Although any type of motor vehicle collision is a stressful and painful experience for a victim, truck accidents are often particularly devastating. These heavy vehicles can cause serious damage and injuries if the driver fails to operate the vehicle safely. Apart from safe operation, truck drivers and trucking companies have a duty to ensure that they do not overload their trucks. They must also ensure that the trucks comply with certain weight limitations. Some truck drivers and trucking companies overload their vehicles to try and deliver more cargo with each load. However, this puts other motorists and pedestrians at risk of suffering serious and life-altering injuries. At Breakstone, White & Gluck, our Boston truck accident lawyers have handled many cases involving overweight or overloaded trucks. We are standing by to assist you with your needs.Bring a Personal Injury Claim Following a Devastating Truck Crash
There are many factors to consider after an accident involving an overweight or overloaded truck. A key consideration is determining whether you have a cause of action against the driver and their trucking company. Massachusetts recognizes a doctrine called vicarious liability. This theory allows plaintiffs to hold an employer liable for any negligent acts that an employee commits in the course and scope of their employment.
If you can show that the driver or other employees of the trucking company were responsible for overloading the truck, liability may fall on the trucking company directly. To hold either the driver or the trucking company liable, you need to show that the defendant did not use the appropriate level of care in loading, inspecting, or operating the truck. In general, truck drivers and trucking companies are required to act with the same care and skill that a prudent truck driver or trucking company would use.
This includes following all applicable traffic laws and trucking regulations. Since trucks can be so dangerous, there are many state and federal regulations that apply to how the trucks can be loaded. Other regulations impose limits on how much the trucks can weigh. If you can establish that the truck driver or trucking company violated a traffic law or trucking regulation, this can be used as evidence to help prove that either or both of them acted negligently. A trucking accident lawyer can assist you with determining whether any violations occurred before the crash.
After showing that the truck driver or trucking company did not use due care, you must show that this failure was the cause of the injuries that you sustained. This element is known as causation. There are many causes of truck accidents. If a driver fails to follow the speed limit, for example, the vehicle may take longer to stop than they anticipated, resulting in a rear-end collision. This is particularly true when the truck is over the weight allowed by law and when there is any issue with the brakes or the driver’s skill in using them. Another common cause of overweight or overloaded truck accidents is when a driver makes a sharp turn. This can cause the cargo to shift, or the excessive weight of the vehicle may cause it to tip over. If the truck is an open bed truck, falling debris may cause nearby motorists to crash.
After establishing causation, the last step of your personal injury lawsuit involves determining the amount of compensation that you are able to receive. During this phase, the plaintiff can submit medical bills, lost wages, and other expenses associated with the crash. In cases involving severe injuries like brain or spinal cord damage, the plaintiff can offer evidence to support the amount of ongoing future medical care that they will need.Meet with a Tenacious Truck Accident Lawyer in Boston
Knowing which steps to take after you have been injured in a truck accident can be difficult to determine. This is particularly true if you are also coping with painful injuries and potentially life-altering physical disabilities. At Breakstone, White & Gluck, our attorneys have counseled many Massachusetts residents regarding their right to compensation. We assist our clients with all of the phases of the litigation, including investigating their claim, gathering evidence, and negotiating with insurance companies. Our team serves victims in Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield. To schedule a free consultation with an attorney, call us now at 1-800-379-1244 or contact us online.