According to the American Trucking Association, there are over 3 million truck drivers who move 9.2 billion tons of freight annually. However, due to their size and prominence on the road, thousands of people are injured in the United States each year as the result of large trucking accidents.
If you or a loved one has recently been in a truck accident in Boston, Massachusetts, contact Sweeney Merrigan Law, LLP for a free legal consultation. Our Boston personal injury attorneys may be able to help your family obtain fair compensation for a commercial truck accident. We know how to hold negligent truck companies and their drivers accountable for damages.
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Common causes of accidents in Boston trucking accident lawsuits
Common injuries in Boston trucking accident lawsuits
Who is liable in a truck accident case
What compensation can you receive in a Boston truck accident claim
Source: Federal Motor Carrier Safety Administration
The commercial trucking industry is strictly governed by state and federal rules and regulations in order to ensure the safety of trucks on roads and highways. These rules and regulations are designed to prevent common truck safety violations which include:
Negligently violating these rules and regulations is often the cause of serious truck driving accidents.
While many people may think that all traffic-related collisions are similar, accidents involving large trucks are more serious for a variety of reasons:
Massachusetts is a no-fault state when it comes to car and truck accidents. No-fault laws mean your own insurance provider will pay for your damages and medical bills even if you were not at fault. Many truck accidents, however, cause injuries that meet the state’s serious injury threshold. Severe enough injuries will give you the right to hold the at-fault party liable for your damages outside of Massachusetts’ no-fault insurance system. In this case, you or your truck accident attorney will need to determine the cause of your collision.
These are some of the most common causes of big rig accidents in Massachusetts. At Sweeney Merrigan Law, LLP, our Boston truck accident lawyer can investigate your truck accident to determine fault. We can use evidence such as accident photographs, police reports, and the truck’s black box to help you prove negligence. Then, we can fight for maximum compensation for your injuries from an insurance company on your behalf.
Big rigs can cause devastating damage to smaller passenger vehicles in accidents. The overwhelming size and weight of a large truck can lead to catastrophic property damages and personal injuries for those in passenger vehicles. The injuries involved in a truck accident could follow a victim for life. No two victims will have the exact same personal injuries from a truck accident. At Sweeney Merrigan Law, LLP, we help victims with all types of injuries file truck accident lawsuits in Boston.
We can use your injuries and the other facts of your specific case to create an aggressive and strategic negotiation tactic. Our lawyers will personalize the strategy they use to go up against the trucking company on your behalf. Our attorneys are passionate about assisting clients with serious injuries, especially when it is a large and powerful defendant such as a trucking corporation on the other end. Find out how we can help you with any type of serious injury during a free consultation.
Liability will be one of the main questions to answer during your Boston truck accident claim. The liable party is typically the person or entity responsible for causing your accident. In a standard car accident, the negligent or reckless driver will generally be liable. In a truck accident case, however, the rules of vicarious liability often apply. Vicarious liability is a doctrine that most often applies to employers and the parents of minors. It comes from the Latin phrase respondeat superior, which means let the master speak for the actions of the servant. As an employer, the truck company may be vicariously responsible for the actions of its driver.
Truck drivers are often guilty of causing truck accidents in Boston. They can commit acts of negligence or recklessness such as ignoring federal safety laws, breaching hours-of-service regulations, speeding, driving drowsy and driving drunk. An investigation with crash forensic experts may be necessary to identify the cause of your truck accident. If a negligent truck driver is to blame, the trucking company may carry vicarious liability. The company may also be liable for its own negligence, such as a poorly maintained truck, badly trained driver or negligently secured cargo.
The trucking company or one of its workers might not be the only parties you can hold responsible for a truck accident in Boston, MA. Many parties play a role in getting a commercial truck from point A to point B. Other liable parties could be another driver, a cargo company, a maintenance person, a shipper, broker, vehicle manufacturer, third party or the City of Boston. Third parties can include construction companies in Massachusetts that fail to maintain safe workspaces. A dangerous roadside construction site in connection to your truck accident could place liability with the construction crew.
Fault can go to many different parties during a Boston truck accident lawsuit. A thorough investigation of your case could enable us to name the defendant in your case. The answer will depend on who or what contributed the most substantially to your wreck. If multiple parties are to blame, we can name all appropriate defendants for better odds of securing fair compensation. Evidence of negligence may not last forever. Act quickly to ensure your lawyer can collect time-sensitive material.
As the plaintiff in a truck accident case in the Commonwealth of Massachusetts, you could be eligible to recover financial compensation for your losses from the crash. Massachusetts operates using a no-fault insurance law. In most cases, injured accident victims have to use their own car insurance policies to pay for their losses. A first-party insurance claim for a truck accident in Boston could compensate you for several losses.
The benefits available depend on the type of insurance you have. You will not have to prove another driver’s fault or negligence to receive coverage through a first-party no-fault claim. Submitting proof of damages to your own insurance provider should be enough to recover financial compensation. You may have the right to file a claim outside of Massachusetts’ no-fault law, however, if you have serious injuries.
State law says that if you have more than $2,000 in necessary medical expenses, severe and permanent disfigurement, broken bones, or lost your sense of hearing or sight, you could file a personal injury claim instead. A personal injury claim requires you to prove someone else’s liability for your truck accident. A successful claim with the at-fault party’s insurance company could lead to additional compensation for your losses.
The value of your truck accident case and your list of compensable losses will depend on your specific accident. The best way to obtain an accurate estimate of your case’s value is through a consultation with an attorney. Our lawyers at Sweeney Merrigan Law can analyze your past and future losses, check to see how much insurance coverage is available, and explore every outlet for recovery on your behalf. As your lawyers, we will fight for the highest possible compensatory award for your serious injuries and related losses.
It is imperative that a complete and thorough investigation is done following a truck or commercial vehicle accident in order to determine whether there was a violation of any applicable rules or regulations. Trucking companies will often have an investigator at the scene within minutes of an accident to find evidence that can pin fault on the other driver involved. Trucking companies will also try and settle quickly outside of court in order to reduce their financial liability. At Sweeney Merrigan Law, LLP, our Boston truck accident attorney will employ the necessary resources and investigative tools to recover a full analysis of your accident and get you fair compensation for the injuries you have sustained.
Reach out to us today if you have been involved in an accident caused by a:
Call Sweeney Merrigan Law, LLP, today at 617-391-9001 and our Boston truck accident attorney will: