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Who Is Responsible For Large Truck Accident In Massachusetts?

Truck Accident Lawyer in Peabody Massachusetts

If you were injured in a trucking accident, you should contact a reputable personal injury lawyer as quickly as possible. Picking an experienced truck accident attorney can have a huge impact on the outcome of your case.

A personal injury car accident of any kind is traumatic and worrisome for the accident victim. However, when it comes to large truck accidents, the injuries you may get can be severe. Even more complicated, you may have a claim against more than one party in a large truck accident. This includes the truck driver, the truck driver’s employer, and any other people who may have contributed to the accident.

The Law Offices of Barry Feinstein and Affiliates P.C. has expertise in assisting clients throughout Massachusetts in evaluating who is responsible for a large truck accident and assessing potential claims resulting from common injuries in truck accidents.

A Massachusetts truck accident lawyer from our office can make sure that your rights are being fully asserted while you concentrate on getting well and recovering from your injuries. If your loved one was killed in a truck accident, our law office is here to help you explore a wrongful death lawsuit to recover the compensation you are entitled to. Contact us now for a free consultation!

Massachusetts Truck Accidents Caused by Driver Negligence

who is responsible for large truck accident Large trucks and other commercial vehicles often cause the worst and deadliest accidents on Massachusetts roadways. When confronted with an 18-wheel tractor-trailer, a passenger vehicle is quickly rendered helpless. These highway goliaths, weighing up to 80,000 pounds, are 25-to-30 times heavier than the ordinary passenger vehicle, and they’re taller and occupy more ground area. These truck accidents happen due to negligent driving. 

It’s been said that the larger the truck, the deadlier it is. Trucks with tractor-trailers were involved in three times as many fatal crash accidents than single-unit trucks, according to the Insurance Institute for Highway Safety (IIHS), although they account for only 4 percent of all registered cars.

Thanks to the phenomenal growth of same-day-demand e-commerce, more large trucks are on the road now than ever. This means that there has been an increase in commercial truck accidents.

Although the size difference between a truck and a passenger vehicle may play a crucial role in determining who sustains the most severe injuries, that will not be the only factor in determining liability to pay for devastating damages in a truck accident case. 

So Who Is Responsible For Large Truck Accident In Massachusetts?

Massachusetts lawmakers have been prompted to examine the root causes of trucking accidents, hoping to resolve the most serious problems and pass legislation minimizing trucking accidents.

Like the rest of us, the trucking industry wants fewer accidents, but what they care most about is having less legal obligation to pay for the damages caused by those accidents.

When it comes to determining fault and compensating trucking accident victims, the attorneys at The Law Offices of Barry Feinstein & Affiliates P.C. are relentless in their efforts.

Understanding Truck Accident Negligence

Negligence refers to the breach of legal responsibility to exercise reasonable care. (Case in point: Royal Indemnity Co. v. Pittsfield Electric Co., decided by the Supreme Judicial Court of Massachusetts in 1935).

Those working in the commercial trucking industry (truck drivers, logistics firms, manufacturers, motor carriers), as well as ancillary companies (namely, maintenance), owe society an enhanced duty of care when it comes to ensuring that trucking drivers, vehicles, and cargo are all road-worthy. This is because we all know what happens when they aren’t.

Each party can be designated a defendant in a truck accident case if their conduct triggered or contributed to a truck accident or worsened the ensuing injuries.

In a truck accident case where the driver is acting within the bounds of his employment responsibilities, the trucking company bears the responsibility for any accidents that occur. Even though this liability rule is in place, several trucking companies try to avoid liability and financial accountability by declaring that their driver is an independent contractor.

49 C.F.R. 390.5 of the FMCSA Regulations gets rid of the distinction between an employee and an independent contractor. All truck drivers, regardless of employment status, are considered company employees under this law. Having a competent legal team on hand can help you avoid these sorts of problems.

An Experienced Truck Accident Attorney Can Help You Build Your Case

Plenty of factors can determine who is responsible for a large truck accident, and you have the right to representation to help you point out who is at fault. When constructing a strong case, attorneys that specialize in trucking accidents consider the following factors:

  • Federal regulations that were violated
  • Methods for collecting and storing evidence
  • Evidence that trucking companies frequently lose or overlook
  • Recoverable damages

Minimum Liability Coverage for Truck Drivers

All truck drivers are required by federal law to have at least the federally mandated minimum liability insurance coverage in the event of an accident. If the commercial truck driver is found to be at fault in an accident, this policy will pay for the trucker’s property damage and bodily injuries. Although many insurance providers offer higher amounts of coverage, a truck driver is required to have a minimum liability policy, at the very least.

Recoverable Damages from a Trucking Accident

Victims and their loved ones may have to deal with short- and long-term complications after a truck accident. With the help of an experienced truck accident attorney, you may be able to pursue compensation for your losses. Damages you may be able to collect include:

  • Emotional anguish
  • Loss of consortium
  • Lost income or disability
  • Medical costs
  • Pain and Suffering
  • Property damage

Your ability to recover monetary damages is always subject to the unique circumstances of your case. When you hire an experienced legal team, you’re taking advantage of all your resources to maximize your chances of a successful outcome and just compensation.

Collecting Evidence After a Truck Accident to Determine Liability

Your lawyer can examine a myriad of evidence following a commercial truck crash to establish what happened and who may be liable. Among the pieces of evidence are:

  • Pictures taken at the truck crash scene
  • Police reports
  • Notes on the truck’s and other vehicles’ damages in the crash
  • Information from the damaged truck’s “black box”
  • Activity logs of the truck driver
  • Testimony from witnesses as well as trucking company staff
  • Records of the trucking company 
  • A court order

Experts in accident reconstruction may be called in to provide forensic analysis and explanation of truck crash sites in some instances.

What Happens If Multiple Parties Were to Blame for the Large Truck Crash?

You may be able to maximize your compensation by filing numerous claims if the investigation into the truck accident reveals that multiple parties may be at fault.

After a truck accident, the company’s legal team will move quickly to resolve claims and offer quick, seemingly generous compensation to the injured parties. Accepting this offer without first consulting with an experienced attorney might lead to you signing away your right to pursue more compensation you deserve.

A truck accident attorney with experience in investigating and building solid cases against negligent drivers, trucking companies, manufacturers, distributors, vendors, and other third parties can help you get the compensation you deserve.

Choose The Right Peabody Massachusetts Lawyer To Help With Your Truck Accident Claim

Injuries can be severe in a trucking accident, especially those that happen at highway speeds. Our Boston-area attorneys at The Law Offices of Barry Feinstein & Affiliates P.C. know how important it is to act quickly when investigating a trucking accident. When you enlist our services, our detectives and lawyers will work on your case immediately. 

The Law Offices of Barry Feinstein & Affiliates P.C.’s personal injury attorneys have represented clients in Massachusetts for over 25 years, providing them with committed and effective legal representation.

We have extensive experience helping accident victims file claims with workers’ compensation insurers and other third parties responsible for their injuries. We put in a lot of time and effort to get the results that are in our clients’ best interests, and we take the time to explain everything to them so that they know the status of their case as well as their legal rights and options.

Call us right away to get the compensation you deserve!

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