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Have you been injured in a truck accident? You may be entitled to compensation. Contact the Cutler & Associates to find out your options.
In a split second, your life could dramatically change during a routine commute to work or a trip to the grocery store. Following a collision with a semi-truck, you may find yourself navigating physical therapy, frequent doctor visits, time away from work, mounting medical expenses, stress, and various other challenges. Though nothing can turn back the hands of time, a Boston truck accident lawyer can help you get financial compensation if another party is responsible for the accident. Contact Cutler & Associates today to consult with a seasoned attorney and pursue the compensation you deserve.
Truck accidents may involve a variety of large commercial vehicles, typically referred to as big rigs, tractor-trailers, semi-trucks, and 18-wheelers. Trucks are bigger and heavier than most other cars on the road, so these accidents typically cause extensive damage as well as injuries and unfortunately, even death. While car accidents can also be quite dangerous and destructive, truck accidents are usually even worse.
On top of that, truck accidents typically involve a more complex personal injury lawsuit because there may be more than one negligent party involved, ranging from the driver, the truck company, or even the truck manufacturer. There may also be more than one insurance company involved, further complicating the issue. This is why it is so important to seek the help of a Boston truck accident lawyer if you’ve been injured.
Here are some more ways in which truck accidents differ from car accidents:
Did you know that nearly 19,515 people died in truck crashes in the United States during the first half of 2023 alone? Tens of thousands more got injured in ways that significantly altered their way of life.
These massive trucks are critical to our economy; however, passenger vehicles and the individuals inside them don’t stand much of a chance against them in a collision.
To illustrate this, a semi-truck may weigh as much as 80,000 pounds when it has a full load. According to the Environmental Protection Agency (EPA), the average weight of a passenger car is 4,094 pounds. Needless to say, truck accidents in the United States are a serious concern, often resulting in devastating consequences.
According to the National Highway Traffic Safety Administration (NHTSA), in 2019, there were 4,119 fatalities in crashes involving large trucks. This highlights the importance of promoting road safety measures and regulations to prevent such accidents.
One common cause of truck accidents is driver fatigue, as many truck drivers work long hours on the road without adequate rest. The Federal Motor Carrier Safety Administration (FMCSA) has implemented regulations to address this issue, such as limiting the number of consecutive hours a driver can be on the road.
Additionally, factors like speeding, distracted driving, and poor vehicle maintenance can also contribute to truck accidents. It's crucial for trucking companies and drivers to prioritize safety and adhere to all regulations to reduce the risk of accidents.
To stay informed about truck accident statistics and trends, you can visit the FMCSA's website for data and reports on truck safety. By understanding the causes and implications of truck accidents, we can work towards creating a safer environment for all road users.
Like in any other state, motor vehicle accidents in Massachusetts can happen on various roads, highways, and intersections. Some areas may have higher accident rates due to heavy traffic, poor road conditions, complex intersections, or inadequate signage. Common highways where accidents may occur include:
Intersections in urban areas or along major thoroughfares are often sites of accidents. These intersections may include:
The Massachusetts Department of Transportation (MassDOT) has an interactive map which displays the locations with the highest number of crashes. The map can be useful in identifying areas where truck accidents happen most frequently.
Boston is a central distribution hub for goods in the northeastern United States. Its strategic location along the East Coast and proximity to major ports like the Port of Boston and Port of New York/New Jersey makes it a key entry point for goods coming into the region.
Truck traffic is only increasing over time in Boston and surrounding areas, which means more opportunities for truck crashes. However, there is also the opportunity to learn the root causes of these accidents so we can take measures to prevent them whenever possible. Here are some of the most common causes of Boston truck accidents:
Truck drivers sometimes become fatigued due to tight deadlines, demanding schedules, and long work hours. When truck drivers are exhausted, their ability to respond quickly to changing weather conditions and road hazards diminishes, increasing the likelihood of accidents.
To address this issue, the Federal Motor Carrier Safety Administration (FMCSA) established the Hours of Service (HOS) regulations to restrict the number of hours which commercial truck drivers can work. According to these rules, a trucker can operate under the following schedule: Drive for up to 11 hours after a 10-hour rest period, take a 30-minute break after 8 hours of driving, and work a maximum of 60 or 70 hours over a span of seven or eight days.
Big trucks that are overloaded pose a significant crash risk. The extra weight makes it harder for the truck to steer, stop, and stay stable. Rollovers, tire blowouts, and other dangerous accidents happen more often in trucks which are loaded too heavy or loaded incorrectly.
Commercial rigs have to follow weight limits set by the FMCSA. Massachusetts law sets heavy trucks' weight, height, and length limits. The weight restrictions vary based on the route and vehicle type. These rules aim to lower the risk of truck crashes caused by overloads.
For commercial trucks to operate without any issues, trucking companies must keep up with proper maintenance. If the equipment is not well-maintained, it may break down due to blown-out tires, brake problems, and other issues. Laws at the federal and state levels require freight carriers to do regular repair checks.
Distracted driving is bad for everyone on the road. Truck drivers are just as guilty of this behavior as other motorists. Truck drivers' distractions include texting, chatting on smartphones, browsing on the Internet, and adjusting GPS systems.
The FMCSA prohibits texting or using a handheld mobile phone while operating a commercial vehicle. If motor carriers break these regulations, drivers can be fined up to $2,750 and employers up to $11,000. Despite the agency's preventative efforts, distracted driving still causes commercial truck accidents.
It's hazardous and illegal to drive while under the influence of drugs or alcohol, and the results are often fatal. This situation is especially true when heavy trucks are involved in an accident. Intoxicated truckers cause more accidents due to impaired reactions, poor decision-making, and loss of control.
The FMCSA has put in place zero-tolerance policies and random tests. Still, accidents involving drunk drivers continue to happen, which shows how important it is to keep cracking down on this dangerous behavior.
Truck drivers need to undergo special training to drive big commercial vehicles properly. Driver errors can happen when drivers lack adequate knowledge or training to tackle maneuvers like making wide turns. Trucking firms could be held responsible for putting new drivers on the road without proper training.
Understanding the different types of truck accidents is crucial for enhancing road safety and preventing serious injuries and fatalities. These types of truck crashes happen on our roads more often than any others:
When a semi-truck flips onto its side or roof, it's referred to as a rollover truck accident. This often causes more car accidents, because the truck's cargo may spill onto the road, creating obstructions. Some of the factors which can lead to this type of truck accident are:
A semi-truck is also more likely to flip over if the goods aren't loaded or secured properly. This change in the truck's center of gravity makes it more likely to roll over.
When trucks hit other cars from behind, it is referred to as a rear-end crash. These accidents can cause severe harm to people in smaller passenger vehicles. Some common reasons for these collisions include:
The National Highway Traffic Safety Administration (NHTSA) reports that heavy trucks are four times more likely to cause a rear-end accident than a smaller vehicle.
When a small car slides under a big industrial truck, it is called an underride collision. People can get severely injured in these types of accidents, including head and neck injuries, spinal cord injuries, and brain injuries. Underride accidents have a number of causes, such as
A tire blowout occurs when a truck tire suddenly tears, causing the truck driver to lose control of the vehicle. This can cause major destruction on highways. Tires burst when they are not maintained properly, so the liable party in a truck accident case involving a tire blowout may be the trucking company that failed to maintain the truck’s tires.
These accidents occur when the vehicle's cab and trailer fold in on each other, resembling the action of a jackknife. The consequences of jackknife accidents can be devastating, leading to severe injuries or fatalities for both the occupants of the vehicle and other road users. Factors contributing to jackknife accidents include slippery road conditions, sudden braking, or improper loading of cargo. It is crucial for drivers of large vehicles to exercise caution and maintain control to prevent these dangerous incidents on the road.
Many people face serious injuries in tractor-trailer crashes. Over the years, we have represented many truck accident victims, and the same types of injuries tend to show up on a regular basis in these situations. People who have been in these accidents often experience the following injuries:
Fractures are a common type of injury in truck crashes. There are different types of bone fractures, ranging from simple to complex. Truck crashes can cause injuries to your arms, legs, hips, spine, and more.
The Cleveland Clinic says it takes six to eight weeks for a clean break to heal, but severe cases and complex breaks often require surgical intervention and a much longer recovery period. This could lead to costly medical bills, physical therapy, and a long time off work, resulting in lost wages.
Burn injuries resulting from truck accidents can be devastating and life-changing. The high impact and potential fuel leaks in a truck collision can lead to explosions and fires, causing severe burns to those involved. These injuries can range from first-degree burns affecting the outer layer of skin to third-degree burns which penetrate through all layers of skin and underlying tissues. Burn injuries can result in excruciating pain, scarring, disfigurement, and long-term physical and emotional trauma for the victims. Immediate medical attention is crucial to minimize the damage and improve the chances of recovery for those affected by burn injuries in truck accidents.
The powerful force of a truck crash can cause significant damage to the spine, leading to compression on nearby nerves. A slipped disk is a prevalent issue among individuals who have sustained a spinal cord injury. Common symptoms of this condition include severe back pain, numbness or tingling in the limbs, and muscle weakness.
Serious spinal cord injuries (SCIs) can leave a person partially or completely paralyzed. People who have SCIs often need long-term rehab and care.
Traumatic brain injuries occur when the brain is damaged due to a hard blow to the head. TBIs can lead to mild concussions or major problems which last for a long time. The following are some signs that you may be dealing with a brain injury:
TBIs can leave people permanently disabled, requiring long-term care and therapy. The American Association of Neurological Surgeons says that automobile accidents, including truck accidents, are responsible for at least 17% of TBIs.
Whiplash results from the quick, violent back-and-forth jerking of the neck which can happen in a truck accident. Should you suffer from whiplash, you might experience pain, stiffness, limited movement in your neck, headaches, dizziness, and trouble thinking.
Many people who get whiplash get better in a few weeks or months. Some people may have symptoms that don't go away, making it hard for them to do normal activities.
If you or someone you know is injured in a Boston truck accident, seek legal help. Get in touch with Cutler & Associates right now, and we'll schedule a free case review so you can determine your best path forward.
Truck crashes can cause both physical and psychological injuries to people. While physical injuries are visibly evident, mental injuries can be equally severe and long-lasting. Injury victims may experience emotional anguish due to physical limitations, pain, and trauma. After a truck crash, the following could happen:
After being injured in a truck accident, mental health is almost always impacted. Some daily chores, like cooking, spending time with family and friends, or going to work, can be hard to do after a crash. This can lead to feelings of depression, hopelessness, and frustration which are incredibly pervasive and debilitating.
If you’ve suffered injuries in a Boston truck accident, the best thing you can do right now is to reach out to our team here at the Cutler Law Firm. We have helped countless accident victims get their lives back on track by holding negligent parties accountable and making sure you get the financial compensation you need to pay for specialized medical care, lost wages, and more.
You will most likely have to deal with an insurance company, and sometimes more than one, after being injured in a truck accident in Boston. This is because the liable party is likely covered by an insurance company that will be responsible for paying for your damages. While insurance is a wonderful tool in our society to take care of injured parties, the reality is that insurance adjusters are trained to be more concerned about their corporation’s profit margins than about your health. They will attempt to settle your claim for as little as possible or deny your claim entirely if they think they can get away with it.
This is another reason why it is in your best interest to reach out to a Boston truck accident lawyer before speaking to any insurance adjusters. They will use anything you say against you to reduce your payout whenever possible. Here are some things you should not say:
Anyone who gets injured in a truck crash should meet with a Boston truck accident lawyer before speaking to any insurance adjusters. If you retain an attorney, they can speak on your behalf, freeing you up to focus on your recovery.
In truck crashes, often more than just the driver will be held responsible. Among them are:
Serious truck accidents cause immense pain for victims and their loved ones. Serious accidents, damage to property, mental pain, and stress over money rule their lives. Lawsuits are legal means to obtain monetary compensation. The liable parties should be held accountable not only to make the injury victims monetarily whole again, but also to deter future bad behavior when possible.
Step one after being in a Boston truck accident should always be to get medical care, even if you think you aren’t badly injured. Adrenaline can mask pain, making you think that you aren’t hurt in the days following the accident. However, if you do not get immediate medical treatment, it will be more difficult to link the accident to your injuries, putting a potential compensation claim in jeopardy.
A Boston truck accident attorney will help you through the process, decide if your case has merit, and talk to you about approximately how much money you may be able to obtain.
A lawyer can also help you figure out who caused the accident, like the truck driver, the trucking company, or the company that made the equipment so you will know who to pursue in a personal injury lawsuit.
Your Boston truck accident attorney will investigate the accident thoroughly and other relevant details. This evidence could include:
Before filing a case, your truck accident lawyer will send a demand letter to the insurance company of the person who caused the accident. This document discusses your claim for damages resulting from the truck accident and the compensation you are seeking. This often results in a settlement agreement before you ever have to file a lawsuit.
Your truck accident lawyer will file a formal complaint with the local court if a settlement deal isn't reached after the initial demand. This document will officially begin the process of a lawsuit. A copy will be served to the defendants named in the lawsuit so they have the opportunity to respond.
Both sides of the truck crash case share information and supporting documents during the discovery of your Boston truck accident lawsuit. They may request the following:
One side can file motions before the trial begins. These motions might talk about the need for expert witnesses, whether the evidence can be used, or other problems with how the case is run. During this process, the opposing lawyers may talk about settlements. Truck accident cases are often settled outside of court due to their high cost, lengthy duration, and unpredictability.
If all efforts to settle have been exhausted without a resolution, your Boston truck accident lawyer will represent you at trial. They will argue your case in front of a judge and/or jury. Each side will make an opening speech, question witnesses, and end their case with a closing argument. The judge or jury will decide after evaluating all the evidence and arguments. If you win, they will determine how much money you will receive. Trials can be risky because you never know what a jury might do. It is usually better for both sides to settle before trial if at all possible, however not for less than what your case is worth.
Following the truck accident trial, either party can make post-trial motions, such as requesting a new trial or asking the judge to review the outcome. There is also an appeals court that the losing side can go to if they think there were legal mistakes made during the hearing. The claims process can sometimes prolong a case for months or even years.
Negligence occurs when someone fails to exercise reasonable caution in a given circumstance and causes injury. It is a foundational concept in personal injury law. There are generally four elements to establishing negligence, and they are outlined below.
The duty of care in a truck accident case requires that the truck be driven safely, following all road rules and laws. The truck driver, the trucking company, or anyone else in charge of the truck could be held responsible if they fail to meet their duty of care.
For example, if a truck driver was speeding at the time of the accident, the driver was not upholding his duty of care.
A breach of duty occurs when the defendant's actions or inactions do not meet the standard duty of care required in a particular situation.
For example, truck drivers fail in their duty of care when they don't follow speed limits, drive while drunk, or text while driving. When a trucking company lets an inexperienced driver drive the truck or doesn't keep the brakes in good shape, it's breaching the duty of care.
The link between the defendant's breach of duty and the plaintiff's damage is called causation. You need to show that the defendant directly caused your damage to prove causation.
For instance, if an intoxicated truck driver caused an accident that injured the plaintiff's spinal cord, that is clear causation.
You must be able to show actual damages from the accident. Damages from a truck accident could include damage to property, pain and suffering, lost wages, medical bills, and mental pain. To show your damages, you will need things like:
You must be able to show all four elements to prove negligence in a truck crash case. To do this, you will need to gather proof, talk to witnesses, and build a strong case with the help of an experienced Boston truck accident lawyer.
Comparative negligence is the idea that more than one person is to blame for a personal injury. As a result of comparative negligence laws in Massachusetts, each party's degree of fault would be assessed. If the at fault party is 51% or more at fault, you can still recover damages. Let's say the court determines that the passenger vehicle driver is 30% at fault for the accident while the truck driver is 70% at fault.
If the total damages awarded to the passenger vehicle driver in the case amount to $100,000, that amount would be reduced by their percentage of fault. Therefore, the passenger vehicle driver would receive $70,000 ($100,000 - 30% = $70,000).
When someone is hurt in a truck crash, there are two main types of compensation you may be able to obtain: economic and non-economic.
It's difficult to express non-monetary losses in terms of money, but there are tried and true methods that attorneys and judges use to calculate compensation for non-economic losses. Some examples of this type of compensation are as follows:
The money you've lost because of the collision is called economic damages and is much more straightforward to calculate. Some of the most common types of economic damages are:
Give us a call at Cutler & Associates to schedule your free consultation. Let us handle all of the hard work in ensuring you get fair compensation while you focus on your recovery.
Hiring a lawyer is wise when faced with injuries from a truck accident. You are far more likely to get paid fair compensation when being represented by an attorney. In fact, studies show that even after your legal fees are paid, you will still come out ahead versus trying to tackle such a case without legal representation. Here are some of what makes a truck accident lawyer invaluable:
Do you need to hire a lawyer for your Boston truck accident claim? The answer is yes, if you were injured, and you want to get the justice and money you deserve.
After a truck accident, you may feel lost and stressed as you deal with your injuries, finances, and the complicated legal system.
Going through the court system alone can be too much to handle, and you might end up with an unfair settlement or even more stress. Dealing with pushy insurance companies without legal representation can make your situation even more stressful.
Cutler & Associates can lift your burden. Our team of Boston truck accident lawyers is known for being tough in court and developing creative legal strategies. We are proud to fight for your voice to be heard. We aim to resolve your case with minimal time, expenses, and anxiety.
Our team has provided legal assistance to thousands of clients for over 40 years, with over 7,500 cases handled, and millions of dollars obtained for our clients, delivering results and renewed hope.
Have you or someone you care about been in a Boston truck accident? We at Cutler & Associates are here to help. Call us at (617) 542-5000 or (800) 600-4000 right now to schedule your free consultation.
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