Causes of Truck Accidents
Being involved in a motor vehicle accident is a stressful experience, and when massive trucks are involved, the injuries and costs can be substantial. When a careless truck driver or trucking company causes an accident to occur, Massachusetts law allows an accident victim to bring a negligence claim to recover compensation for any injuries or damages that they sustained. At Breakstone, White & Gluck, our Boston truck accident lawyers have represented many clients who have been the victims of accidents caused by negligent truck drivers and trucking companies. We are familiar with the causes of truck accidents and take pride in guiding our clients through each step of the process, from gathering evidence to retaining expert witnesses. If you have been injured in a motor vehicle collision, we are ready to help you fight for your rights.Understanding the Potential Causes of Truck Accidents
The first step to recouping compensation from a careless truck driver or trucking company is to file a negligence action alleging that the driver or trucking company failed to use due care and that this failure was the direct cause of the injuries sustained. In general, all drivers owe other motorists and pedestrians a duty to drive with reasonable care and skill, taking into account any roadway hazards, traffic conditions, weather patterns, and applicable traffic regulations. When it comes to truck accidents, some of the most common causes include basic driving errors like failing to check a blind spot before changing lanes, failing to yield the right of way, driving while under the influence, and driving excessive hours without resting as required by law. In other instances, the accident may result from a mechanical issue with the truck, such as inadequate braking ability. A truck accident can also occur when a driver fails to complete the appropriate training and certification requirements. If the trucking company fails to perform adequate background checks in the hiring process, it can be held liable for negligent hiring.
Also, Massachusetts recognizes a legal doctrine called vicarious liability, which holds an employer liable for careless acts that an employee commits during the course and scope of employment. This means, for example, that if a truck driver fails to secure a load properly, and an accident results from falling debris, the trucking company can also be held liable for negligence. A truck crash lawyer at our firm can assist you with analyzing your situation and determining whether you may have a viable claim.
Once it has been established that the truck driver or trucking company failed to use due care, the injured person must prove that this failure was the direct cause of the injuries that were sustained. This may require you to retain an accident reconstructionist to help explain why the crash occurred because of the defendant’s negligence.
In response, the defendant can offer any evidence indicating that another factor was the substantial cause of the injuries. Examples of potential causes of truck accidents other than the defendant’s negligence include severe weather events and the plaintiff’s own negligence. If the defendant can show that the plaintiff is 51 percent or more at fault for their injuries, the plaintiff, injured person, will be barred from recovering compensation. This rule is an important reason for consulting an attorney soon after an accident occurs. After proving causation, it is necessary to offer documentation supporting the amount of compensation that is claimed as a result of the accident. This includes medical expenses as well as compensation for any lost income and earning capacity, pain and suffering, and property damage.Schedule a Free Consultation with a Boston Attorney
More so than some accidents, truck crashes are sudden, painful, and very disruptive to a victim’s life. At Breakstone, White & Gluck, our dedicated team of truck accident lawyers offers a free consultation to help you learn more about whether you are entitled to compensation from a negligent truck driver or trucking company. We have assisted victims in Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield, and we are available to advise you on your options. Call us now at 1-800-379-1244 or contact us online to set up your appointment.