MASSACHUSETTS TRUCK
ACCIDENT LAWYERS
IN NEW ENGLAND?

Truck accidents are far too common and can happen in a number of different circumstances. The following could be contributing factors, depending on the circumstances of each crash. Take a look at the most common causes for truck accidents.

DRIVING WHILE DROWSY

Federal regulations limit the hours a truck driver can log consecutively. However, these rules are often ignored. Truck drivers typically work long shifts, sometimes driving through the night to reach their destinations and unload their cargo on time. This isn’t fair when commercial truck companies are to blame for this, pushing drivers to meet deadlines. Driving drowsy means delayed reaction times, blurry vision, and even falling asleep at the wheel. Driving while exhausted, which can be just as dangerous as driving while intoxicated, has led to many serious collisions.

IMPROPER CARGO LOADING

Anyone who loads a cargo truck must abide by specific rules as to how a truck can be loaded. These govern the total size, weight, height, and length of the vehicle and its cargo. Have you ever seen an item sitting in the middle of the road? Well, maybe the proper procedures in securing the cargo for transport were not followed to the letter. When cargo is loaded improperly, it can fall onto the roadway and result in devastating crashes. The driver and/or the trucking company could be held liable in such cases.

POOR VEHICLE MAINTENANCE

Commercial trucks need to be maintained according to federal standards. All the truck’s systems and parts should be inspected regularly and kept in good repair. Everything that is checked, maintained, and fixed should be thoroughly documented. Unfortunately, in an effort to save money, some companies don’t perform regular maintenance on their fleets. Commercial truck parts may be considered too expensive, or drivers are in a hurry to meet strict deadlines. When needed maintenance is ignored this way, serious accidents can occur due to cracked windshields, tire blowouts, or brake failure.

UNSAFE DRIVING PRACTICES

Drivers spend many hours on the road, and after a while this makes some drivers become overconfident and careless. They might develop unsafe driving habits.

Unsafe driving habits may include:

• Speeding
• Tailgating
• Frequent lane changes
• Road rage
• Failing to yield

TRUCK EQUIPMENT FAILURE

Sometimes defective equipment causes collisions. The problem could originate with the brakes, a defective hitch, separated tire treads, or a host of other things. If a defective part caused an accident, this is where filing a claim—or claims—can get especially complicated. The truck company, part manufacturer, or truck manufacturer may be held liable. It all depends on the specific circumstances.

DRIVER INEXPERIENCE

Commercial drivers must be trained and experienced much more than the average driver’s license holder. There are rules and regulations that drivers must learn before obtaining a CDL. They must take courses, log so many hours of training, and pass tests. Truck drivers also need to know and understand a wide range of laws regarding operating a semi or large truck. They need to know how to react in different driving situations such as inclement weather, changes in traffic, poor road conditions, or construction work.

What to do after a truck accident?

Being involved in a truck accident is a stressful situation that can leave you disoriented, injured, and unsure of what to do next. Try to remain as calm as possible. The steps you take in the aftermath of the crash can help you build a personal injury claim and recover compensation later.

Taking the following steps can help protect your legal rights after being involved in a truck accident:

• Stop and report the incident. Anyone involved in the accident should remain at the scene until the police arrive and instruct you on what actions to take next.

• Seek medical attention. You should see a doctor whether or not you were obviously injured. Failure to seek medical treatment after an accident could interfere with your ability to recover compensation later on.

• Photograph the accident scene. If your health allows, take pictures and videos of all vehicles involved in the accident, the location where the incident occurred, and wide-angle shots of the whole accident scene.

• Exchange contact information. Get the name, address, phone number, and insurance information of each party involved in the crash. If there were any witnesses to the accident, it is a good idea to get their contact information as well. Eyewitness testimony can serve as valuable evidence when filing your claim.

Do not admit fault. It is important to choose your words wisely while at the accident scene and when speaking to the insurance adjuster. An innocent statement like “I’m sorry” can be construed as an admission of fault.

What should I do at the scene of a truck accident?

All too often, drivers and passengers involved in truck accidents are severely injured. When you are seriously hurt, your only concern should be seeking the medical attention needed. However, if you were able to walk away from the collision with minor injuries, then there are steps you can take to keep yourself free of further harm and to protect yourself financially.

Truck accidents are stressful, but try to breathe and remain calm. Prevent other drivers from colliding with your stopped vehicle by putting your hazard lights on and moving your car out of the flow of traffic as soon as possible. Depending on where the collision occurred and the amount of traffic present, your safest option may be to exit the vehicle and wait some distance from where it is stopped.

After you have successfully stopped your vehicle, you should call 911 and report the truck accident even if you do not think anyone is injured. Failure to report the incident could be illegal, depending on your location and the details of the crash.

If you are physically able to do so, document the scene of the accident and gather evidence. Consider contacting a truck accident attorney to get help in pursuing compensation for your losses.

Is a Truck Tire Blowout an At-Fault Accident? Truck tire blowouts occur when a tire suddenly deflates or comes apart. When a blowout occurs, the semi-truck may swerve into the other lane, drive into oncoming traffic, or roll over. The tire or debris left behind can cause devastating accidents, leaving victims with catastrophic injuries. It is possible for victims of truck tire blowouts to recover compensation for their injuries, but determining liability can be challenging. Numerous parties may be liable for damages after a truck tire blowout, including:

• The truck driver: A driver could be liable for the accident for behaving negligently or failing to perform an inspection or maintenance before driving.

• The trucking company: Typically, the trucking company is held liable for a tire blowout. Reasons include failing to perform safety checks, train their drivers, or establish safety protocols.

• The manufacturer: If a tire manufacturer produced a defective product, then they could be found liable for the accident.

Truck maintenance or repair company: Trucking companies often hire out the maintenance and care of their fleet. If the maintenance or repair company was negligent, they could be liable for the accident.

How is Fault Determined in a Truck Accident? Determining fault after a truck accident can be difficult and complex. There may be multiple parties involved that hold varying degrees of liability.

Potential liable parties unique to truck accidents

Potentially liable parties may include:

• The truck driver
• The trucking company
• The truck manufacturer
• The maintenance company
• The loading company
• A third-party driver

Evidence used to determine fault

Evidence commonly used to determine liability in truck accident cases includes:

• Police report: The police report provides essential information such as who was involved in the accident, where the incident occurred, and whether any driver involved acted negligently.
• Trucker’s driving record: Trucking companies should always check an applicant’s driving history before hiring that person. If the driver has a history of reckless driving behavior, drunk driving charges, or other traffic violations, this could serve as evidence that the company may have been negligent.
• Photos and videos: Pictures of the accident scene, property damage, weather conditions, and skid marks can help determine how the accident occurred. Dashcam or surveillance footage can provide invaluable evidence as to how the accident occurred.
• Blackbox: Most commercial trucks are equipped with a data recorder “black box” that stores data that can help determine the cause of the crash. It can provide GPS coordinates, the speed that the driver was traveling, when the driver braked, and other information.

Will My Truck Accident Lawyer Deal With the Insurance Companies for Me?

After a truck accident, you have enough to worry about without the stress and frustration of dealing with the insurance company. How you communicate with them can greatly affect the payout of your claim, so it’s worth some thought and effort.

But you can get help and regain your peace of mind. One of the benefits of hiring a truck accident lawyer is that he or she will take care of all interactions with your insurance company and the liable parties.

While not all insurance companies are corrupt, they are looking out for their own financial interests. Insurance adjusters often use tactics like denying valid claims or pressuring accident victims into accepting a fast and low settlement offer. They may call accident victims and try to get them to say make an admission of fault.

If you were seriously injured in a truck accident, the insurance company will be working hard to avoid a major payout. They may have a whole team working on your case. Taking on the insurance company can be daunting, especially when you are trying to focus on your recovery.

A truck accident lawyer will assess how the accident has affected your life, calculate the value of your claim, handle all settlement negotiations with the insurance company, and ensure you receive the full compensation you are entitled to.

Are Truck Drivers Liable for Accidents?

Most truck drivers are directly employed by a trucking company. When a truck driver gets in an accident while on the job, it is often his or her employer who is legally and financially liable for the accident. However, there are certain situations where the truck driver may face liability for a truck accident.

A truck driver may be liable for damages when:

• The truck driver was under the influence of drugs or alcohol: It is illegal in most states for commercial truck drivers to get behind the wheel with a blood-alcohol level (BAC) of .04 or higher.
• The truck driver was distracted: Drivers who were texting or engaging in any other sort of distracted driving at the time of the accident could be held liable.  
• The truck driver failed to follow trucking regulations: All commercial truck drivers are required to obey federal trucking regulations regarding inspection and maintenance, hours of service, securing of cargo, record keeping, etc.
• The truck driver is an independent contractor: Independent contractors are required to hold their own truck insurance.
• The truck driver failed to comply with traffic laws: This could include speeding, tailgating, weaving in and out of traffic, failing to stop for signals or signs, or engaging in any other reckless driving behavior.

The Massachusetts truck accident attorneys at Jason Stone Injury Lawyers believe that trucking companies, drivers, and manufacturing companies should be held responsible for your pain and suffering. If they have been negligent, they must pay.

A trucking accident can be devastating for you as a victim and for your loved ones. You deserve a stable future, one where you won’t have to worry about how to provide for yourself and your family. The Massachusetts truck accident attorneys at Jason Stone Injury Lawyers can help provide that for you. We will use the law on your behalf to help you recover the compensation you need to restore your life.

You may be due compensation for:

• Medical expenses (both past and future)
• Cost of repairing or replacing your vehicle
• Pain and suffering
• Mental anguish
• Physical impairment
• Therapy
• Lost wages (both past and present)
• Loss of support
• Punitive damages

Our legal team is standing by to take your call. Phone Stone at (800) 577-5188 today to set up a free case evaluation. Please feel free to choose any method for your appointment: Skype, Facetime, in person, or whatever is most convenient and comfortable for you.