Member Of:
Justia Lawyer Rating
Avvo Rating
Super Lawyers

Truck Accidents

Cappetta Law Offices is dedicated to providing quality representation in personal injury law . With offices in Natick and Framingham, Cappetta Law Offices offers free consultations and charges no attorney's fees unless or until you recover compensation. I am proud to serve personal injury clients in Middlesex County and throughout Massachusetts.

Truck Accidents on the Rise

Trucks and tractor-trailers are indispensable to transporting goods within and across state lines. America relies on the trucking industry for the flow of commerce and trade. But with their large storage capacity come dangers endemic to trucks. Truck accidents continue to cause serious carnage on American roads. The National Highway Traffic Safety Administration expects more fatalities as the trucking industry recovers and continues to thrive. Despite a temporary lull, trucks are still the best-selling vehicles in the United States. But truck accidents can lead to devastating injuries. They often involve:

  • Rollovers, jackknifes
  • Spilled, scattered cargo
  • Overloading, imbalance
  • Defect in vehicle or parts
  • Fire, flammable materials
  • Dislocated, runaway trailer
  • Vehicles caught underneath
  • Obstruction in undercarriage
  • Exposure to toxic substances
Truck Accidents Caused by Negligence

Collisions between trucks and other vehicles are often preventable. Accidents generally occur when at least one driver is negligent. Negligence refers to a wide range of behavior, from the intentional and careless to an omission or "failure to act." Drivers have a legal duty to safely operate their vehicles. They breach that duty by negligently driving, causing traffic accidents that injure others. Personal injury law allows injured victims to sue negligent drivers to recover compensation for damages. Liable parties are legally responsible for any expenses arising out of the accident, including property loss, medical costs, lost income, and pain and suffering..

Federal and State Laws Govern Truck Accidents

Trucks used in interstate commerce are known as "commercial carriers" and are governed by various rules. These rules generally require that truck operators maintain a commercial driver's license (CDL), which differs significantly from a regular license. CDLs often impose a higher standard of duty on drivers. Truck drivers, for example, are subject to greater restrictions than normal motorists. In order to maintain a CDL, truck drivers must:

  • Undergo extensive training
  • Obtain additional accreditation
  • Pass periodic drug and alcohol tests
  • Register lower BAC for purposes of DUI
  • Keep detailed daily log of total hours driven
  • Submit vehicle for routine safety inspections
  • Meet all standards subject to suspension, revocation
Commercial Carrier Liability

In addition to the rigorous requirements of maintaining a CDL, federal and state laws also impose "vicarious" liability on any person, business, or entity responsible for employing the truck. This means that truck companies are held liable for the negligent acts of their drivers. Federal laws like the Federal Motor Carriers Act were specifically enacted to prevent large corporations and small business from evading liability in the event of a crash. They require that truck companies carry sufficient insurance to cover liability for bodily injury or death caused by driver negligence. This means that the victim is entitled to compensation from parties other than the individual driver, including employers, businesses, and insurers of the various entities.

Contact a Personal Injury Attorney in Massachusetts Today

If you were involved in a truck accident in Massachusetts, contact a dedicated personal injury lawyer for help. Truck accidents often involve multiple claims and require a legal representative who can fight for your rights. Cappetta Law Offices acts promptly to preserve the full value of your claim and protect your right to relief. During your free consultation, I will provide an honest evaluation of your case and identify the parties liable to you in damages. From there, you pay absolutely no out-of-pocket expenses unless or until we win your case. I don't get paid unless you do. To speak with me and take your first step toward obtaining legal relief, call (508) 969-9505 or contact me online.