Boston Truck Accident Lawyer

Truck accidents can be devastating and often deadly for car drivers, motorcyclists, bicyclists, and pedestrians. If you or a loved one was injured in a Boston truck accident, don’t hesitate to contact a lawyer to get you the compensation you deserve. 

The truck accident attorneys at Steinger, Greene & Feiner will identify all parties who were at fault in the accident and hold them responsible so you can focus on moving on with your life. 

Truck Accidents in Boston

Large trucks can weigh 10,000 to 80,000 pounds. A collision with a big rig truck, tractor-trailer, 18-wheeler, semi-truck, garbage truck, delivery truck, or other large vehicle can cause catastrophic, life-changing injuries or death. Because there is a lot of money at stake for the trucking company, they will often send investigators to the scene immediately to secure the accident scene and gather evidence that supports the truck company. They may also try to get statements from witnesses or victims. 

This is why it’s so important to contact an experienced truck accident attorney to begin investigating and gathering and preserving evidence to prove that the driver or truck company was responsible for the accident. To minimize their liability, truck companies often send a representative to the scene to get the victim to sign a settlement and waive their right to a lawsuit. It’s in your best interest to speak with an attorney before you speak with a representative from the trucking company.

Truck accidents are often caused by some form of negligence on the part of the driver, the trucking company, or another party.

Some examples of negligence that contribute to truck accidents include:

• Driver fatigue
• Equipment failure (as a result of a defective part)
• Negligent maintenance
• Overloaded or improperly loaded truck
• Driver inattention
• Speeding (can be due to demanding delivery schedules)
• Non-compliance with federal regulations
• Habitual negligent hiring practices

Where Do Truck Accidents Happen?

Truck accidents can happen anywhere, but the severity of the accident usually depends on the type of truck involved and whether it occurred on local roads or an interstate highway. 

Local Roads

Local roads are often narrower than major highways and there may be pedestrians, including children, which is why large semi-trailers are prohibited from using these roads. Most truck accidents on local roads involve delivery trucks, dump trucks, or moving trucks. 

These vehicles are smaller than semi-trailers, but they can still cause serious injuries and damage. But speed is the most significant factor in the severity of truck accidents, and the lower speed limits on local roads mean that accidents are usually less severe.

Accidents on local roads tend to fall under the jurisdiction of local law enforcement. It’s important to know the exact location of your accident because this can determine which precinct handles your case and where you can get a copy of the crash report.

Interstate Highways

Because larger trucks like semi-trailer trucks and 18-wheelers are allowed on the highway and it has very high speed limits, accidents on the interstate can be catastrophic and often deadly. 

Accidents on interstate highways typically fall under the jurisdiction of state authorities. This means that a state trooper will file your crash report and it may need to be obtained online. 

Why You Need a Boston Truck Accident Lawyer

Truck accidents can be highly complex, involving multiple vehicles and drivers as well as trucking companies. A Boston truck accident lawyer can identify all at-fault parties in your case and which legal standards apply. They will handle evidence gathering, interviewing witnesses, and all negotiations with insurers and trucking companies to secure maximum compensation for your injuries. 

Suing Truck Drivers

Truck drivers must protect other drivers on the road by following traffic laws and trucking regulations. Other drivers and their passengers are owed this duty, and actions or inactions by a truck driver that breach this duty and cause injury could be considered negligence which can justify a lawsuit.

One way plaintiffs, or victims, in truck accident cases, can prove negligence is by obtaining a police report showing that the truck driver broke the law. If their violation of the law results in an accident, the law assumes the truck driver was negligent. This is the concept of negligence per se, which is relatively straightforward. 

If the truck driver does not break the law, things can get more complicated. The plaintiff and their lawyer need to investigate things like how long the driver was on the road the day of the accident and in the days leading up to the accident, and speak with witnesses about what led to the accident. Doing this could reveal evidence that the driver violated state and federal trucking regulations. It can also show that they violated safe-driving rules that any reasonable driver should follow, even if they don’t violate any laws.

Suing Truck Companies

A truck driver is almost always a defendant in a truck accident lawsuit, but their employer may also be a defendant. If the truck company took actions or failed to take actions that contributed to the victim’s risk of injury, the company could share liability for the accident. Depending on the facts of the case and the employment structure, the truck company could be held responsible instead of the individual employee.

Trucking Company Liability

In addition to regulations that truck drivers must follow, there are strict federal regulations that trucking companies must adhere to. Vehicles cannot exceed certain weight limits, drivers cannot exceed a certain number of hours per week, and cargo must be properly secured, among other requirements. 

Failure to comply with these regulations puts both the truck driver and other drivers on the road at a greater risk of injury. If an investigation finds that the trucking company violated federal regulations, both the truck driver and their employer could be held responsible for a victim’s injuries.

Negligent hiring, retaining a driver that the company should have known was dangerous, and or failing to maintain the truck can also make a truck company liable for an accident.

Vicarious Liability

Trucking companies can be held liable if their drivers cause crashes simply because they are the employer. For example, a restaurant can be held liable if someone falls because of a spill that an employee failed to clean up. 

To sue for vicarious liability, you have to show that the driver was working within the scope of their duties when the negligence occurred. Since truck drivers are hired to drive trucks, any mistakes they make while behind the wheel are likely to be within the scope of their employment. If the truck driver deviated from the assigned route or was driving the truck in their off-duty time, this could cause issues for vicarious liability, but these issues are rare.

However, an issue in many trucking accident cases is that you cannot sue a trucking company for a contractor’s mistakes. Many truck drivers are owner-operators or independent contractors who do jobs for trucking and transportation companies, but they are not employees. If the driver is not an employee, you cannot hold the trucking company responsible as their employer. Instead, you would hold the driver liable, and your claim would involve negotiations with their liability and auto insurance providers. 

Negligent Hiring

Under the negligent hiring legal theory, trucking companies can be held liable for injuries if they knew or reasonably should have known that the truck driver was unfit for the job and posed a risk of harm on the job. Even if the employee was not acting on their job duties when the accident occurred the truck may still be held liable. For example, if a driver took a company-owned truck on a detour for a personal errand and caused an accident, the trucking company can be liable if they knew the driver posed a safety risk when they hired them.

Negligent hiring often comes up in cases where drivers are charged with a DUI. If the trucking company knew the driver had a history of alcohol abuse or DUIs and hired them anyway, the company can be held liable for negligent hiring. 

Suing Other At-Fault Parties

In addition to the truck driver and the trucking company that employs them, other drivers involved in the accident can also be responsible for your injuries. An experienced truck accident lawyer can identify all responsible parties that should be defendants in your claim and maximize your potential compensation.

Legal Challenges in Boston Truck Accident Cases

The biggest legal challenge truck accident victims face is getting the full and fair compensation they deserve from negligent trucking companies and their insurers. Most large companies that own, lease, or maintain trucks are insured by powerful insurance companies who hire their lawyers to reassign blame for the accident and minimize their payout on your claim. This is why it’s important to work with a truck accident lawyer who can collect evidence that shows the negligence of the truck driver or trucking company, including hiring experts to examine the truck and its parts for any issues that may have contributed to the collision. 

The statute of limitations to file a truck accident claim in Massachusetts is three years from the date of the accident, but you should file as soon as you can to preserve evidence and allow experts like accident reconstruction experts to build the strongest case. 

Another legal challenge is proving the extent of the victim’s injuries and the fact that the victim may need compensation to cover future medical treatment and other expenses. A lawyer will help bring in expert witnesses like life care planners, vocational rehabilitation therapists, and economists who can explain the costs of all future medical care. 

Compensation for Truck Accident Victims

The compensation for injuries sustained in a truck accident can be divided into three categories: economic damages, non-economic damages, and punitive damages.

Economic damages refer to financial losses and cover things like past, present, and future medical expenses, lost wages, and loss of earning capacity. 

Non-economic damages are losses that are difficult to quantify in monetary terms and include things like pain and suffering and loss of consortium (for family members’ loss of companionship due to injury). 

Punitive damages are designed to punish the defendant and awarded in select cases where the defendant was shown to have engaged in “gross negligence.”

Choosing the Right Boston Truck Accident Lawyer

The lawyer you hire should have specific experience handling truck accident cases in Massachusetts. Truck accidents can become very complicated when multiple drivers and vehicles are involved, which can implicate the truck driver, truck owner, and trucking company. 

At Steinger, Greene & Feiner, our attorneys know how state law and federal trucking regulations can impact your case, and we won’t rest until we’ve revealed every instance of negligence that led to your accident. We’ll examine the truck driver’s log to see if they had been driving longer than the legally allowed number of hours when the accident occurred or if the truck did not undergo a required maintenance check or repairs.

With thorough investigation, expert testimony, and our specialized expertise, we’ll work to secure you maximum compensation for your injuries. We’re dedicated to serving our clients, so we operate on a contingency fee basis, meaning you don’t have to pay us until we win your case.

Client Testimonials

Our former clients report complete satisfaction with the way we handled their cases. Hear why we’re the leading truck accident lawyers in Boston.

FAQs About Truck Accident Claims

What Do I Do After a Truck Accident?

If you’ve been involved in a truck accident, the first thing you should do is call the police and seek medical attention. If possible, get the truck driver’s license, insurance information, license plate number, and make and model of their truck. Make sure to take pictures of the accident scene, including all vehicles involved, and collect any eyewitness contact information. Next, it is highly recommended to contact a truck accident lawyer to get the best results for your claim. 

What Damages Can I Recover in a Truck Accident Claim?

If you’re injured in a truck accident, you may be entitled to medical expenses, lost wages, damages for reduced or lost earning capacity, rehabilitation costs, pain and suffering, and emotional trauma. 

How Do You Determine Fault in a Truck Accident Claim?

Under Massachusetts law, multiple people can be held liable for a truck accident. It can be the truck driver, the trucking company that hired an experienced or negligent driver, or the truck owner if there were mechanical issues that contributed to the crash, among other parties. The court will review the facts of the case and determine all at-fault parties and their portion of fault for the accident. If a plaintiff is found to be more than 50% at fault for the accident, they will not be eligible to collect any compensation. 

What Are the Most Common Truck Accident Cases?

The most common accident cases are caused by driver fatigue, distracted driving, operating a truck under the influence of drugs or alcohol, improper or insufficient training, mechanical issues, speeding, and improperly secured loads.

How Much Is My Truck Accident Case Worth?

The value of your accident claim depends on the severity of your injuries and the associated costs for medical expenses, lost wages, and pain and suffering. An experienced attorney can provide the most thorough estimate for your damages. 

How Long Does a Truck Accident Lawsuit Take?

The length of time it takes to settle a lawsuit can vary widely. Your attorney will work with you to gather all the documentation you need to send to the trucking company’s insurance company. These types of cases usually settle within a few months of filing. 

Get Justice With a Boston Truck Accident Lawyer Today

If you’ve suffered injuries in a Boston truck accident, you shouldn’t have to fight for justice alone. The lawyers at Steinger, Greene & Feiner have decades of experience winning truck accident cases to get the compensation victims and their families deserve. 

Let us handle your case so you can focus on healing. Contact us for a free, no-obligation case consultation today.