Truck Accident Lawyer & Semi Crash Attorney

How to Hold a Negligent Truck Driver or Trucking Company Responsible for Injuries Suffered in a Massachusetts Truck Accident?

Due to their size and load capacity, collisions involving trucks are among the most severe types of motor vehicle accidents. To recover damages from any negligent party that caused a crash, the victim must prove that the defendant owed him or her a duty of care. To do this, you will be able to benefit from a semi crash attorney to help you make your case.

How Are Truck Crash Damages Proven?

Truck drivers generally owe people around them a duty to operate their vehicles with the same degree of caution that a reasonable person would use in a similar situation. The duty of care also includes obeying the state and federal laws that set requirements for truck drivers and trucking companies. Some of these rules encompass the following:

• The number of hours that a driver can be on the road and mandatory rest breaks,
• Driver drug and alcohol testing,
• Driver training,
• Maximum truck load capacities, and
• Driver commercial licensing requirements.

As an example, many truck accidents are the result of unsecured loads, which may drop garbage, debris, lumber, and construction supplies on a highway. Even if you are driving cautiously, you may not be able to avoid falling objects from an unsecured load.

If a driver or company fails to comply with any of these requirements and it results in an accident, the driver (as well as his or her employer) may be liable for any damages that result.

Can Trucking Companies Be Held Liable for Truck Accidents Caused by Employee Drivers?

Yes. Truck accident cases often involve a personal injury doctrine known as “respondent superior”, which is a legal doctrine by which employers are generally responsible for the actions of their employees during the course of their employment.

Since the potential legal theories of recovery are complex, it is critical to retain an experienced truck crash attorney who can help further your case.

How Are Commercial Truck Accident Cases Different from Passenger Vehicle Cases?

Interstate trucking companies and truck drivers must comply with extensive federal trucking regulations that do not apply to local truck drivers.  These regulations cover a variety of matters, including limitations on the number of hours that can be driven during certain periods, mandatory rest periods, vehicle inspections, and training.

As part of these regulations, truckers must keep detailed electronic logs that document compliance with what are known as “Hours of Service” rules.  Because truck drivers are normally only paid when they are driving, historically some drivers have not kept accurate log books of driving so that they can exceed the allowed driving hours and make more money (although this is much more difficult to do today as the result of the electronic log books).

As a Boston interstate truck crash lawyer, Timothy Lowney understands these critical rules and regulations and is meticulous in compiling crash evidence to determine whether the trucker and its employer complied with these federal regulations.

How Much Can I Get in a Truck Accident Cases, and How Is This Impacted by Insurance?

Those injured in truck crashes are entitled to the full amount of damages sustained in a crash, including lost wages, pain and suffering, medical expenses, and many other types of damages.

Fortunately, for those injured and the families who have lost a loved one in a crash, commercial interstate truck drivers and trucking companies are required to carry significantly more in insurance than other drivers.  At a minimum, drivers must have at least $750,000 in coverage, and they may be required to have much more depending upon the type of material they are transporting.

Further, almost all trucking companies of any size will have insurance coverage in the millions of dollars for damages resulting from a crash.  As a result, those significantly injured in commercial truck crashes are much more likely to have access to “deep pockets” compared to those injured in car crashes, in which the insurance amount may be significantly less.

Can I Recover Damages After A Truck Crash If I Am Partially Responsible for the Accident?

A defendant in a truck accident case may argue that the victim contributed to causing the accident. However, as long as the victim is not more than 50 percent responsible, they are likely entitled to seek compensation for their injuries up to the extent of the defendant’s fault.

For example, if a crash victim is found to be 40% at fault for a truck accident, and the damages for the injuries and property damage total $100,000, the injury victim would be entitled to recover 60% of that amount, or $60,000, from the other party. However, if a person is found to be more than 50% at fault for an accident, they would not be entitled to recovery any damages from the other party.

What Types of Damages Are Available in a Boston Truck Accident Case?

The types of harm that result from a truck accident are often severe and catastrophic. A defendant that is found liable may be required to compensate a victim for all of the resulting damages, which may include medical expenses, loss of earning capacity, lost wages, pain and suffering, damage to a vehicle, and future medical treatment (including the associated pain and suffering from future medical treatment, such as surgeries).  In addition, victims who have been severely injured may also be entitled for compensation for lifestyle matters, such as not being able to engage in activities that formerly were enjoyed.

Additionally, if an individual succumbs to injuries suffered in a truck accident, certain family members may be entitled to obtain compensation for wrongful death.

If you are unsure about the value of your case, as an experienced motor vehicle attorney Timothy Lowney can evaluate the facts of your case and help determine all potential damages to which you might be entitled.