Accident lawyer involving a truck

truk-lawyer
truk-lawyer

We usually come across large trucks on Massachusetts roads, these trucks are very important to the economy, but accidents involving large trucks can be very dangerous. The National Highway Traffic Safety Administration (NHTSA) released reports that more than 4200 fatal crashes have been reported involving large trucks in our country in just one year – this is a number to take into account.

When an accident involving a truck occurs, the result can be devastating, causing serious injuries to those involved in the long run. At Brooks Law, our truck accident attorneys understand the catastrophic nature of this type of collision and are here to help, providing legal guidance as needed.

If you’ve been involved in a trucking accident, or if a family member has been seriously injured or killed in a truck collision, don’t hesitate to contact one of our attorneys today for a free consultation.

Why Are Truck Accidents More Complicated?

An important reason to hire a lawyer after a truck accident is that this type of accident is often more complicated than accidents involving only passenger vehicles.
Table of Contents

Why Are Truck Accidents More Complicated?
Who Should Be Responsible for Truck Collision?
Damage in a Truck Accident Claim
Tips to Protect Your Rights After a Truck Collision
Time Limit for Claiming Legal Action Over Truck Accident in Massachusetts
Most Common Causes of Truck Accidents in Massachusetts
Catastrophic Injuries Caused by Truck Accidents
How Our Truck Injury Lawyers Can Help You

Reasons to include:

More serious damage. The amount of damages in this type of claim tends to be very high as the damages are very serious. The people involved often have higher medical expenses, lost wages, property damage and other losses. Fortunately, in the case of accidents involving trucks, insurance values ​​are usually higher. However, with so much money at stake, you can be sure the insurer will be reluctant. Greater difficulty in determining the culprit.

Car accidents usually occur due to the negligence of one of the drivers involved. Truck accidents are often more complicated. While there is no doubt that the accident may have been due to driver negligence and is usually the reason for the collision, there may still be many other potential causes that should be fully investigated and explored, including:

    • Inappropriate loading
    • Loading improperly fixed
    • Transport company negligence
    • Defective vehicle part
    • Ineffective vehicle maintenance
      And more…

Often, to investigate an accident involving a truck, it is necessary to hire specialists.

The potentially most responsible parties. While it is difficult to determine the culprit to make a claim in a truck accident, we must also determine the parties involved in the accident that must also be taken into consideration.

Here are some examples of potentially responsible parties:

    • The driver
    • The driver of other vehicles
    • The transport company
    • The owner of the truck or trailer
    • The loan companies
    • The charger and the unloader
    • The cargo owner
    • The manufacturer of the truck or truck part

The person responsible for maintaining the road, such as the government entity
Negotiating with the transport company. One reason that every truck accident claim is more complex than others, such as two passenger vehicles, is that a large carrier has a lot of resources to fight for the claim. This can make things more difficult when it comes to receiving fair individual compensation.

Luckily, even if the truck accident case is very complex, you don’t have to go through this process alone. Our truck accident attorneys are prepared to stand by you through the entire process.

Who Should Be Responsible for Truck Collision?

There are many parties that potentially must be held liable for a truck accident claim.

The truck driver. Truck driver negligence, which refers to the driver’s failure to exercise the required degree of attention to the situation, is also a common cause in a truck accident.

    • Driving tired or exhausted
    • Driving the truck while intoxicated or under the influence of narcotics
    • Reckless vehicle operation
    • Distracted driving
    • Driving without a license
    • High speed

Note that even if the driver’s actions are close to the cause of the collision, the carrier may also be liable for the driver’s actions under the theory of indirect liability. This requires the employer to be responsible for the employee’s actions while these actions take place in the course of employment. Some carriers may classify their drivers as “self-employed” rather than employees, which adds a layer of complexity to many truck accident cases.

Another driver. The collision is not always the fault of the truck driver. The actions of any other driver using a passenger car can also be the cause of blame, such as driving too close to the truck, driving close to blind spots, overtaking a large truck, attempting to overtake on the right, and other causes that can contribute to an accident involving a truck.
The transport company. The carrier shall not only be liable for the actions of its employed drivers but shall also be independently liable based on its own negligence. For example, failure to train your drivers correctly, failure to check drivers’ backgrounds, failure to maintain trucks, pressure on drivers to meet deadlines even in breach of service regulations, and more, anything that is negligence can result. Responsibility of the transport company.
The charger or discharger. When the truck is loaded, the party responsible for loading must ensure that the load is secure, correctly loaded, and properly secured. If not, the load may fall, or some other problem may occur in transit, leading to a collision.
The truck or truck part manufacturer. One of the scariest types of truck accidents is when there is a defect in the vehicle, which does not involve the driver’s actions. Brakes that do not work perfectly to stop the truck, separation of the tube and tire leading to a tire explosion, and other defects that can lead to serious accidents and damage. When a product manufacturer or distributor is at fault, they can be held liable for any resulting damage.
Government entity. State agencies and municipalities are generally responsible for performing road maintenance, including repairing potholes and other dangerous road conditions, removing garbage and dead animals from highways, and more. If an accident results from a dangerous road condition, the party responsible for that condition – or the failure to remedy the condition – will be held liable.

Damage in a Truck Accident Claim

When an accident involving a truck occurs, the passenger can be seriously injured in just a few seconds, especially if the accident caused a rollover. For any passenger who is inside the vehicle at the time of the collision, the consequence can be very serious.

The death of people in accidents involving trucks is not uncommon. In the event that the accident has no fatalities, the most common remaining damages that happen to people are:

Medical expenses. A person who has been involved in a truck accident has likely suffered severe, debilitating injuries that require emergency care in a hospital or treatments that can take weeks, months, or even years.
Property damage. A vehicle that has been involved in a collision with a large truck will be seriously damaged or completely destroyed. The person responsible for the collision of the vehicle will be responsible for the cost of repairing or replacing the vehicle that is collided.
Lost wages. A collision usually results in major injuries, so the people involved cannot return to work immediately, or perhaps indefinitely. The value of lost wages on the ability to earn income, the loss of benefits and potential benefits can be a huge financial blow to the family that is already paying a heavy price for medical costs.
Pain and suffering. The damage that occurs to a person in a truck accident is not only naturally economic but also uneconomical. At Brooks Law, we believe that you deserve to be compensated for the value of your pain, suffering, emotional stress and other non-economic harm as well.

Tips to Protect Your Rights After a Truck Collision

If you were involved in a truck accident and were seriously injured, the most important thing to do after a collision is to seek medical treatment. Doing this could save your life. When seeking medical care, follow medical advice, keep documents for all treatments received, and keep all invoices for clinical costs.

In addition to medical treatment, you should also do other things – or have a lawyer do this for you – to protect your rights after the collision. These are:

Collect evidence. It may be that you are seriously injured to obtain evidence from the accident scene at the time of the collision. However, evidence can be critical to your personal claim for damages. Collision photos, witness statements, truck black box data, and much more can be used to build a claim and prove negligence and its cause.
Write down. Keep a diary that details everything. From how the accident happened to what the experience of living with the injuries has been like. Not only can this be beneficial to your mental health, but it can also be used to assist as evidence to increase damage from pain and suffering.
Be careful. After the collision, you will feel like doing many things, like posting things about the accident on social media being able to create a testimonial that can serve in favour of the insurance company. Understand that anything you do after the accident will be viewed by the insurer, and this could be used against you. Our attorneys advise immediate legal assistance for more information on the dos and don’ts after a collision.

Time Limit for Claiming Legal Action Over Truck Accident in Massachusetts

In Massachusetts, the legal time limit for filing legal action in a truck accident is three years from the day of the collision. After three years, it will not be possible to make a claim. We recommend starting legal action as soon as possible so that the process does not stop.

Most Common Causes of Truck Accidents in Massachusetts

The potential causes of accidents involving trucks are almost endless. The biggest reasons are:

    • Driver negligence
    • Cargo loss
    • Defective vehicle part
    • Carrier negligence
    • Dangerous road conditions

While these are the most common causes of road accidents, the list is not all-inclusive.

Catastrophic Injuries Caused by Truck Accidents

Accidents involving trucks can cause catastrophic damage, lifestyle changes, and permanent injuries. Some of the most catastrophic damage a person can suffer includes:

    • Traumatic damage to the brain
    • Burns
    • Amputations
    • Spinal damage, including paralysis
    • Internal injuries
    • Neck and spine injuries
    • Ligament injuries
    • Broken bones

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