Driving near trucks on Massachusetts roads can be nerve-wracking, so it’s essential to remain visible and drive carefully and cautiously around them. Unfortunately, no matter how safe you drive, someone may neglect their duty to care for your well-being and cause an accident and your injuries. In this case, you deserve top-notch representation to build a strong claim and fight for you.
Our Sweeney Merrigan Personal Injury Lawyers have recovered millions for truck accident victims in our 45 years of experience. With our unmatched legal services and innovative strategies, you can count on us to handle your claim with the utmost care and attention. We strive to hold the liable party accountable and achieve the compensation you deserve. During your free consultation, we listen to your story and determine the best path to a fair settlement. Give our truck accident lawyers in Massachusetts a call at (774) 341-5778 or fill out our contact form today.
What Causes Massachusetts Truck Accidents?
In 2022, there were 5,370 deaths due to accidents involving large trucks nationwide. Nearly all truck accidents come from human error. They are preventable tragedies that would occur less often if everyone involved in the trucking industry did their part to avoid collisions. Truck companies, their staff members, truck drivers, cargo loaders, truck owners, maintenance crews, and part manufacturers can all cause truck accidents in Massachusetts if they breach their duties of care in the following ways:
- Poorly trained truck drivers
- Distracted truck drivers/texting and driving
- Hours of service violations and drowsy drivers
- Driving while intoxicated or under the influence of drugs
- Speeding or reckless driving
- Improper truck operation or braking techniques
- Large blind spots (No Zones) and improper lookout
- Unsafe lane changes
- Poorly secured cargo or unevenly loaded truck
- Broken state and federal trucking laws
After a truck accident, the victim may have to determine causation and fault. Although Massachusetts uses a no-fault auto accident law, victims can pursue compensation through a personal injury lawsuit if they have serious injuries. Determining fault for a truck accident in Boston often requires help from a Massachusetts truck accident attorney and investigators.
How to Prove Negligence After a Truck Accident in Massachusetts
You are responsible for proving negligence when filing a claim against a liable party in a truck accident. In Massachusetts, negligence consists of four elements:
- Duty: The legal duty to use reasonable care
- Breach: Deviating from the duty to use reasonable car (can be act or omission).
- Causation: The act of negligence must cause damages. The plaintiff will have the burden of proving the link between negligence and damages.
- Damages: Damages include medical bills, lost earnings, and pain and suffering.
We understand this can seem intimidating, but we can help you gather evidence like medical records, witness testimony, video footage, photos, videos, and personal statements to build a solid claim. You can take steps after the accident to protect your rights and help prove fault, like taking photos and videos of the scene and your injuries, documenting information of those involved, and writing down witness information. This evidence helps prove the liable party’s neglect and the damages it caused.
What Damages Are Available for Truck Accident Victims in Massachusetts?
Commercial vehicle operators, such as trucking companies, are subject to Federal Motor Carrier Safety Administration regulations requiring higher insurance limits. This means more money may be available for insurance claims, but the trucking companies may increase their efforts to defend themselves. Our Massachusetts truck accident lawyers have the skills and resources to take on these major companies and achieve the compensation you deserve.
Depending on the severity of your injuries and other details of the accident, you may recover the following damages:
- Pain and suffering
- Current and future medical bills
- Property damage
- Lost wages from missed work
- Loss of earning capacity
- Rehabilitation and physical therapy
- Emotional distress
- Reduced quality of life
- Disability and disfigurement
- Punitive damages
When awarding damages, Massachusetts used a modified comparative negligence system. Each party involved in the accident receives a percentage of fault, which gets deducted from their compensation. For example, if you are 15% at fault for going slightly over the speed limit, your damages will be reduced by 15%. Those with over 51% of the responsibility cannot collect damages.
While this system allows you to recover damages even if you were partially at fault, insurance companies may try to assign you an unfair percentage of the blame to reduce your damages further. We understand these tactics and fight tirelessly to ensure you receive a fair settlement.
How Can a Lawyer Help You After a Massachusetts Truck Accident?
Trucking accidents are often catastrophic, causing serious injuries that require extensive treatment and recovery. Instead of worrying about the complicated legal process, our compassionate Massachusetts truck accident lawyers can handle every aspect of your claim, including the following:
- Scrutinize all state and federal regulations that affect the trucking operation, the vehicle, and the driver.
- Review the truck driver’s logbook, drug testing results, and relevant medical records (for example, sleep medications)
- Submit a Freedom of Information Act request to review the entire safety history of the trucking company.
- Establish compliance with regulations and permits. Massachusetts statutes regulate weight limits for large trucks and have specific requirements for permissible gross loading, axle spacing, vehicle widths, and the number of tires for vehicles with three, four, and five or more axles. If trucks exceed certain legal size and weight restrictions, a Commercial Truck Permit may be required.
- Fight to negotiate a favorable settlement for you, or have our accomplished trial attorneys argue passionately on your behalf in front of a Massachusetts jury.
It’s also important to note that Massachusetts law only gives truck accident victims three years to file their claims. While this may seem like plenty of time, recovery and other delays can make it challenging to meet this deadline on your own. Our Sweeney Merrigan Personal Injury Lawyers ensure your claim is filed swiftly so that you can receive full compensation for your injuries as soon as possible. We work with some of the country’s best trucking industry and trucking regulation consultants to establish negligence, liability, and damages, giving you the best chance of a successful outcome.
CONTACT OUR TRUSTWORTHY SWEENEY MERRIGAN PERSONAL INJURY LAWYERS FOR A FREE CONSULTATION TODAY
The aftermath of a Massachusetts truck accident can be overwhelming. Fortunately, you do not have to go through the legal process alone. Our Sweeney Merrigan Personal Injury Lawyers are here to listen to your story and develop a personalized plan tailored to your needs. With our 45 years experience and extensive legal knowledge, we have the skills to take on any case, regardless of circumstances. Our passionate attorneys strive to hold liable parties accountable and achieve the justice you deserve. With our trusted Massachusetts truck accident lawyers by your side, you can rest assured you are in the best hands with our top-tier negotiation and litigation skills. While we try to settle your claim outside of court, we are prepared to go to trial if necessary. Give our Massachusetts personal injury law firm a call at (774) 341-5778 or fill out our contact form to schedule your free case evaluation.
