Truck accidents in Massachusetts have become a pressing concern, reflecting broader national trends in road safety. Recent statistics highlight the gravity of the situation, with a noticeable uptick in both the frequency and severity of such incidents. In 2023 alone, Massachusetts saw over 1,200 truck-related accidents, marking a 10% increase from the previous year. These accidents have resulted in significant economic costs, property damage, and, more importantly, a human toll, with numerous injuries and fatalities reported.

Automobile collisions can be terrifying and disorienting for all involved. Due to their considerable size and weight, accidents involving semi-trucks and other large trucks often lead to severe injuries. Trucks are a frequent sight in Massachusetts, whether transporting cargo or delivering packages, making truck accidents more common than one might expect. If you are injured in a truck accident, seeking immediate medical attention should be your top priority. Following this, it's essential to consider your legal options. Beyond medical expenses, you may face costs for auto repairs or even vehicle replacement, with numerous factors to contemplate. In accidents involving tractor trailers, determining compensation for medical bills, lost wages, and other losses can be complex. Therefore, contacting an experienced Massachusetts truck accident lawyer is crucial to helping you obtain a fair settlement.

Brandon J. Broderick, Attorney at Law, is dedicated to offering straightforward, trustworthy legal counsel. Our experienced personal injury attorneys strive for the best possible outcome for you, allowing you to focus on your recovery and family. Hiring a Massachusetts truck accident attorney from Brandon J. Broderick comes with no retainer fee, as we work on a contingency basis—meaning we are only paid if you win. Without filing a claim, your insurance company's settlement offer may fall short of covering all your expenses, potentially leaving you with out-of-pocket costs. Contacting us promptly can help you recover from this setback. This page provides an easy-to-understand summary of information about truck accidents in Massachusetts.

Brandon J. Broderick, Attorney at Law, Is Here to Listen, Advocate, and Fight for Your Rights

The occupants of a vehicle involved in an accident with a large truck may suffer catastrophic injuries, incur significant medical expenses, and face an uncertain financial future. Nobody expects to get into an accident and then have to consider filing a lawsuit or personal injury claim. However, it's crucial to understand your rights and anticipate future needs, especially when trying to resolve or settle your case. Often, insurance companies will try to communicate with injured parties to reach a quick and affordable settlement. Before engaging in these discussions, seeking the advice of a skilled attorney is essential. Beyond immediate medical expenses, you may also be eligible for compensation for wage loss, ongoing care, and treatment.

Brandon J. Broderick, Attorney at Law, Skilled Negotiators and Trial Lawyers in Massachusetts

Skilled negotiators and trial lawyers, such as those at Brandon J. Broderick, Attorney at Law, can help navigate the complex insurance claims process following a truck accident. Determining liability can be challenging, and having an attorney on your side can relieve much of the burden. We will handle communications with the other party's insurance company and fight for the compensation you deserve. If the insurance company refuses to negotiate a fair settlement, we are prepared to take them to court.

You’ve Suffered Enough. We Will Ensure That the Law Works for You

Hiring Brandon J. Broderick means you can focus on healing while we handle the rest. Our seasoned legal team, with your help, will fight for the money you need. During this challenging time, we will do everything to defend your rights and stand by your side. Contact us for a free consultation, and let us turn this setback into a comeback. Our proven track record of success backs up that claim.

Steps to Take if You're Involved in a Tractor-Trailer Accident in Massachusetts

If you are involved in an accident with a tractor-trailer in Massachusetts, it’s crucial to take specific steps to ensure your safety, comply with legal requirements, and protect your rights. Here’s what you should do:

1. Ensure Safety

  • Check for injuries: First and foremost, check yourself and any passengers for injuries. If anyone is seriously injured, call 911 immediately.
  • Move to Safety: If it’s safe to do so, move your vehicle to the side of the road to avoid further collisions. Turn on your hazard lights to alert other drivers.

2. Call Emergency Services

  • Notify Authorities: Call 911 to report the accident. This is essential, especially in accidents involving large commercial vehicles, as there may be significant property damage or injuries.
  • Medical Assistance: Request medical assistance if there are any injuries. Even if injuries seem minor, it’s important to get checked by a medical professional, as some injuries might not be immediately apparent.

3. Document the Scene

  • Exchange Information: Get the name, contact information, driver’s license number, insurance details, and vehicle registration of the truck driver. Note the company they work for and any identifying numbers on the truck.
  • Gather Evidence: Take photos of the accident scene, including all vehicles involved, any visible damage, road conditions, traffic signs, and any skid marks. This evidence can be crucial for insurance claims and legal proceedings.
  • Witness Information: If there are witnesses, get their names and contact information. Their testimony might be valuable later.

4. File a Police Report

  • Provide Accurate Information: When the police arrive, provide a clear and accurate account of what happened. Stick to the facts and avoid speculating or admitting fault.
  • Obtain a Report: Get a copy of the police report, or at least the report number, as it will be necessary for your insurance claim and potential legal actions.

5. Notify Your Insurance Company

  • Report the Accident: Contact your insurance company as soon as possible to report the accident. Provide them with all the details and the police report number.
  • Follow Up: Stay in touch with your insurance adjuster and provide any additional information they may need.

6. Seek Medical Attention

  • Visit a Doctor: Even if you feel fine, it’s wise to see a doctor. Some injuries, such as whiplash or internal injuries, may not show symptoms immediately.
  • Document Medical Treatment: Keep records of all medical treatments, diagnoses, and expenses. This documentation can be important for any compensation claims.

7. Consult with an Attorney

  • Legal Advice: Accidents involving tractor-trailers can be complex due to the regulations governing commercial vehicles and the potential for severe injuries. Consulting with a personal injury attorney experienced in truck accidents at Brandon J. Broderick can help you understand your legal rights and options.
  • Evidence Preservation: An attorney can assist in preserving crucial evidence, dealing with trucking companies, and negotiating with insurance companies.

Even if the other party, such as the truck driver, offers you a cash settlement, it's crucial to think carefully before accepting it. Often, the damage to your property and vehicle, as well as the extent of your injuries, is more significant than initially apparent. Your first priority should be to consult with your lawyer and the authorities before considering any cash settlement. Additionally, a thorough investigation of the accident may be necessary to make an accurate assessment.

Following these steps ensures your safety, meets legal obligations, and protects your rights after an accident involving a tractor-trailer in Massachusetts. By hiring a MA truck accident lawyer, you can focus on what truly matters during this challenging time: your recovery. Your personal injury attorney and their legal team will strengthen your case by collecting evidence and negotiating with insurance companies, ensuring you receive the compensation you deserve.

Evaluating the Worth of Your Truck Accident Case

The value of a truck accident case can vary significantly, often ranging from tens of thousands to millions of dollars, depending on several critical factors. These factors include the severity of the injuries sustained, the extent of medical expenses, lost wages, and the impact on future earning capacity. Additionally, the degree of liability, the quality of legal representation, and the amount of available insurance coverage play vital roles. Consulting with an experienced truck accident attorney is essential to accurately assessing the potential value of your case based on its unique circumstances. Brandon J. Broderick has handled many truck accident cases and is available for a free consultation today.

What Do Economic Damages Consist Of?

Economic damages include medical expenses, lost wages, property damage such as auto repair costs, and additional expenses like towing and rental car fees. Typically, economic damages are awarded based on the amount of money lost due to the accident. This compensation covers lost income and future lost income resulting from ongoing rehabilitation and treatment. Medical expenses incurred immediately after the accident and for ongoing treatment are also considered economic damages. Examples of medical expenses include hospital bills, doctor's appointments, co-pays, physical therapy or occupational therapy, and transportation to and from appointments.

The more extensive the medical expenses and other damages you seek, the more complex the negotiation will be. In such cases, the assistance of a Massachusetts truck accident lawyer is crucial. Without legal counsel, insurance adjusters may not take your claim seriously and might offer you inadequate compensation. Severe injuries can lead to prolonged medical treatment or permanent disabilities requiring ongoing care, necessitating the inclusion of future medical expenses in your claim. Compensation should also cover lost earnings if the injury prevents you from working. Assessing future damages and understanding the full extent of your injuries and prognosis is essential.

Your Massachusetts truck accident lawyer will work with medical and labor experts to estimate future costs based on the long-term implications of your injuries. A doctor will determine the extent of your injuries and prognosis, while a labor expert may estimate lost income and future earnings. For long-term or permanent injuries, hiring an attorney to handle your claim and advocate for you is vital. Future economic losses may include future medical costs, nursing care costs, loss of future earnings or inability to work, and costs of household services you can no longer perform. It's crucial not to rush into accepting a settlement offer without fully understanding the extent of your damages, as early offers are often much lower and may not cover all your current and future medical costs.

What Do Non-Economic Damages Consist Of?

Non-economic damages are common in cases involving injuries from car accidents, but they are challenging to quantify. These damages include physical and mental pain, emotional distress, the loss of a loved one, and the inability to enjoy life as before. Common forms of non-monetary compensation in personal injury lawsuits include punitive damages and compensation for the victim's pain and suffering.

There is no established method for calculating non-economic damages. Various factors are considered, such as your age at the time of the accident, the severity and duration of the injury, the impact the injury has had on your life, any disfigurement, and the amount of pain and emotional distress you have endured or will continue to endure. All these factors are taken into account when determining the amount of non-economic damages.

Leading Causes of Truck Accidents in Massachusetts

Truck accidents in Massachusetts, like in other parts of the country, can be caused by a variety of factors. Understanding these common causes can help raise awareness and promote safer driving practices.

Here are some of the most prevalent reasons for truck accidents in Massachusetts:

1. Driver Fatigue

  • Long Hours: Truck drivers often work long hours, leading to fatigue and reduced reaction times.
  • Regulation Violations: Ignoring federal Hours of Service (HOS) regulations, which limit the number of hours a driver can be on the road, can contribute to fatigue.

2. Distracted Driving

  • Cell Phones: Use of mobile phones for texting, calling, or browsing can divert a driver’s attention.
  • In-Cab Distractions: Eating, adjusting the radio, or using a GPS can also distract truck drivers.

3. Speeding

  • Tight Schedules: Pressure to meet delivery deadlines can lead drivers to exceed speed limits.
  • Inadequate Speed for Conditions: Failing to adjust speed for adverse weather, traffic, or road conditions can cause accidents.

4. Improper Maintenance

  • Brake Failures: Poorly maintained brakes can lead to accidents, especially in emergency situations.
  • Tire Blowouts: Worn or improperly inflated tires can result in blowouts and loss of control.
  • Mechanical Failures: Other mechanical issues, such as steering or suspension problems, can cause accidents.

5. Overloading and Improper Loading

  • Exceeding Weight Limits: Overloaded trucks can be harder to control and stop.
  • Shifted Loads: Improperly secured cargo can shift during transit, causing the driver to lose control.

6. Weather Conditions

  • Snow and Ice: Massachusetts is known for harsh winters, and snow and ice can make roads slippery and hazardous.
  • Fog and Rain: Reduced visibility and slippery conditions can lead to accidents if drivers do not adjust their driving accordingly.

7. Driving Under the Influence

  • Substance Abuse: Alcohol and drug use impair judgment and reaction times.
  • Prescription Medications: Some medications can also impair a driver’s ability to operate a vehicle safely.

8. Inexperienced or Poorly Trained Drivers

  • Lack of Training: Inadequate training on handling large vehicles and dealing with various driving conditions can lead to accidents.
  • Inexperience: Newer drivers might lack the experience needed to navigate challenging situations.

9. Aggressive Driving

  • Tailgating: Following other vehicles too closely reduces the time available to react to sudden stops.
  • Erratic Lane Changes: Abrupt lane changes without signaling can cause collisions.

10. Road Conditions

  • Construction Zones: Road work areas can be confusing and require extra caution, which some drivers might not exercise.
  • Poor Road Maintenance: Potholes, uneven surfaces, and debris can contribute to accidents.

11. Other Drivers’ Actions

  • Cutting Off Trucks: Passenger vehicle drivers might not realize how much space trucks need to stop or maneuver, leading to accidents when they cut off trucks.
  • Erratic Driving: Other drivers’ unpredictable actions can create situations where truck drivers are unable to react in time.

By addressing these common causes, the frequency and severity of truck accidents in Massachusetts can be reduced, making the roads safer for everyone. If you have been involved in a truck accident in Massachusetts and need assistance, please contact Brandon J. Broderick, Attorney at Law, as soon as possible. We are available around the clock to help you.

Determining Fault in a Massachusetts Truck Accident

Determining fault after a truck accident in Massachusetts can be particularly challenging due to the involvement of multiple parties and complex evidence. Unlike typical car accidents, truck accidents often implicate not just the driver but also the trucking company, cargo loaders, maintenance providers, and even manufacturers of truck parts. Each of these parties can potentially share responsibility for the accident. Furthermore, the evidence required to establish fault is multifaceted and intricate, encompassing physical evidence from the accident scene, vehicle damage assessments, black box data, driver logs, and maintenance records. Interpreting this extensive range of evidence demands specialized expertise and a thorough understanding of both federal and state regulations governing commercial trucking.

Additionally, factors such as driver fatigue, improper cargo loading, and environmental conditions further complicate fault determination. For instance, driver fatigue, a common issue in truck accidents, involves verifying compliance with hours of service regulations, which may be falsified or inaccurately recorded. Similarly, issues with improperly loaded or secured cargo require investigating whether the fault lies with the driver, the shipping company, or a third-party loader. Environmental conditions such as weather and road conditions can also influence the accident, complicating the assessment of fault. Eyewitness accounts, while valuable, often vary in reliability and accuracy, adding another layer of complexity. Insurance companies, with their own interests, may dispute fault to minimize liability, leading to prolonged negotiations and legal battles. This intricate web of factors underscores the need for thorough investigations, expert analysis, and skilled legal representation to navigate the complexities and achieve a fair determination of fault.

At-Fault Drivers in Truck Accidents

Massachusetts is a no-fault insurance state, which can make it hard to understand whether or not you have a case. If you were involved in a truck accident in Massachusetts, you should contact a lawyer as soon as possible after the incident to discuss your legal options and possible compensation.

In addition to following all traffic laws, truck drivers operating in Massachusetts must adhere to the guidelines set forth by the Federal Motor Carrier Safety Administration (FMCSA) to ensure safety and compliance. These regulations cover various aspects of commercial driving, including hours of service, vehicle maintenance, and driver qualifications.

Hours of Service (HOS)

FMCSA's hours of service regulations are designed to prevent driver fatigue by limiting the number of hours a driver can be on duty. Truck drivers are generally allowed to drive a maximum of 11 hours after 10 consecutive hours off duty. Additionally, they must take a 30-minute break after eight cumulative hours of driving. Drivers are also required to adhere to a 60/70-hour limit over seven or eight consecutive days.

Driver Qualifications

To ensure that only qualified individuals are behind the wheel, FMCSA mandates that truck drivers hold a valid Commercial Driver's License (CDL) and pass a physical examination conducted by a certified medical examiner. Drivers must also undergo regular drug and alcohol testing to maintain compliance with FMCSA regulations.

Vehicle Maintenance and Inspection

The FMCSA requires that all commercial vehicles undergo regular inspections, maintenance, and repairs. Drivers must complete a pre-trip inspection to ensure their vehicle is in proper working condition before hitting the road. Any defects discovered during inspections must be addressed promptly to maintain safety standards.

Record-Keeping

Truck drivers and their employers must maintain accurate records of duty status (RODS) using electronic logging devices (ELDs). These records help ensure compliance with hours of service regulations and provide a detailed log of the driver’s activities.

Cargo Securement

Proper cargo securement is crucial to preventing accidents caused by shifting or falling loads. FMCSA guidelines specify how cargo should be secured using tie-downs, straps, and other restraints to ensure it remains in place during transit.

Drug and Alcohol Testing

Truck drivers are subject to stringent drug and alcohol testing regulations. This includes pre-employment testing, random testing, post-accident testing, and reasonable suspicion testing. These measures are in place to ensure that drivers are not impaired while operating commercial vehicles.

Hazardous Materials

Drivers transporting hazardous materials must comply with additional FMCSA regulations, including obtaining the necessary endorsements on their CDL and adhering to specific packaging, labeling, and handling requirements.

By following these FMCSA guidelines, truck drivers in Massachusetts contribute to safer roadways and reduce the risk of accidents. Compliance with these regulations is not only a legal requirement but also a vital component of responsible commercial driving.

Truck Accident Statistics in Massachusetts

Commercial vehicles, including tractor-trailers, delivery trucks, and company-owned vehicles, are a common sight on our roads. Despite making up only 5% of vehicles on the road, they are responsible for 11% of fatalities. According to Mass.gov crash data statistics, over 41,000 motor vehicle crashes will occur in 2024. Most accidents in Massachusetts involve cars, with more than 100,000 car crashes reported in 2023. Although trucks are involved in fewer accidents than cars, their crashes often result in more severe outcomes, with around 10,000 truck accidents in Massachusetts in 2023. The involvement of multiple parties in the operation and maintenance of commercial vehicles distinguishes these accidents from other types.

Height and Weight Restrictions for Trucks in Massachusetts

The FMCSA and the Massachusetts Department of Transportation regulate trucks used for transportation. To ensure that cargo is secure and the potential for risk is minimized, both regulatory organizations impose stringent height and weight limits.

Whenever they are involved in an accident or collision, trucks frequently violate a state or federal law. These regulations were implemented to protect truck drivers and other motorists. Trucking and commercial transportation companies in Massachusetts must adhere to a comprehensive set of weight, height, and width restrictions for commercial vehicles:

In Massachusetts, commercial trucking regulations specify that the maximum truck height and width are 13' 6" and 8' 6", respectively. For vehicles that exceed the standard weight and size limits, special permits are required. These permits can be obtained through the Massachusetts Department of Transportation (MassDOT). The permitting process ensures that oversized and overweight vehicles travel on designated routes that can safely accommodate them. Trucks that exceed the height and width restrictions run the risk of causing property damage, such as colliding with a bridge. In addition, additional vehicles may be involved, which may result in severe injuries to the occupants of those vehicles. If a driver violates these state laws, they or their trucking company could be held responsible for any property damage or injuries resulting from a truck accident.

How Our Massachusetts Truck Accident Lawyers Can Assist You

Truck accident victims may be eligible for a variety of compensatory damages, beyond just medical expenses. These additional forms of compensation can include:

  • Emotional suffering;
  • Lost wages and future earnings
  • Damages to your vehicle, including repair or replacement costs
  • Costs associated with the death of a loved one or friend
  • Expenses for hiring a caregiver
  • Mental health impacts or strains personal relationships, including those with your spouse or other relatives

As soon as you contact our firm, our legal team begins gathering all the necessary evidence to build your case. This evidence may include receipts, bills, expert reports, medical test results, employment records, and any relevant documentation detailing the accident's impact on your physical, mental, and emotional health.

At Brandon J. Broderick, Attorney at Law, we strive to achieve the best possible outcome for you as swiftly as possible. We understand the urgency of receiving compensation and will work diligently to expedite the process. While most cases are settled out of court, we prepare our clients for the possibility of a trial. If a court appearance becomes necessary, we will fight for the best possible result. Many insurance companies and opposing attorneys expect settlements outside of court, but you deserve the strongest defense and full compensation for your losses.

Deadline for Filing a Claim After a Massachusetts Truck Accident

A statute of limitations is a law that sets a deadline for filing a civil case against a person, business, or other organization. The general statute of limitations for personal injury cases, including truck accidents, in Massachusetts is three years (Mass. Gen. Laws Ch. 260, Section 2A). This means that an injured party has three years from the date of the injury to file a lawsuit in court. If the lawsuit is not filed within this period, the court is likely to dismiss the case, barring the injured party from recovering any damages.

For wrongful death claims, the statute of limitations in Massachusetts is three years from the date of the deceased person's death, regardless of when the underlying injury or cause of death occurred.

Contact Brandon J. Broderick Day or Night for a Free Consultation

At the Law Firm of Brandon J. Broderick, we understand that suffering injuries from a truck accident is an incredibly traumatic experience. You are likely dealing with pain, emotional distress, and financial worries all at once. During such a challenging time, it’s essential to have someone who truly cares about your well-being and is dedicated to helping you navigate the legal complexities. Our team of attorneys is here to offer you the empathy, support, and professional expertise needed to secure the compensation you deserve. We will stand by your side, easing the burden of legal proceedings, so you can focus on your recovery and your family and regain peace of mind.

We know that every accident and injury is unique, and so is every victim's journey to healing. At Brandon J. Broderick, we take the time to listen to your story, understand your needs, and tailor our approach to fit your specific situation. Our goal is not only to provide exceptional legal representation but also to offer compassionate guidance throughout the entire process. We are committed to fighting tirelessly on your behalf, ensuring that you receive the justice and financial support necessary to move forward. Let us be your trusted ally during this difficult time—reach out to us today for a no-cost consultation, and let’s take the first step toward your recovery together.

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