Large trucks, including tractor-trailers, semis, 18-wheelers, and big rigs, can cause severe injuries. These commercial vehicles are no match for smaller vehicles. Collisions with motorcycles are even worse.
Today, more and more commercial vehicles operate on Brockton roads. Truck accidents can be devastating and life-changing. If you or your loved one has been injured in a truck accident, contact an experienced Brockton truck accident lawyer to find out whether you have a case.
Call the Law Office of Robert C. Shea, P.C. today at 508-506-5681 for a free case evaluation. We will protect your rights and help you secure the best compensation for your injuries and damages. Our skilled legal team of Brockton truck accident lawyers is ready to help you get the justice you deserve. Contact a Brockton auto accident lawyer now to learn more about your legal options.
Table of Contents
Truck Accident Statistics in Massachusetts
Data from NHTSA indicates that Massachusetts’ fatalities involving large trucks were 28 in 2015, 31 in 2016, 28 in 2017, and 31 in 2019.
In 2019, the Insurance Institute for Highway Safety reported that large truck occupants were involved in motor vehicle crash deaths. Fatalities involving large trucks in Plymouth County were 2 in 2015, 1 in 2016, 5 in 2017, 1 in 2018, and 3 in 2019. The city of Brockton is located in Plymouth County, MA.
What Should You Do After a Truck Accident?
The aftermath of a truck wreck can be confusing and chaotic. There are several things you can do even if you are in shock or pain. Here’s what to do after a truck crash in Brockton:
Call 911 immediately after the truck wreck. The police will file an accident report that can help strengthen your claim. This report will point out if the other driver had violated any traffic laws. Remember, insurers may try to deny your truck accident claim if there is no accident report.
Trucks may catch fire after a crash due to the cargo they carry. Help other victims of the accident by moving them to safety and checking whether they are injured. Notify the 911 dispatchers of any severe injuries.
Get details such as the driver’s name, license number, phone number, employer details, trucking company name, and insurance information.
Document the Scene and Speak with Witnesses
Documenting evidence can help strengthen your Brockton truck accident claim. Thanks to technological advancements, you can now take high-resolution photos and videos of your bruises, cuts, debris, vehicle damage, spilled cargo, road conditions, skid marks, road signs, and weather conditions.
Seek Medical Attention
Allow EMTs to examine you once they arrive at the scene of the accident, especially if you are dizzy, sore, stiff, or feel any pain. You may end up disregarding a severe concussion as a mere reaction to a crash. Seek further medical assessment from your doctor after the crash to ascertain your condition. Make sure you keep all records of your injuries and medical treatments.
Contact an Attorney
The sooner you contact an experienced Brockton truck accident lawyer, the better for your case. At the Law Office of Robert C. Shea, P.C., we will promptly start working on your case to protect your rights. Let us help you get justice while you focus on your recovery.
What are the Laws Regarding Truck Accident Liability in Massachusetts?
All motorists are required to abide by Massachusetts traffic laws. Following the laws helps to reduce the risk of truck accidents. The trucking industry in Brockton must comply with state and federal regulations.
The state of Massachusetts has adopted certain sections of the Federal Motor Carrier Safety Administration regulations, including Title 49, Parts 390-399. These sections deal with driver qualifications, hours of service, repair and maintenance, use of controlled substances, and the transportation of hazardous substances.
The FMCSA requires drivers to operate commercial motor vehicles for a maximum of eleven hours within any fourteen-hour period. Drivers are required to take a ten-hour break once they have driven for eleven hours. Commercial truck drivers are prohibited from driving for over seventy hours within any seven or eight-day period. Such drivers should take a 34-hour break.
Drivers of trucks should at all times have their logbooks with them. This book must be produced in the event a law enforcement officer asks for it. Drivers are required to record all their work periods and breaks in the 24-hour logbook. Trucks can also have electronic on-board recorders that note when a truck is on the move.
How Can A Truck Accident Lawyer Help?
Truck accident cases are complicated given the intricate personal injury and trucking laws in Brockton. At the Law Office of Robert C. Shea, P.C., our knowledgeable Brockton truck accident lawyers can help you get the justice you deserve. Our mission is to ensure that you get the maximum compensation you are entitled to. Here’s how we can help you:
We will conduct an independent investigation into your truck crash. Our seasoned Brockton truck accident attorneys will examine driver logs, freight manifests, truck maintenance data, police reports, the driver’s toxicology report, eyewitness statements, and medical records to build a strong case.
Filing a Claim
Our legal team will file your claim in time before the statute of limitations for personal injury claims in Massachusetts expires.
The Law Office of Robert C. Shea, P.C., will aggressively negotiate with trucking companies and their insurers on your behalf to ensure you receive fair compensation for your injuries and damages.
Our trial lawyers will extensively prepare your case for trial, utilizing all available resources at our disposal. Our Brockton truck accident lawyers have the experience and skills to secure the best settlement for your case in court.
What Types of Compensation Can I Receive in Brockton, MA?
In Brockton, courts may award a plaintiff the following damages following a successful truck accident lawsuit:
These are losses that are calculable with reasonable precision, including medical expenses, lost income, transportation costs, property damage, and child-care expenses.
These are intangible damages brought about by the psychological harm of the crash. They include:
- Pain and suffering
- Emotional distress
- Loss of sexual function
Also known as exemplary damages, they aren’t designed to compensate the victims of truck accidents. The purpose of these damages is to punish the defendant in the event of reckless or negligent behavior. The state of Massachusetts doesn’t allow punitive damage awards. The only exception is in the event of a wrongful death claim.
How Much is My Truck Accident Claim Worth?
Truck accidents can never be the same. Many factors have to be considered in a truck accident case. Factors like property damage, lost wages, the severity of your injuries, pain and suffering, and present and future medical bills have to be factored in when determining the value of your truck accident claim.
Insurance companies will always try to limit payouts for auto accidents. They stand to lose more in truck accident claims. An experienced Brockton truck accident lawyer can look into the facts of your case and help you determine the value of your claim. We will base your claim value on total damages.
At the Law Office of Robert C. Shea, P.C., our Brockton truck accident lawyer and legal team will dig into the details of your case to determine the value of your truck accident claim.
Is There a Deadline for Filing a Claim?
In the state of Massachusetts, the statute of limitations requires you to file a truck accident claim within three years from the date of the accident. The court may dismiss your lawsuit if you file it after the three-year deadline. You risk losing your right to seek compensation by filing your claim after the deadline.
How is Fault in a Truck Accident Determined in Brockton, Massachusetts?
The state of Massachusetts is a no-fault state. You can file a claim to recover damages from your insurer. Still, your insurer may not cover all your damages. You can file a truck accident claim in Massachusetts if you sustain permanent injuries or incur over $2,000 in medical expenses.
For a successful lawsuit, you have to sue the correct defendants. A seasoned Brockton truck accident attorney can help you find out who was responsible for your crash. In an accident involving two or more vehicles, one of the drivers is usually at-fault for causing the wreck.
Massachusetts applies modified comparative negligence laws when determining fault. You may only recover damages in your truck accident claim if your fault is less than 51%.
The amount of compensation you receive will be reduced by your fault percentage in the crash. If your assigned percentage of fault is 51% or higher, you won’t recover any compensation in a truck accident claim.
Can a Brockton Truck Accident Lawyer Prove the Truck Driver was Negligent?
You require the legal counsel of an experienced lawyer to prove negligence in a truck accident case. Many victims of accidents have a hard time securing compensation for their crashes. Regardless of how obvious an accident seems, insurance companies will always argue that you don’t deserve any compensation.
At the Law Office of Robert C. Shea, P.C., our Brockton truck accident lawyer and legal team will gather all the evidence we need to prove negligence. We will prove that the defendant was negligent using these four key elements:
Duty of care
Our Brockton truck accident lawyers will first determine whether the defendant had a legal duty of care. We will argue that the defendant was responsible for acting with reasonable care during the crash. For instance, all truck drivers are required to drive motor vehicles safely while on Brockton roads.
Breach of the duty
Next, we will prove that a reasonable person would have acted differently under similar circumstances. For instance, a reasonable person wouldn’t opt to run a red light or speed. Our Brockton truck accident lawyers will prove that the defendant’s negligent actions were a breach of their duty of care.
Then, we will prove that the defendant’s negligent actions led to your injuries. Negligent actions like texting while driving may result in a truck accident. The Law Office of Robert C. Shea, P.C., will link your damages to the defendant’s negligence.
Damages sustained in a truck accident case may include pain and suffering, lost income, lost earning capacity, medical bills, and property damage. Our experienced team of Brockton truck accident lawyers will prove that the defendant’s actions or inactions harmed you.
A knowledgeable Brockton truck accident attorney can help you prove negligence in your truck accident case. We can help you build a strong case. This ensures the defendant’s team has no chance of blaming you for causing your own injuries.
Who Can be Held Liable?
Most car accidents usually involve the drivers of the vehicles. Truck accidents, on the other hand, involve more parties. Large commercial trucks can lead to catastrophic accidents due to their sizes. Parties that can be found liable for trucking accidents in Brockton include:
- Truck Driver
- Trucking Company
- Company Who Loaded the Truck
- Vehicle or Parts Manufacturers
Contact Our Brockton Truck Accident Lawyers Today
The aftermath of a truck crash in Brockton is never a great experience. Truck accidents can result in severe injuries and fatalities. Liable parties should be held accountable for their actions or inactions after a truck accident.
If you choose the Law Office of Robert C. Shea, P.C., and the Brockton truck accident lawyers, to handle your truck accident claim, you’ll get sound legal assistance from a knowledgeable team that understands how traumatic this experience is for you and your loved ones.
We will conduct independent investigations to find out what happened in your crash. This will give you ample time and energy to focus on your health, wellbeing, and recovery.
If you’ve been injured in a truck accident in Brockton, call 508-506-5681 today. Our Brockton truck accident lawyers will build a strong case as you focus on your recovery. We have over 20 years of experience in personal injury cases. Don’t wait to take action against liable parties. Get started now to maximize your compensation.