Liability and Other Legal Concerns for Accidents Involving Commercial Trucks in Boston

Accidents involving commercial trucks can result in severe injuries, extensive property damage, and even fatalities. The complexities surrounding these accidents are immense due to the numerous parties that may be involved and the specific regulations that govern the trucking industry. If you or a loved one has been injured in a truck accident in Boston, it’s important to understand your rights. Today we will help you navigate the intricacies of liability and other legal concerns you might face following such an accident.

Understanding the severity of Boston truck accidents

Commercial trucks, including big rigs, 18-wheelers, and semi-trucks, are significantly larger and heavier than passenger vehicles. This size disparity often leads to catastrophic outcomes in the event of a collision. Here are some common causes of truck accidents:

• Driver fatigue: Long hours on the road can lead to driver fatigue, impairing reaction times and decision-making abilities.
• Distracted driving: Use of mobile devices, eating, or other distractions can divert the driver’s attention from the road.
• Speeding: Tight delivery schedules can pressure drivers to exceed speed limits, increasing the likelihood of accidents.
• Mechanical failures: Poorly maintained trucks can experience brake failures, tire blowouts, or other mechanical issues.
• Improper loading: Overloaded or improperly secured cargo can cause trucks to become unstable and difficult to control.
• Adverse weather conditions: Rain, snow, and ice can make roads slippery and reduce visibility, leading to accidents.

Determining liability in a Boston truck accident

Determining liability in truck accidents can be more complex than in car accidents due to the multiple parties involved and the extensive regulations that apply to the trucking industry. Here are the key entities that might be held liable:

• Truck driver: If the accident was caused by the driver’s negligence, such as speeding, driving under the influence, or violating traffic laws, they might be held responsible.
• Trucking company: The company that employs the driver can be liable if it failed to conduct proper background checks, provided inadequate training, or pressured the driver to violate hours-of-service regulations.
• Truck owner: If the truck is owned by a different entity than the trucking company, the owner may be responsible for maintenance and ensuring the vehicle is safe for operation.
• Cargo loader: If the accident was caused by improperly loaded or secured cargo, the company responsible for loading the truck might be held liable.
• Manufacturers: If a defect in the truck or its parts contributed to the accident, the manufacturer might be held liable.
• Government entities: In some cases, poor road conditions or inadequate signage maintained by government entities can contribute to an accident.

Understanding the legal framework and regulations governing the trucking industry is crucial for building a strong case. Several federal and state regulations are designed to ensure safety and accountability.

Federal regulations

Federal Motor Carrier Safety Administration (FMCSA): The FMCSA sets regulations for commercial trucking, including hours-of-service rules, maintenance standards, and driver qualifications.

Hours of service (HOS): These regulations limit the number of hours a driver can be on duty to prevent fatigue. Violations of HOS rules can be a significant factor in establishing liability.

Electronic logging devices (ELDs): ELDs are required to track drivers’ hours and ensure compliance with HOS regulations. ELD data can provide critical evidence in accident investigations.

Drug and alcohol testing: The FMCSA requires regular drug and alcohol testing for commercial drivers. Positive test results or failure to comply with testing requirements can impact liability.

Massachusetts state regulations

Massachusetts Department of Transportation (MassDOT): MassDOT oversees state-specific regulations for commercial vehicles, including weight limits, route restrictions, and safety inspections.

State tort laws: Massachusetts follows a modified comparative negligence rule, meaning a party can recover damages only if they are less than 51% at fault for the accident. This rule applies to truck accidents and can affect the outcome of liability claims.

Steps to take after a Boston commercial truck accident

If you are involved in a truck accident, taking certain steps can help protect your rights and strengthen your case. Here’s what you should do:

• Seek immediate medical attention. Your health and safety are the top priority. Even if you feel fine, some injuries may not be immediately apparent. Getting a thorough medical evaluation ensures that any injuries are documented and treated promptly.
• Report the accident. Call the police and report the accident. Ensure that a police report is filed, as this will be an important piece of evidence in your case.
• Document the scene. If it is safe to do so, take photographs of the accident scene, including all vehicles involved, any visible injuries, road conditions, and relevant traffic signs. Collect contact information from witnesses and make notes about what happened.
• Do not admit fault. Be careful about what you say at the scene. Do not admit fault or make statements that could be interpreted as an admission of guilt.
• Contact a Boston truck accident attorney. Consulting with an experienced truck accident attorney at Breakstone, White & Gluck as soon as possible is essential. Our attorneys can guide you through the legal process, help preserve evidence, and advocate for your rights.

Building a strong case

As your truck accident attorneys, we take several steps to build a strong case on your behalf:

• Initial consultation and case evaluation: We obtain detailed accounts of the accident from you, including the time, location, and circumstances of the crash. Next, we evaluate the extent of your injuries and property damage to understand the full impact of the accident.
• Investigation: We visit the accident scene if possible, or review photographs and videos to gather evidence. Skid marks, debris, and road conditions all may have important implications. We obtain and review police reports for official documentation of the accident and identify witnesses. Next, we interview those witnesses to get additional perspectives on the accident. We request the truck driver’s logs, employment records, and any relevant training or disciplinary history. Also, we analyze data from the truck’s ELD, GPS, and onboard cameras to reconstruct the events leading up to the accident, and review maintenance and inspection records for the truck to identify any potential mechanical issues.
• Identifying all liable parties. We determine if the driver’s actions contributed to the accident and investigate the company’s hiring practices, training programs, and compliance with safety regulations. Our team also assesses the roles of any third parties involved, such as cargo loaders or manufacturers.
• Gathering expert testimony. We consider which experts could help build your case. Accident reconstruction experts can provide a detailed analysis of how the accident occurred and who is at fault. Medical professionals can testify to the extent and impact of your injuries. Economists can calculate the financial impact of the accident, including your lost wages and future earning potential.
• Negotiation and settlement: We can draft a comprehensive demand letter outlining your injuries, damages, and the compensation sought. Our team will also engage in negotiations with the insurance companies to reach a fair settlement.
• Litigation: If a fair settlement cannot be reached, we can pursue a trial on your behalf. We conduct the discovery process, including depositions, interrogatories, and requests for documents. To prepare for trial, we organize evidence, develop a trial strategy, rehearse witness testimonies, and present your case in court, advocating for your rights and seeking the maximum possible compensation.

What are the challenges of Boston truck accident claims?

Truck accident cases present unique challenges that require knowledge and experience to overcome. Thorough investigation and clear documentation of each party’s role are essential.

The trucking industry is heavily regulated, and understanding these regulations is crucial for building a strong case. Non-compliance with federal or state regulations by the trucking company or driver can significantly impact the outcome of your case.

Truck accidents often result in severe injuries or fatalities, leading to substantial medical expenses, long-term care needs, and significant emotional distress. The high stakes involved require meticulous preparation and strong advocacy.

Insurance companies representing trucking companies have extensive resources and legal teams dedicated to minimizing payouts. Dealing with these entities requires experience and a strategic approach to negotiation and litigation. At Breakstone, White & Gluck, we can help.

Tips for victims of truck accidents

If you have been involved in a Boston truck accident, understanding the steps you need to take can significantly affect your ability to receive fair compensation. Here are some practical tips:

• Seek immediate medical attention. Your health and safety are the top priority. Even if you feel fine, some injuries may not be immediately apparent. Getting a thorough medical evaluation ensures that any injuries are documented and treated promptly.
• Report the accident. Call the police and report the accident. Ensure that a police report is filed, as this will be a vital piece of evidence in your case.
• Document the scene. If it is safe to do so, take photographs of the accident scene, including all vehicles involved, any visible injuries, road conditions, and relevant traffic signs. Collect contact information from witnesses and make notes about what happened.
• Do not admit fault. Be careful about what you say at the scene. Do not admit fault or make statements that could be interpreted as an admission of guilt.
• Contact a Boston truck accident attorney. Consult with an experienced truck accident attorney from Breakstone, White & Gluck as soon as possible. Your attorney can guide you through the legal process, help preserve evidence, and advocate for your rights.

If you or a loved one has been injured in a truck accident in Boston, don’t wait to seek legal help. Contact the experienced team of truck accident attorneys at Breakstone, White & Gluck today to schedule a consultation. We understand the complexities of these cases and are committed to fighting for your rights. With our knowledge of federal and state regulations, extensive investigative skills, and proven track record of securing fair compensation for our clients, we work tirelessly to achieve the best possible outcome for your case. Your recovery and future well-being are our top priorities: let us advocate for you and provide the support you need during this challenging time. Call or contact us today for a free consultation. We serve all of Massachusetts out of our Boston offices.