Large trucks are essential for commerce across Massachusetts and the United States, but their size and weight make them inherently dangerous, especially when involved in accidents with passenger vehicles. If you’ve been injured in a collision with a big truck, understanding your rights and options is crucial. You may be entitled to significant compensation for your injuries and losses.
At the Law Office of John J. Sheehan, our Boston Big Truck Accident Lawyers are dedicated to helping victims like you. We understand the complexities of truck accident cases and are committed to conducting thorough investigations, analyzing all contributing factors, and aggressively pursuing the compensation you deserve from insurance companies and responsible parties. For a free, no-obligation case review, call us today at (617) 539-8366.
Common Locations for Big Truck Accidents in the Boston Area
Big truck accidents can occur virtually anywhere, but certain locations are more prone to these incidents. Both local roads and interstate highways around Boston present unique risks for truck collisions. The location of your accident can significantly influence the circumstances and complexities of your case. Our experienced big truck accident attorneys in Boston can assess the specific details of your accident, including its location, to build a strong legal strategy.
Accidents on Local Roads
Local roads in and around Boston, characterized by narrower lanes and frequent intersections, often see a different type of truck accident compared to highways. Size and weight restrictions are common, generally prohibiting the largest semi-trailer trucks. Consequently, accidents on these roads typically involve smaller commercial vehicles like delivery trucks, dump trucks, and construction vehicles.
While these trucks are smaller than 18-wheelers, they are still substantially larger and heavier than passenger cars. Accidents involving delivery trucks in residential areas or dump trucks on construction sites can lead to serious injuries and significant property damage. Speed limits on local roads are generally lower, which can sometimes mitigate the severity of accidents, but the dense traffic and pedestrian presence increase the risk of collisions.
Investigations into local road truck accidents often fall under the jurisdiction of local law enforcement, such as the Boston Police Department. Knowing the precise location of your accident is important for obtaining the necessary police reports and evidence to support your claim.
Interstate Highway Truck Collisions
Interstate highways, such as I-90 and I-93 around Boston, are high-risk zones for catastrophic big truck accidents. These highways are designed for high-speed travel and accommodate the largest commercial trucks, including semi-trailers and 18-wheelers. The sheer size and weight of these vehicles, combined with high speeds, mean collisions can be devastating, often resulting in severe injuries or fatalities.
Semi-trailer trucks frequently use interstate highways for long-haul transport, often operating under tight schedules and potentially fatigued drivers. Speed limits on these highways are considerably higher, often around 65 mph on sections of I-90. A collision with a fully loaded semi-truck at such speeds can have life-altering consequences.
Accidents on interstate highways typically fall under the jurisdiction of state authorities, such as the Massachusetts State Police. State trooper reports are crucial evidence in these cases, and our team is adept at navigating the process of obtaining these reports and working with state-level investigations.
Holding Negligent Truck Drivers Accountable with a Big Truck Accident Lawyer
All drivers, including commercial truck drivers, have a legal duty to operate their vehicles safely and responsibly. This duty extends to all others on the road – drivers, passengers, pedestrians, and cyclists. When a truck driver breaches this duty through negligent actions or inactions, and this negligence causes an accident and injuries, they can be held legally liable. A skilled big truck accident lawyer will meticulously investigate the circumstances of your crash to prove negligence and build a strong case for compensation.
Proving negligence in a big truck accident case can take several forms. The most straightforward method is often through a police report citing the truck driver for a traffic violation. In Massachusetts, violating a traffic law that directly leads to an accident can be considered “negligence per se,” simplifying the process of establishing fault.
However, even without a traffic citation, negligence can be established through other evidence. This might include driver logs to assess hours-of-service violations, witness testimonies, accident reconstruction analysis, and examination of vehicle maintenance records. Federal and state trucking regulations impose strict requirements on drivers and trucking companies to ensure safety. Violations of these regulations, even if not cited by police, can be strong indicators of negligence.
Our Boston big truck accident attorneys are experienced in conducting in-depth investigations to uncover all forms of negligence, even beyond the initial police report. We work to gather evidence, interview witnesses, and consult with experts to build a compelling case on your behalf.
Suing Trucking Companies for Maximum Compensation: The Role of Your Big Truck Accident Attorney
In many big truck accident cases, the trucking company that employs the negligent driver also shares legal responsibility. This is because trucking companies have a duty to ensure their operations are safe, and their negligence can contribute to accidents. Furthermore, under the legal principle of vicarious liability, employers can be held responsible for the negligent actions of their employees when those actions occur within the scope of employment. A knowledgeable big truck accident lawyer will explore all avenues of liability to maximize your potential compensation.
Trucking Company Negligence and Liability
Federal and state regulations place numerous obligations on trucking companies, encompassing vehicle maintenance, driver training, hours-of-service compliance, cargo securement, and more. Violations of these regulations can directly contribute to accidents. For instance, a company that pressures drivers to exceed hours-of-service limits to meet delivery deadlines creates a dangerous environment where driver fatigue increases the risk of accidents. Similarly, inadequate vehicle maintenance can lead to brake failures or other mechanical issues causing collisions.
Trucking companies can also be held directly liable for negligent practices such as:
- Negligent Hiring: Hiring drivers with poor driving records, histories of substance abuse, or inadequate training.
- Negligent Training: Failing to provide drivers with sufficient training on safe driving practices, vehicle operation, and regulatory compliance.
- Negligent Maintenance: Failing to properly maintain trucks, leading to mechanical failures that cause accidents.
- Negligent Supervision: Failing to adequately supervise drivers and ensure compliance with safety regulations.
Vicarious Liability and Respondeat Superior
The doctrine of respondeat superior (“let the master answer”) holds employers vicariously liable for the negligent acts of their employees committed within the scope of their employment. In the context of trucking accidents, this means a trucking company can be held liable for the negligence of its truck driver if the driver was acting within the scope of their job duties at the time of the accident.
Driving a truck is inherently within the scope of a truck driver’s employment. Therefore, if a truck driver’s negligence behind the wheel causes an accident, the trucking company is likely to be vicariously liable. While there can be exceptions, such as when a driver is significantly deviating from their assigned route for personal reasons, these are often complex legal issues best navigated with the guidance of a skilled big truck accident attorney.
It’s important to note that vicarious liability typically applies to employees, not independent contractors. If a truck driver is classified as an independent contractor (owner-operator), holding the trucking company vicariously liable may be more challenging. However, even in these cases, the trucking company may still bear direct liability for negligent hiring or other actions.
Negligent Hiring and Background Checks
Even if respondeat superior doesn’t apply, a trucking company can still be held liable under a theory of negligent hiring. If a company hires a driver they knew or should have known was unfit or posed a safety risk, they can be held liable for accidents caused by that driver, even if the driver was acting outside the scope of employment at the time of the crash.
This is particularly relevant in cases involving drivers with prior DUIs, reckless driving convictions, or a history of safety violations. If a trucking company fails to conduct adequate background checks or disregards red flags when hiring a driver, they can be held accountable for negligent hiring.
Identifying All Responsible Parties with Your Big Truck Accident Lawyer
A thorough investigation by a big truck accident lawyer will aim to identify all potentially liable parties. In some cases, this may extend beyond the truck driver and trucking company to include:
- Cargo Loaders: If improperly loaded cargo contributed to the accident.
- Maintenance Companies: If negligent maintenance by a third-party company was a factor.
- Vehicle Manufacturers: In rare cases, if a defect in the truck itself caused the accident.
- Other Drivers: In multi-vehicle accidents, other negligent drivers may share responsibility.
Who to Sue After a Boston Big Truck Accident
Determining the proper defendants in a big truck accident lawsuit is a critical decision best made with the advice of a big truck accident lawyer. While the truck driver is almost always named as a defendant, it’s often strategically advantageous to also include the trucking company in your lawsuit.
Truck drivers, while negligent, may have limited personal assets and insurance coverage. Trucking companies, especially larger ones, typically have more substantial insurance policies and financial resources to cover significant damages. Naming both the driver and the company increases the likelihood of recovering full and fair compensation for your losses.
Our Boston big truck accident attorneys can help you assess all potential defendants and determine the most effective legal strategy to maximize your recovery.
Damages You Can Claim with a Boston Big Truck Accident Lawyer
Victims of big truck accidents often sustain severe injuries due to the immense size and force involved. The damages in these cases can be substantial, reflecting the significant physical, emotional, and financial impact of these accidents. A skilled big truck accident lawyer will fight to ensure you recover the full range of damages you are entitled to under Massachusetts law.
Economic Damages: Quantifiable Financial Losses
Economic damages are intended to compensate you for your direct, quantifiable financial losses resulting from the accident. These include:
- Medical Expenses: Past and future medical bills, including emergency care, hospitalization, surgery, physical therapy, medication, medical equipment, and ongoing care needs.
- Lost Wages: Past and future lost income if you are unable to work due to your injuries. This includes lost salary, wages, bonuses, and benefits.
- Diminished Earning Capacity: If your injuries permanently impact your ability to earn a living, you can claim compensation for the difference between your pre-accident earning potential and your reduced earning capacity.
- Property Damage: Costs to repair or replace your damaged vehicle and any other personal property damaged in the accident.
- Other Out-of-Pocket Expenses: Other accident-related costs, such as transportation to medical appointments, home modifications for accessibility, and necessary household assistance.
Non-Economic Damages: Intangible Losses
Non-economic damages compensate you for the intangible, subjective losses resulting from your injuries. These damages are more challenging to quantify but are a crucial component of fair compensation, particularly in severe injury cases. In Massachusetts, you can pursue non-economic damages in a lawsuit if your economic damages exceed $2,000. These damages include:
- Pain and Suffering: Compensation for physical pain, discomfort, and emotional distress caused by your injuries and the accident itself.
- Emotional Distress: Compensation for psychological trauma, anxiety, depression, and other emotional suffering stemming from the accident.
- Loss of Enjoyment of Life: Compensation for the diminished ability to participate in hobbies, activities, and aspects of life you enjoyed before the accident.
- Loss of Consortium: In cases of severe injury, a spouse may be able to claim damages for the loss of companionship, intimacy, and household services resulting from their spouse’s injuries.
Calculating and Proving Your Damages with a Big Truck Accident Attorney
Calculating the full extent of your damages, especially future medical expenses, lost earning capacity, and non-economic damages, often requires expertise. Insurance companies will often attempt to minimize payouts and undervalue your claim. A seasoned big truck accident lawyer will work with economic experts, medical professionals, and other specialists to thoroughly document and prove the full scope of your damages. We will fight to ensure that any settlement or jury award accurately reflects the true cost of your injuries and losses.
Free Consultation with a Boston Big Truck Accident Lawyer
If you or a loved one has been injured in a big truck accident in Boston, don’t navigate the complex legal process alone. Contact the Law Office of John J. Sheehan today for a free, confidential case evaluation. Our experienced Boston big truck accident lawyers are ready to listen to your story, assess your legal options, and guide you towards the compensation and justice you deserve. Call us now at (617) 539-8366 or reach out online to schedule your free consultation. Let us help you get your life back on track.
