Motor Vehicle Collision Attorney Assisting Brockton Residents Some of the most devastating injuries that arise from motor vehicle accidents are caused by careless truck drivers. As a result of a truck’s massive size and weight, it can inflict serious harm on other motorists and pedestrians who are in its path. Without proper training, maintenance, and care, trucks and truck drivers pose a serious threat to road safety. Brockton truck accident lawyer Robert C. Shea has handled numerous claims involving these types of crashes. He is familiar with the regulations that apply to trucking operations at the federal and state levels. Contact him without delay if you need an injury lawyer to assert your rights.
Bringing a Personal Injury Claim After a Truck Accident According to Massachusetts law, employers may be held responsible for any careless acts that their employees commit while carrying out their job-related duties. This has important implications for truck accident claims because it means that in many cases a plaintiff can sue both the truck driver and his or her employer, a trucking company, for damages. Trucking companies also have many responsibilities of their own when it comes to the operation and maintenance of their trucks, as well as the hiring of truck drivers. State and federal regulations require trucking companies to perform routine maintenance checks and to make prompt repairs on any worn-down trucks. Additionally, when hiring drivers, trucking companies must use due care in ensuring that a driver has a clean driving record and has completed all of the appropriate training before hitting the open road unaccompanied. A trucking company that fails to comply with any of these requirements has violated the applicable standard of care and may be held liable for the victim’s injuries.
When it comes to truck drivers and trucking companies, general principles of negligence apply. This means that they must act with the same level of care and skill that a reasonable and prudent person would use in a similar situation. The standard also encompasses any applicable statutes and regulations, such as the Massachusetts law providing that commercial operators may not drive with a blood-alcohol content higher than 0.04%. If a plaintiff can show that a truck driver or trucking company violated an applicable law at the time that the crash happened, the plaintiff likely can establish that the defendant acted negligently.
Moreover, the plaintiff must show that the defendant’s conduct was the direct cause of the damages that he or she sustained. These may consist of property damage, medical bills, the costs of future treatment, lost wages, and pain and suffering, among other forms of harm. It is important to be aware that a victim who was also partly responsible for causing the accident may still be able to receive some compensation, as long as he or she was not 51 percent or more responsible.
Consult a Dedicated Truck Accident Lawyer in Brockton or Beyond Truck accidents are terrifying and often leave victims to cope with crippling physical, emotional, and financial burdens. Brockton truck accident attorney Robert C. Shea can represent people in Stoughton, North Easton, South Easton, and other communities throughout Plymouth, Norfolk, and Bristol Counties. He can assist you with each step of the process, including gathering medical records and evidence, negotiating with insurance companies, and vigorously advocating for your rights in the courtroom if needed. Call us at 781-844-2042 or contact us online to schedule a free consultation with a knowledgeable truck and car accident attorney.