Braintree, MA Truck Accident Lawyer
Truck accidents might not happen as frequently as car accidents, but the consequences can be much more severe and sometimes fatal. Truck accident victims often need extensive medical treatment, resulting in overwhelming losses.
While truck accident lawsuits are among the most complex of injury cases, our team has extensive experience holding truckers and their employers accountable. Trucking companies and their drivers are held to much higher standards than typical drivers and must observe a host of regulations. These regulations recognize that terrible accidents can occur if these practices are not observed. However, many ignore these rules to gain a competitive advantage. However, you should not be made to pay for the negligent mistakes of another party.
To get your free case review with our truck accident attorneys, call the Law Office of John J. Sheehan at (617) 925-6407.
Regulations that Truckers and Trucking Companies Can Be Held Liable for Violating in Braintree, MA
Recovering compensation from the trucking industry in Braintree requires a thorough understanding of the numerous federal and state regulations that truckers and trucking companies must adhere to. These rules are designed to ensure safety on the road and protect both drivers and pedestrians alike. Non-compliance typically results in an increased risk of accidents. When it does, our truck accident attorneys are ready to help you hold every party accountable. Proving a claim usually requires proving that one or more of the following regulations were violated, leading to the accident:
Driver Qualifications and Hiring Regulations
Trucking companies must adhere to strict regulations when hiring drivers to operate commercial motor vehicles. These regulations are designed to ensure that drivers are qualified and physically capable of operating these vehicles.
To meet these requirements, drivers must possess a valid commercial driver’s license (CDL), which can only be acquired by passing a comprehensive written knowledge test and a skills test. The skills test involves a pre-trip vehicle inspection, a basic controls test, and an on-road driving test to assess the driver’s ability to operate a commercial vehicle safely.
Furthermore, drivers are required to undergo a medical examination by a certified medical examiner listed on the National Registry of Certified Medical Examiners. This examination ensures that the driver is physically qualified to operate a commercial motor vehicle and can safely perform their duties without endangering themselves or others.
Background checks are also a crucial part of the hiring process. Trucking companies must review the driver’s driving record and criminal history to ensure that they meet the necessary qualifications and are safe to operate a commercial motor vehicle. Non-compliance with these regulations can result in severe consequences for trucking companies, for which they can be held liable in a lawsuit.
Truck Inspections
Commercial trucks play a vital role in the economy, transporting goods and services across the country. However, as these vehicles are subjected to long hours on the road, they are highly susceptible to wear and tear. To ensure that these vehicles are safe to operate and comply with regulations, state laws mandate regular inspections of commercial trucks for which the trucking company is responsible.
The primary objective of these inspections is to verify that all essential vehicle components, such as brakes, steering mechanisms, lighting devices, tires, and other critical systems, are in good working order. By identifying and addressing potential issues early, companies can avoid costly downtime and ensure their vehicles are safe to operate.
Non-compliance with these inspection requirements can result in severe accidents. Our team can review the trucking company’s records to determine if inspections were missed or if reports were “rubberstamped.” Truck inspection is a serious responsibility and one that trucking companies and their drivers cannot delegate to another party.
Operation Guidelines
Trucker drivers are also required to comply with a set of specific regulations while operating their vehicles on the road. These regulations include restrictions on the number of hours they can drive to prevent driver fatigue. According to the Federal Motor Carrier Safety Administration (FMCSA), truck drivers can drive for up to 11 hours after ten consecutive hours off duty. Drivers are also required to keep detailed logs of their driving time, which can be requested in a lawsuit.
In addition to the restrictions on driving hours, trucks are also subject to weight limitations. Overloading a truck can lead to hefty fines and an increased risk of accidents because of difficulties in steering and braking. Truck drivers are responsible for ensuring that their vehicles are not overloaded and that they comply with state and federal weight restrictions.
Other operational rules that truckers must follow include mandatory break periods, adherence to speed limits, and the use of safety belts. The FMCSA requires that drivers take a 30-minute break after driving for eight hours. This break can be taken in the sleeper berth or off-duty, but it must be taken before the driver reaches eight hours of driving time. Also, speed limits for trucks are typically lower than those for cars, and truck drivers must obey these limits to avoid potentially deadly accidents.
Damages You Can Recover in a Braintree, MA Truck Accident Lawsuit
Both economic damages and non-economic damages play a crucial role in ensuring that you are adequately compensated for your losses. Economic damages are quantifiable losses that you have incurred as a result of the truck accident. They aim to compensate you for your out-of-pocket expenses related to the accident.
One of the primary components of economic damages is medical expenses. These include costs for emergency room visits, hospital stays, surgeries, medications, physical therapy, and any future medical care you might require. Given the severity of injuries that can result from truck accidents, these costs can be substantial.
Another key aspect of economic damages is lost wages. If your injuries prevent you from working, either temporarily or permanently, you might be compensated for the income you have lost during your recovery period. If your injuries affect your ability to earn in the future, you might also be entitled to compensation for loss of earning capacity.
Additionally, if the truck accident resulted in property damage, such as damage to your vehicle, you could be compensated for the repair or replacement costs. Other economic damages might include out-of-pocket expenses, such as travel costs for medical appointments or costs for hiring help for household chores or childcare if your injuries prevent you from performing them.
Non-economic damages, on the other hand, are intended to compensate you for non-monetary losses that are harder to quantify. They are subjective and vary significantly from case to case, depending on the severity of the injuries and the impact on the victim’s life.
“Pain and suffering” is one of the most common types of non-economic damages. It accounts for the physical pain and emotional distress you have experienced as a result of the accident. This can include anxiety, depression, loss of enjoyment of life, and other psychological effects.
Our Braintree, MA Truck Accident Lawyers Can Help
Reach out to the Law Office of John J. Sheehan at (617) 925-6407 for a free evaluation of your case with our truck accident attorneys.
