Personal Injury Law: Truck and Tractor-Trailer Accidents causing Injury or Death - Lawsuits and Insurance Claims in Western Massachusetts

Presented by Attorney Sean Cleary, Personal Injury Lawyer

Accidents involving tractor trailers and semi trucks or other heavy vehicles usually involve serious property damage and physical injury. When someone in a 3,000-pound passenger vehicle collides with an 18-wheeler or other large freight carrier which can easily weigh up to 200,000 pounds, fatalities and life-changing injuries commonly result. In addition to their size and weight, trucks are prey to certain problems that make them potential road hazards. These problems include a propensity to jackknife and a wide turning radius. If a truck is carrying hazardous or flammable materials, secondary injuries could be a grave issue as well.

Because of a truck’s increased dangers and risks a wide variety of trucking laws and regulations apply such as weight limits and insurance rules. For example, trucking companies must run each driver’s traffic record every year. In statistical terms, truck drivers are very careful and these safety precautions are very helpful. There are also a wide range of vehicle code sections that apply only to commercial truck drivers and the companies that employ them. Commercial truck drivers have special licensing and training requirements. Federal laws require driving logs of their route and the amount of time spent driving. Local laws that apply to commercial trucking vary from state to state.

If negligence or safety violations such as improper maintenance are involved in a collision with a truck or other commercial vehicle, you may be entitled to damages for physical, emotional, and financial losses. “Negligence” refers to a failure to exercise reasonable care in a given circumstance. This includes the upkeep of the vehicle and regulation of driver behavior. Accident-causing problems include faulty brakes, faulty turn signal flasher lights, overweight tractor-trailers, violations of driver hours-of-service rules, inadequately trained drivers, speeding, or aggressive driving behavior.

Truck accident liability is notoriously complex. Depending on the nature of the incident, liability can involve different parties such as the truck owner, the driver, the driver’s employer, the vehicle’s manufacturer, a leasing contractor, or a third-party maintenance company. Sorting out the responsible parties can be a messy business because there typically are multiple parties involved in the ownership, loading, maintenance, and operation of a semi trailer or other commercial truck.

Additionally, there are frequently federal and state laws that are applicable as well as multiple insurance carriers involved. If you or a loved one have been involved in a truck accident you need an experienced, highly trained lawyer with trucking expertise in your corner to protect your rights and secure fair compensation, as you’ll be up against at least one company – and its insurance carrier or carriers – that will want to see the claim dismissed or settled for a pittance. The trucking company’s insurance underwriter and its claims adjuster will immediately move into action to protect their bottom line and their investigator will quickly start gathering evidence seeking to minimize their liability. Commercial trucking companies and their insurers are professionally trained and prepared for accident situations and know very well how to best defend their interests.

It is crucial to move into action quickly after an incident, to secure the trucker’s log data, for example, and not fall victim to any statute of limitations. It is also vital to avoid making a statement about the accident or your injuries, or to sign a medical authorization or release, without the presence or advice of an experienced personal injury attorney. The bottom line is that you’re much more likely to obtain a greater settlement if you secure the services of a skilled lawyer who can properly assess and direct the negotiations for your claim.

At the Law Offices of Sean J. Cleary we have 15 years’ experience in Massachusetts dealing with truck accidents and the ensuing settlements or litigation. We offer dedicated, professional service with a personal touch – every case is handled or overseen personally by myself so your claim will get the care and attention it deserves. There are no costs to you to retain my services for personal injury cases because we are paid on a no-recovery-no-fee basis. Our contingency rates are customary and modest. Call our office today if you or a loved one has been involved in a truck accident. We will discuss your situation and determine how best to proceed.

Please feel free to contact us for a free, no obligation consultation regarding your personal injury case, or call us at: (413) 549-3883.

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