Truck accidents can be extremely stressful, frequently leading to major injuries, fatalities and significant property damage. Understanding the details of Massachusetts truck accident laws is important for anyone involved in such incidents. This article reviews the key aspects of these laws and how they influence your ability to file a claim.

Overview of Massachusetts Truck Accident Laws

Massachusetts truck accident laws are designed to protect victims and ensure they receive fair compensation. These laws cover a variety of regulations, including those related to liability, negligence, and compensation. Here are the primary areas to be aware of:

Liability and Negligence

In Massachusetts, determining liability in truck accidents often hinges on the concept of negligence. When someone doesn't take reasonable precautions and an accident happens, that person is being negligent. Key elements of negligence in truck accidents include:

• Duty of Care: It is the responsibility of truck drivers and trucking businesses to drive safely and abide by all traffic laws.
• Breach of Duty: When a driver or company fails to meet this duty, such as by speeding, driving while fatigued, or neglecting vehicle maintenance.
• Causation: The breach must directly cause the accident and the resulting injuries.
• Damages: Actual damages must be suffered by the victim, such as lost income, medical expenses, and pain and suffering.

Comparative Negligence

Massachusetts follows a modified comparative negligence rule. Meaning that if you are partially at fault for the accident, your compensation will be reduced by your percentage of fault. However, if you are found to be more than 50% at fault, you cannot recover any damages.

Statute of Limitations

In Massachusetts, the statute of limitations for filing a truck accident claim is three years from the date the accident occured. If you fail to file within this time period, it can result in the loss of your right to pursue compensation.

Federal and State Regulations

Compliance with both federal and state regulations, including those outlined below, is required for truck drivers and the trucking companies they work for:

• Hours of Service: To prevent fatigue-related accidents, set regulations are in place to limit the number of hours a truck driver can drive.
• Vehicle Maintenance: To ensure they are safe to operate, trucks must be regularly inspected and maintained.
• Cargo Loading: There are specific rules regarding how cargo needs to be loaded and secured to prevent shifting that could cause accidents.

How Truck Accident Laws Affect Your Claim

Understanding how these laws impact your claim is essential for maximizing your compensation. Here are some critical factors to consider:

Evidence Collection

Proving negligence requires strong evidence. Important types of evidence include:

• Accident Reports: Police reports provide an official account of the accident and may indicate fault.
• Witness Statements: Eyewitnesses can corroborate your version of events.
• Electronic Logging Devices (ELDs): ELDs record driving hours and can show if a driver exceeded the legal limit.
• Maintenance Records: These can reveal if the truck was properly maintained.

Dealing with Insurance Companies

Insurance companies representing trucking companies often have significant resources to fight claims. They will try to minimize your compensation or deny liability. It's crucial to:

• Consult an Attorney: An experienced truck accident lawyer will negotiate with insurance companies on your behalf.
• Document Everything: Keep detailed records of all phone calls, emails, medical treatments, and expenses related to the accident.
• Avoid Quick Settlements: Insurance companies may offer a quick settlement that is far less than what you deserve. Don't accept any offers without consulting your attorney.

Compensation for Damages

Reimbursement for a range of losses, such as those listed below, may be entitled to truck accident victims:

• Medical Expenses: This includes both current and future medical costs related to the accident.
• Lost Wages: Reimbursement for time missed from work due to injuries.
• Pain and Suffering: Non-economic damages for physical pain and emotional distress.
• Property Damage: Costs to replace or repair your vehicle and other personal property.

The Role of Trucking Companies

Trucking companies will also be held liable under certain circumstances, such as:

• Negligent Hiring: If the company employed a driver with a poor driving record or lacking proper qualifications.
• Inadequate Training: Failing to provide sufficient training to drivers.
• Improper Maintenance: Not maintaining their fleet to safe standards.

Statistical Insights

• Fatal Truck Crashes: In 2020, large trucks were involved in 11% of all traffic fatalities in the United States.
• Common Causes: The leading causes of truck accidents include driver fatigue, distracted driving, and improper maintenance.
• Economic Impact: The average cost of a large truck crash involving a fatality is $3.6 million.

Conclusion

Massachusetts truck accident laws are complex, but understanding them is crucial for anyone seeking compensation after an accident. By knowing your rights and the legal requirements, you can better navigate the process and make sure you receive the compensation you deserve.

If you or a loved one has been in a truck accident, consulting with an experienced attorney can greatly increase your chances of a successful claim.

Do You Need Legal Help with Your Truck Accident Settlement?

While a truck accident settlement may take some time to resolve, make sure to seek the compensation and justice you deserve. If you or a loved one has been involved in an accident that you believe was caused by another person's negligence, contact Brandon J. Broderick, Attorney at Law, and speak with a compassionate, experienced truck accident lawyer as soon as possible. 

Our firm has an in-depth knowledge of personal injury law, resulting in years of experience and proven results. We pride ourselves on being able to provide clients with the passionate representation they deserve. Contact us today for a free consultation.

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