Massachusetts Truck Accident Lawyer

Why truck accidents are different

A loaded tractor-trailer can weigh many times more than a passenger car, and it needs far more distance to stop. When a truck crash happens, the injuries are often severe, and the claim is often more complicated:

Types of trucks involved in crashes

• Tractor-trailers and semi-trucks
• Box trucks and straight trucks
• Delivery vans and package delivery trucks
• Dump trucks, cement mixers and construction vehicles
• Tanker trucks
• Garbage and recycling trucks
• Tow trucks
• City, town and state trucks, including plows

Massachusetts highways such as I-90, I-93, I-95, I-195, I-290, I-495 and Route 24 carry heavy truck traffic, and many crashes also happen on local roads during deliveries.

Common causes of truck accidents

• Driver fatigue. Long hours and tight delivery schedules lead to drowsy driving.
• Speeding and following too closely, especially given a truck’s longer stopping distance.
• Distracted driving, including phone use and dispatch devices.
• Improper loading, such as overloaded, unbalanced or unsecured cargo, which can cause rollovers and spilled loads.
• Poor maintenance, including worn brakes, bad tires and broken lights.
• Wide turns and blind spots, which can trap cars, bicyclists and pedestrians.
• Inadequate training or hiring drivers who are not qualified.
• Impaired driving from alcohol, drugs or certain medications.
• Bad weather and driving too fast for conditions.

Federal and state trucking safety rules

Interstate commercial trucks and drivers are regulated by the Federal Motor Carrier Safety Administration (FMCSA). Massachusetts applies many of the same standards to trucks operating within the state. These rules cover:

A trucking company that pushes drivers past their hours, skips maintenance or hires unqualified drivers may be responsible for the harm that follows.

Who can be responsible?

• The truck driver, for careless or unsafe driving
• The trucking company or motor carrier, for the driver’s conduct on the job and for its own failures in hiring, training, supervision and maintenance
• The owner of the truck or trailer, if different from the carrier
• The shipper or loading company, for improperly loaded cargo
• Maintenance and repair companies, for faulty work
• Manufacturers of defective trucks, tires, brakes or parts

Identifying every responsible party matters, because it can affect how much insurance is available to cover serious injuries.

Evidence in truck accident cases

Evidence in a truck case can include:

• The police report and crash reconstruction
• Electronic logging device data and driver logs
• The truck’s engine control module or “black box” data, such as speed and braking
• Dash camera and other video
• Driver qualification, training and drug testing records
• Inspection and maintenance records
• Dispatch records, delivery schedules and phone records
• Cargo and bill of lading documents
• Photographs of the scene and vehicles
• Witness statements

Some of this evidence can be overwritten or discarded under ordinary retention policies. A preservation letter sent quickly to the trucking company helps protect it.

What to do after a truck accident

1. Call 911 and get medical care. Truck crashes often cause serious injuries, and some are not obvious at first.
2. Call the police and ask for the report number.
3. Get the truck information, including the company name, USDOT number on the door, truck and trailer numbers, and the driver’s information.
4. Photograph the scene, the vehicles, the truck markings, the road and your injuries.
5. Get witness names and phone numbers.
6. File a crash report. Massachusetts generally requires a crash operator report within five days when there is injury, death or property damage over $1,000.
7. Do not give a statement to the trucking company or its insurer before talking with a lawyer. Trucking companies often send their own investigators to the scene quickly.
8. Keep records of medical care, bills, missed work and expenses.

Insurance in truck accident cases

Several types of coverage may apply:

• Your own PIP coverage, which pays medical bills and lost wages up to the policy limit, regardless of fault
• The trucking company’s liability insurance, often with higher limits than an ordinary auto policy
• Additional policies held by trailer owners, shippers or contractors
• Your own uninsured and underinsured motorist coverage, if the truck’s coverage is missing or not enough

Massachusetts insurance law also requires insurers to handle claims fairly and to make reasonable settlement offers once liability is reasonably clear. When an insurer does not, additional remedies may be available under Chapter 93A and Chapter 176D.

Injuries in truck crashes

The size and weight of commercial trucks lead to serious injuries, including:

• Traumatic brain injuries and concussions
• Spinal cord injuries and paralysis
• Broken bones and crush injuries
• Internal injuries
• Burns
• Amputations
• Scarring and disfigurement

When a truck crash is fatal, the family may have a wrongful death claim.

Compensation

A truck accident claim may include:

• Medical expenses, past and future, including surgery, rehabilitation and long-term care
• Lost wages and loss of earning capacity
• Pain and suffering and emotional distress
• Loss of enjoyment of life
• Scarring, disfigurement and permanent disability
• Property damage

Bicyclists and pedestrians

Trucks making wide right turns, backing up or pulling away from the curb are a serious danger to bicyclists and pedestrians, who can be hidden in the truck’s blind spots. Massachusetts law requires drivers to pass bicyclists at a safe distance and to yield to pedestrians in crosswalks. Injured bicyclists and pedestrians can usually claim PIP benefits and bring a claim against the driver and the trucking company.

Common mistakes after a truck crash

• Giving a recorded statement to the trucking company’s insurer or investigator
• Waiting to ask that the truck’s data, logs and video be preserved
• Accepting a quick settlement before the full extent of the injuries is known
• Assuming the driver is the only responsible party
• Missing a notice deadline for a claim involving a public vehicle

Comparative negligence

Trucking companies often argue that the other driver was partly at fault, for example by cutting in front of the truck or driving in a blind spot. Massachusetts follows a modified comparative negligence rule. If you are partly at fault, your damages are reduced by your share of fault, and you cannot recover if you are more than 50 percent at fault. Data from the truck and the scene often answers these arguments.

Deadlines

In most Massachusetts truck accident cases, a lawsuit must be filed within three years of the crash. Claims involving a city, town or state truck require a written presentment to the public employer within two years. Because trucking evidence can be lost quickly, it is best to act early, well before any legal deadline.

The claim process

1. Free consultation. We review how the crash happened, your injuries and the companies involved.
2. Preserving evidence. A preservation letter is sent to the trucking company, and the team gathers reports, photos and video.
3. Investigation. Logs, electronic data, maintenance and driver records are requested and reviewed.
4. Medical documentation. Your records and bills are gathered as treatment continues.
5. Claims and negotiation. Claims are presented to every responsible insurer.
6. Lawsuit, if needed. Truck cases often require a lawsuit, filed in the appropriate state or federal court.

How our co-counsel arrangement works

Botelho Law Group handles truck accident matters through its co-counsel personal injury attorneys. You can ask who will handle your case and how to contact them, so you understand the representation arrangement from the start. There are no attorney’s fees unless money is recovered, and clients do not owe case costs unless there is a recovery. The written fee agreement explains how fees and costs are calculated.

Our team includes fluent Portuguese-speaking and Spanish-speaking staff who work with Attorney Botelho, so you and your family can understand each step in your own language.

Frequently asked questions

Who is responsible for a truck accident?

It may be the driver, the trucking company, the owner of the truck or trailer, the company that loaded the cargo, a maintenance company or a parts manufacturer. Often more than one party shares responsibility.

How is a truck accident different from a car accident?

Truck cases involve federal safety rules, more parties, larger insurance policies and evidence held by the trucking company, such as driver logs and electronic data.

What is a preservation letter?

A letter asking the trucking company to keep evidence, such as logs, data, video and maintenance records, that could otherwise be lost or overwritten.

Can I make a claim if a delivery van hit me?

Yes. Delivery drivers and their companies can be responsible for crashes, and the insurance that applies depends on who employed the driver and who owned the vehicle.

What if a city or town truck hit me?

Claims against public employers require written presentment within two years and have limits on damages. Talk with a lawyer quickly.

How long do I have to file a truck accident claim?

Generally three years from the crash, with shorter notice rules for claims against public employers.

What if I was partly at fault?

You can still recover if you were 50 percent or less at fault, but your damages are reduced by your share of fault.

Should I talk to the trucking company’s insurance adjuster?

You do not have to give a recorded statement. Talk with a lawyer before discussing the crash or your injuries.

What if the truck driver was an independent contractor?

The trucking company may still be responsible under federal rules and its contracts, and other policies may apply. The arrangement between the driver and the company is reviewed early in the case.

How much does it cost to hire a lawyer?

There are no attorney’s fees unless money is recovered, and no case costs unless there is a recovery. The consultation is free.

Do you handle truck accident cases anywhere in Massachusetts?

Yes. Botelho Law Group represents clients across Massachusetts.

Can you help in Portuguese or Spanish?

Yes. Our team includes fluent Portuguese-speaking and Spanish-speaking staff who work with Attorney Botelho.