If you were injured in a truck accident, there may be more than one party responsible for your injuries. Trucking companies, drivers, contractors, and insurers may all become part of the claim, depending on how the crash happened.
Our Sommerville truck accident lawyers at Earley Law Group Injury Lawyers have represented injured people in Massachusetts since 2006. We help clients understand who may be liable and what compensation may be available under Massachusetts law.
If you have questions about your case, contact us for a free consultation with a Sommerville personal injury lawyer.
Why Are Truck Accident Claims Different From Car Accident Claims?
Truck accident claims often require a closer look at who was responsible for the vehicle and how it was being operated before the crash. Depending on the facts, more than one party may be legally responsible for your injuries.
There may also be records that can help explain what happened before the collision. Federal trucking regulations may require information on driving hours, inspections, repairs, and maintenance. Some trucks also use electronic logging devices that record a driver’s hours of service.
When we review a truck accident claim, we look at whether those records are available and whether they help establish fault. That can be especially important when the trucking company disputes responsibility or gives a different account of how the crash happened.
What Can Cause a Commercial Truck Crash?
A truck crash may be caused by the driver, but that is not always where the inquiry ends. We also look at whether the truck was operated safely, whether it was properly maintained, and whether the company responsible for it followed the rules that applied to the trip.
Common causes include:
- Driver fatigue or hours-of-service violations.
- Distracted or inattentive driving.
- Speeding or following too closely.
- Unsafe lane changes or turns.
- Improperly loaded or unsecured cargo.
- Brake, tire, or other mechanical failures.
- Inadequate inspection or maintenance.
The police report is one piece of the case, not the entire case. Our Somerville truck accident attorneys may also review records from the trucking company, vehicle data, maintenance history, and other evidence that can help explain why the crash happened.
Who Can Be Responsible for a Truck Accident?
When a commercial truck causes a crash, we look carefully at who was responsible for the driver and the vehicle. In some cases, the driver alone may be at fault. In other cases, the trucking company’s own conduct may have contributed to what happened.
For example, questions may arise about whether the company hired a qualified driver, allowed unsafe driving practices, or failed to address known problems with the truck. Depending on the facts, a maintenance company, cargo-loading business, manufacturer, or another driver could also bear responsibility.
Identifying the responsible parties matters because it affects how we pursue the claim and which insurance policies may be available to compensate you.
What If the Trucking Company Says You Were Partly at Fault?
A trucking company or its insurer may argue that your own driving contributed to the collision. That does not necessarily prevent you from recovering compensation.
Massachusetts follows a comparative negligence rule. You can generally recover damages as long as your share of the negligence is not greater than the combined negligence of the parties you are seeking recovery from. Any damages awarded are reduced in proportion to your percentage of fault.
If fault is disputed, we look closely at the evidence rather than accepting the insurer’s version of the crash. That may be especially important when there is disagreement about lane position, following distance, speed, or what happened immediately before impact.
What Compensation Can You Seek After a Truck Accident?
A truck accident claim may include compensation for both financial losses and the physical effects of your injuries.
Depending on your circumstances, recoverable damages may include medical expenses, future treatment, lost earnings, diminished earning capacity, property damage, and pain and suffering when permitted under Massachusetts law.
When a truck collision causes a death, qualifying family members may have rights under Massachusetts wrongful death law. Massachusetts law allows recovery of specified losses in wrongful death actions and may allow punitive damages in cases involving malicious, willful, wanton, or reckless conduct or gross negligence.
How Our Sommerville Truck Accident Lawyers Handle Insurance
Commercial insurers may dispute how the collision happened or whether every claimed injury resulted from it. They may also examine prior medical records, treatment gaps, statements made after the crash, or differences between your account and other available evidence.
That is why we build the claim from the underlying documentation rather than relying on broad descriptions of what happened.
As your truck accident attorneys in Somerville, we also communicate directly with insurers so you are not left trying to answer legal and medical questions from an adjuster while you are receiving treatment.
How Long Do You Have to File a Truck Accident Lawsuit in Massachusetts?
Massachusetts generally requires personal injury lawsuits to be filed within three years after the cause of action accrues. Different rules can apply in some circumstances, so the exact deadline should be reviewed based on the facts of your case.
The filing deadline is not the only reason to act early. Trucking records may have retention periods, electronic information can change, and witnesses can become difficult to locate.
Speaking with a lawyer sooner gives us a better opportunity to determine what evidence may need to be preserved.
Why Choose Earley Law Group
When we take on a truck accident case, our job is to make sure you understand what is happening and why. That means giving you clear answers, explaining the decisions that need to be made, and keeping you informed as the claim develops.
We also pay close attention to the practical effect of the crash. Your medical treatment is part of the case, but so is the time you’ve missed from work, the limitations you are dealing with, and the changes the injury has caused in your day-to-day life. Those details help us evaluate whether an insurance offer fairly reflects what you have been through.
Earley Law Group has represented injured people since 2006. We handle personal injury cases on a contingency–fee basis, so you pay zero attorney fees upfront. If meeting at our office is difficult due to your injuries, we can also arrange a consultation at another location as needed.
Talk to a Somerville Truck Accident Attorney
Hurt in a truck crash? Contact Earley Law Group for a free consultation with a truck accident attorney in Somerville. We can answer your questions and explain what options Massachusetts law gives you.