Are There Special Rules for Commercial Truck Accidents in Massachusetts?
The injuries caused by accidents involving commercial trucks are often severe. Further, there are often several parties who may be considered to be at-fault for such accidents. Accordingly, for victims, the road to recovery can be long and complicated.
Commercial truck accidents in Massachusetts can also involve a unique set of rules and considerations, including federal regulations, the state’s no-fault insurance system, and the statute of limitations. If you suffered a commercial truck accident, then the team at our firm can help navigate the complexities of your case. Furthermore, we will negotiate with other parties so that you may obtain the full range of compensation you deserve.
Seek guidance and support from our experienced Boston truck accident attorneys at the Law Office of John J. Sheehan by calling (617) 315-6822.
Who May Be Liable for a Truck Accident in Massachusetts
Truck accidents can be roadside disasters, and other drivers are often badly hurt. While someone should be held responsible when accidents like this occur, determining who bears the blame is often difficult. Truckers are often at the center of accidents but might not be the only ones liable. Their employers and possibly others might share some degree of liability.
Truckers
A truck driver is the one person standing between other drivers and almost certain destruction, as they are often in the best position to prevent truck crashes and collisions. When truckers are negligent on the road, they may be held responsible for a resulting accident. Considering just how large and complex truck accidents can be, our Massachusetts truck accident lawyers might not fully understand how the trucker was negligent until after a throughout investigation.
A common example of truck driver negligence is driver fatigue. As described in more detail below, truckers must abide by federal regulations regarding how long they may drive and when they must stop to rest. If a trucker violates these regulations, there is a good chance they were overly tired behind the wheel, dozed off, and caused the accident.
Another common example is driving while distracted. Truckers have a lot to keep track of on the road. They obviously must keep their eyes on the road, but they might also be checking in with their employer and their destination. Some drivers might allow themselves to become distracted by their phones, radios, or other devices in the vehicle. In such cases, they may be deemed responsible for a collision.
Truck Companies
When truck accidents happen, truckers are not the only ones who should be questioned. Trucking companies may bear some responsibility, even if they did not directly participate in the crash. One possibility is that a truck company is vicariously liable because their employee (i.e., the trucker) is directly responsible for the accident. Under the legal theory of respondeat superior, an employer may be held vicariously liable for accidents caused by an employee’s negligence as long as that employee was acting within the normal scope of their job.
It is also possible that a truck company or business is responsible for other reasons. Maybe they are more directly liable because their own rules or policies require truckers to drive in violation of federal regulations limiting their time on the road. Your attorney can help you determine whether a truck company may be liable.
Others
Still, other people or parties might be implicated in some way we do not initially realize. Perhaps the trucker was not negligent at all. Maybe they crashed because the brakes on their truck failed. In that case, the manufacturer of the brakes might be held liable for producing faulty truck equipment. Maybe another driver on the road at the time of the accident negligently and dangerously cut off the truck driver. The truck driver might have had to swerve or slam their brakes to try to avoid a collision with the other car, causing the truck to strike other vehicles and drivers. In that case, the first driver who cut off the trucker should be brought to justice.
Suing a Truck Driver for an Accident in Massachusetts
Suing for a truck accident is not the easiest thing in the world. No-fault insurance laws make filing an injury lawsuit for a vehicle accident even more difficult. According to Mass. Gen. Laws Ch. 213 § 6D, drivers in Massachusetts must carry no-fault insurance that covers them without the need to prove fault. However, this coverage might only go so far, and your damages might exceed your policy limits. In that case, you may sue the trucker and their employer, but only under very specific conditions.
Under the law, you may file a lawsuit for your damages if your medical expenses from the accident exceed $2,000. Alternatively, you may sue if your injuries consist of serious and permanent disfigurement, loss of body parts, death, loss of sight or hearing, or a fracture. Truck accidents are often severe, and these injuries are not unusual.
Special Considerations for Victims of Commercial Truck Accidents in Massachusetts
Dealing with the aftermath of a commercial truck accident can be very difficult. Fortunately, our Newton truck accident lawyers can help evaluate the unique set of rules and considerations that may apply to your case.
Federal Regulations for Commercial Trucks
In Massachusetts, commercial truck accidents are subject to specific federal regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA). These regulations cover various aspects of commercial truck operations, including driver qualifications, hours of service, vehicle maintenance, and load securement. It’s essential to understand that these federal regulations play a significant role in determining liability and responsibility in commercial truck accident cases. The team at our firm can investigate the circumstances surrounding your crash to determine whether any of the FMCSA regulations were violated.
No-Fault Insurance System
Massachusetts operates under a no-fault insurance system, which means that after an accident, individuals typically turn to their own insurance coverage for compensation, regardless of fault. However, accident victims with serious injuries may be able to pursue claims against at-fault parties.
Commercial truck accidents have a high propensity to cause severe harm and significant property damage. As a result, you may have the right to step outside of the no-fault system after your truck accident to pursue a personal injury claim against the responsible party. During your free case review, our legal professionals can assess the strength of your potential lawsuit.
Statutes of Limitations
When dealing with commercial truck accidents in Massachusetts, it’s crucial to be aware of the specific statutes of limitations. These are legal time limits that dictate how long you have to file a lawsuit after an accident.
In Massachusetts, the time window to file your truck accident lawsuit is established by Mass. Gen. Laws Ch. 260, § 2A. Typically, you will have three years from the date your crash happened to bring your lawsuit to court. If you wait too long to file, then you may miss your chance to obtain the compensation you are owed.
Despite possibly having up to three years to file your truck accident lawsuit, you should begin building your case immediately after your crash. As time passes, the evidence needed to support your claims may become hard to preserve or collect. The sooner you begin working on your lawsuit, the more efficient your evidence collection process will be.
FMCSA Rules for Commercial Truck Drivers
The FMCSA has established a wide array of commercial trucking regulations that aim to protect truck drivers and other motorists sharing the roadways. The following are merely examples of the many different rules that truck drivers and trucking companies must adhere to:
Hours of Service Regulations
One of the most crucial FMCSA regulations is the Hours of Service (HOS) regulations. These rules restrict the number of consecutive hours a commercial truck driver can operate a vehicle and mandate rest periods. Violations of HOS regulations, such as driving while fatigued or exceeding maximum driving hours, can lead to accidents due to impaired alertness and slower reaction times. Fatigue-related accidents are a significant concern when HOS regulations are not followed.
Driver Qualification Standards
FMCSA mandates specific driver qualification standards that commercial truck drivers must meet. This includes requirements for a valid commercial driver’s license (CDL), medical certifications, and a clean driving record. When trucking companies fail to ensure their drivers meet these qualifications, accidents can occur because of inexperienced or unqualified drivers behind the wheel.
Vehicle Maintenance and Inspection
Commercial truck companies are required to maintain their vehicles in safe operating conditions. Regular inspections and maintenance of brakes, tires, lights, and other crucial components are necessary to prevent accidents. Failure to meet these maintenance requirements can result in accidents caused by equipment failures or malfunctions.
Cargo Securement
Proper cargo securement is essential to maintaining stability and preventing accidents. FMCSA regulations dictate how cargo should be loaded and secured to ensure it doesn’t shift or fall off during transport. Violations of cargo securement regulations can lead to accidents, especially when cargo shifts, causing the truck to become unstable or spill its load on the road.
Drug and Alcohol Testing
FMCSA requires drug and alcohol testing for commercial truck drivers. Drivers who are under the influence can impair their judgment and reaction times, leading to accidents. Trucking companies must have robust testing programs in place to identify and remove drivers who test positive for controlled substances or alcohol.
Electronic Logging Devices (ELDs)
The use of Electronic Logging Devices (ELDs) to record driving hours accurately is another critical regulation. ELDs prevent drivers from manipulating their paper logs, helping to ensure compliance with HOS regulations. Failure to implement ELDs properly can lead to drivers exceeding their allowed driving hours, resulting in fatigue-related accidents.
Speed Limits and Speed Governors
FMCSA regulations also include rules regarding speed limits for commercial trucks and the use of speed governors. Trucks are often limited to specific speed limits, which vary depending on the type of road and location. Violating these speed limits can lead to accidents because of reduced maneuverability and increased stopping distances for large trucks.
Speed governors, which limit a truck’s maximum speed, are also mandated to prevent excessive speeding. Failure to adhere to speed regulations can result in accidents, especially in adverse weather conditions or congested traffic areas.
How Violations of Federal Trucking Regulations May Affect Liability in a Massachusetts Truck Accident Case
Numerous federal regulations and laws exist to keep the trucking industry and our roads and highways as safe as possible. Violations of these rules can lead to legal trouble for trucker and their employers, but they may also be proof of negligence in a truck accident case. In some cases, the fact that an accident is connected to a federal violation may be all that is required to prove liability.
In many cases, accidents could not have happened if the truck driver did not violate federal trucking regulations. In such cases, the trucker may be determined to have committed per se negligence. If this happens, we only need to prove that an accident happened and is directly connected to a certain violation. For example, drinking while driving may be considered per se negligence.
Not all violations are considered per se negligence. However, evidence of these violations may be used as evidence of negligence and strengthen your case. For example, the truck driver’s speed, road conditions, and overall reckless driving habits might be used as evidence against them.
How Your Actions During a Massachusetts Truck Accident Might Affect Liability
When bringing legal claims against negligent truckers, we must consider your own actions and behavior during the accident. It is not uncommon for defendants in truck accident cases to try to turn things around and argue that the plaintiff did something to contribute to the crash to exacerbate their injuries. If these claims have merit, courts may follow Massachusetts’ modified comparative negligence rule.
Under Mass. Gen. Laws Ch. 231 § 85, if the plaintiff is found to have contributed to the accident that caused their damages, their overall damages claim may be diminished according to their share of fault. If you are deemed 25% responsible for your injuries, your overall damages may be reduced by 25%. However, a plaintiff may only share so much of the blame before their case becomes untenable. If a plaintiff is found to be more than 50% responsible for their injuries, they may be barred from recovery.
For example, the trucker might try to argue that you were speeding or driving recklessly when the accident happened, thereby contributing somewhat to the crash. They might instead argue that you chose to forego medical attention, thereby making your injuries worse. To refute these claims, we need evidence of your actions during and after the accident.
Remember, the modified comparative negligence laws only come into play if the defendant makes a credible argument. If they claim you also contributed to the accident or your injuries but offer no evidence to support their claims, the court might not even consider them.
Call Our Truck Accident Lawyers for Help with Your Case in Massachusetts
Get help from our Barnstable, MA truck accident attorneys by calling the Law Office of John J. Sheehan today at (617) 315-6822.