims. More than 3,900 individuals were killed by large truck crashes in 2012, according to the National Highway Traffic Safety Administration. Approximately 104,000 suffered injuries in large truck-related collisions, and a vast majority of those injured (73 percent) were drivers or passengers of other vehicles.
Truck drivers and trucking companies are subject to several state and federal laws intended to protect both the driver and others on the road. They include limits on how long a truck driver can drive before taking a mandatory rest break; truck loading limits and procedures; and monitoring and testing for substance abuse. Still, the pressure to make delivery times can sometimes lead to devastating consequences.
Holding The Responsible Parties Accountable
In many truck accident cases, the truck driver’s negligence is at the root of the crash. Many truck drivers are overtired from working long hours and are in no position to drive. Others are distracted or, in some cases, under the influence of drugs or alcohol when they get behind the wheel.
A plaintiff may be able to hold the truck driver liable if he or she can demonstrate that the driver was negligent. Negligence is a person’s failure to use the care that a reasonably prudent person would use under the given circumstances, either by act or omission. To establish negligence, a plaintiff must show that the truck driver:
- Owed the plaintiff a duty of care;
- Breached that duty of care; and
- Caused the plaintiff’s injuries and their related damages.
In addition to the driver, a trucking company or a third party may also be liable. Trucking companies can be held vicariously liable for the driver’s negligence if the accident occurred during the course and within the scope of his or her employment. A trucking company can also be directly liable if its own negligence caused the accident (for example, if it overloaded a truck). If a defect in the truck or one of its parts caused the accident, the plaintiff may hold the truck or parts manufacturer responsible under a theory of products liability.
Preservation Of Evidence
Trucking companies are required by law to adhere to specific record-keeping requirements, such as the record-of-duty status. In every truck accident, it is crucial to gather evidence quickly to prevent spoliation of evidence. Spoliation occurs when one party intentionally alters, destroys, or fails to preserve evidence in an existing or reasonably foreseeable litigation. Massachusetts provides remedies for the party that was harmed due to spoliation. It may allow an adverse inference instruction to the jury, meaning that if there is spoliation of evidence, the jury can infer that evidence was harmful to the party that destroyed it.
Seeking Compensation For Your Injuries
If a truck accident caused your injuries, you can recover damages from the parties responsible for the crash. You can seek economic and non-economic damages that include compensation for your current and future medical bills, lost wages, future earnings, and pain and suffering. Certain family members may file a wrongful death suit if a relative died as a result of the accident.
Standing Up For Your Rights
Michael O. Smith is a Boston truck accident attorney who will stand up for you rights in your truck accident case. Mr. Smith is a seasoned trial lawyer with significant courtroom experience. He will investigate your case, interview witnesses, and aggressively represent your interests during settlement negotiations or at trial if necessary. He serves clients from his offices in Boston. To schedule a free initial consultation, contact us at 617-263-0060 or fill out our online form today.
Boston Truck Accident Lawyers Serving Injured Victims Throughout Massachusetts
Truck accidents can be significantly more complex than ordinary motor vehicle crashes. A collision involving a tractor-trailer, commercial truck, delivery vehicle, or other large vehicle may involve severe injuries, extensive property damage, multiple potentially responsible parties, and complicated insurance issues.
At Mass Injury Group Injury and Accident Attorneys, our Boston truck accident attorneys help injured individuals understand their legal options after a serious commercial vehicle collision. We examine the circumstances surrounding the crash, identify potentially responsible parties, evaluate available evidence, and pursue the compensation that may be available under Massachusetts law.
✓ Driver fatigue or hours-of-service violations
✓ Distracted driving
✓ Speeding or unsafe driving
✓ Following another vehicle too closely
✓ Improper lane changes
✓ Failure to check blind spots
✓ Driving under the influence
✓ Inadequate driver training
✓ Improperly loaded or secured cargo
✓ Overloaded commercial vehicles
✓ Defective truck components
✓ Poor vehicle maintenance
✓ Brake or tire problems
What Can Cause a Truck Accident in Massachusetts?
Truck crashes can happen for many different reasons. Determining what caused the collision is an important part of evaluating a potential injury claim.
A thorough investigation may reveal that responsibility extends beyond the truck driver. Depending on the circumstances, a trucking company, vehicle owner, maintenance provider, cargo loader, manufacturer, or another party may potentially share responsibility for a crash.
Who May Be Responsible for a Truck Accident?
Truck accident cases can involve several potentially responsible parties. Identifying the appropriate parties requires examining the facts and evidence surrounding the collision.
The Truck Driver
A truck driver may be responsible when negligent or unsafe driving contributes to a collision. Examples can include distracted driving, speeding, fatigue, impaired driving, or failing to operate the vehicle with reasonable care.
The Trucking Company
A trucking company may potentially bear responsibility depending on the circumstances. Issues involving hiring, training, supervision, vehicle maintenance, scheduling, or company safety practices may become relevant during an investigation.
A Manufacturer or Supplier
Defective brakes, tires, steering components, or other truck parts may contribute to a collision. When a defective product plays a role in an accident, product liability issues may need to be considered.
A Maintenance or Repair Company
If inadequate maintenance or improper repairs contributed to a mechanical failure, a maintenance provider or repair company may need to be investigated.
A Cargo Loader or Other Responsible Party
Improperly loaded or secured cargo can create serious safety hazards. Investigating how cargo was loaded, secured, weighed, and transported can be important in certain truck accident cases.
Frequently Asked Questions About Boston truck accident lawyer
A Boston truck accident lawyer can investigate how the collision occurred, identify potentially responsible parties, gather evidence, communicate with insurers, evaluate damages, and pursue compensation on behalf of an injured client. Truck accident cases may involve the driver, trucking company, vehicle owner, maintenance provider, cargo loader, or other parties.
It is generally wise to seek legal guidance as soon as reasonably possible after a serious truck accident. Early investigation can help preserve important evidence, including photographs, witness information, vehicle records, maintenance documents, and other crash-related information. An attorney can also explain applicable Massachusetts deadlines.
A personal injury attorney may handle many types of injury claims, while a truck accident attorney focuses specifically on collisions involving commercial trucks. Truck cases can involve additional issues such as trucking-company records, driver qualifications, vehicle maintenance, cargo loading, commercial insurance, and potentially multiple responsible parties.
A truck accident attorney in Boston may investigate driver conduct, company policies, vehicle maintenance, inspection records, electronic vehicle information, driver logs, cargo loading, accident-scene evidence, witness statements, surveillance footage, and other factors that may have contributed to the crash.
Yes. When choosing a truck accident attorney near Boston, consider the attorney’s experience with commercial vehicle collisions, knowledge of Massachusetts personal injury law, ability to investigate complex cases, communication practices, and experience handling claims involving serious injuries.
Potentially. Whether a trucking company can be held legally responsible depends on the specific circumstances. Issues such as negligent hiring, training, supervision, maintenance, scheduling, company policies, or the driver’s conduct may be relevant to determining liability.
Depending on the circumstances, potentially responsible parties may include the truck driver, trucking company, vehicle owner, maintenance provider, cargo loader, manufacturer of a defective component, or another party whose conduct contributed to the collision. A thorough investigation is necessary to determine potential liability.
If you are involved in an 18-wheeler collision, seek appropriate medical attention, report the crash as required, document the scene when possible, preserve relevant records, and avoid making statements about fault before understanding the circumstances. Because evidence in commercial truck cases can be complex, consider speaking with an experienced 18-wheeler accident attorney as soon as reasonably possible.
Depending on the circumstances and applicable law, an injured person may be able to pursue compensation for medical expenses, future medical care, lost wages, reduced earning capacity, property damage, pain and suffering, permanent impairment, and other accident-related losses. The types and amount of recoverable damages depend on the individual case.
A Boston personal injury attorney can help evaluate your potential claim, investigate the accident, identify potentially responsible parties, communicate with insurance companies, document your losses, and pursue appropriate compensation. For a commercial truck crash, an attorney may also investigate trucking-company records, vehicle maintenance, driver information, cargo, and other evidence specific to the collision.
Why Truck Accident Investigations Require Prompt Attention
✓ Evidence in a commercial truck accident can become difficult to obtain as time passes. Important information may include vehicle inspection records, maintenance documents, driver logs, electronic data, photographs, video footage, witness statements, cargo records, and other evidence related to the crash.
✓ Prompt legal attention can help preserve relevant evidence and allow an investigation to begin while important information is still available.
✓ In appropriate cases, an investigation may examine the truck itself, available electronic vehicle data, driver records, company records, maintenance history, and other evidence that may help establish how the collision occurred.
CLIENT TESTIMONIALS
Real Stories from Real People
I got in an accident and Tyler took care of me. He was quick to respond when I had questions. He didn’t let the insurance company take vantage of me.Tyler got me what I deserved. I definitely recommend him.
– Brian Derosier
Tyler Langlais esq., quickly litigated and settled my case. He was extremely professional, down to earth, and very smart. I would recommend Tyler and his team of law professionals to all family and friends of mine.
– Jim DeStefano
This Law office is great, Tyler A. Langlais was able to help me each step of the way after my car accident. Very responsive, professional, and outstanding support. Process was quick and simple, and same goes to the rest of the Attorneys. I strongly recommend it 🙂
– Alex Ventura
Attorney Michael Smith was very accommodating. I hate traveling into the city dealing with traffic, so he met me locally. He negotiated a fair settlement and I’m satisfied with his counsel.
– Myrienne