With Quincy being one of the larger cities in Massachusetts and right outside of Boston, along with its easy access to the state’s major highways, many commercial trucks travel through the city on a daily basis. Due to their size and weight, accidents involving commercial trucks are among the most dangerous traffic accidents. Victims in truck accidents often suffer catastrophic injuries. In the most serious commercial truck accidents, the injuries can often be fatal.
In addition to the emotional trauma, a truck accident can leave you with serious long-term, even permanent physical injuries and limitations. The physical injuries and emotional damage can destroy your life, leaving you with huge medical bills and other unexpected expenses while unable to ever work again.
While you can sue the at-fault party for damages, the personal injury claims process involving a truck accident with a commercial trucker can get complicated. Generally, truck companies are vicariously liable for their truck drivers’ acts of negligence meaning your claim will usually be against the trucking company and their insurance carrier, not an individual and their insurance. Factors, including the potential for multiple defendants, can complicate your personal injury claim.
If you or a loved one is a victim of a Quincy truck accident, we are here for you. Our Quincy truck accident lawyers at Riccio Law are committed to helping you recover compensation for injuries. We will lead you through the complex claims process while protecting your rights and understanding the desire to move on with life after a serious accident.
While the law requires commercial truck drivers to comply with the same traffic rules and regulations as other motorists, truck drivers are subject to even stricter rules and regulations under Section 49 C.F.R. §§ 350-399 of The Federal Motor Carrier Safety Administration (FMCSA). The FMCSA requires extensive training and special licensing for all commercial truck drivers, and limits the number of consecutive hours a truck driver can operate a truck. The Massachusetts Department of Safety has effectively adopted §§ 382-384 and 390-399 of the FMCSA.
The law holds trucking companies vicariously liable for their employee’s negligence on the road when acting in the course of his or her employment. To avoid excessive insurance costs and legal expenses, most truck companies have strict hiring policies for their drivers. Despite the regulations and safety policies in place, truck accidents still happen.
Due to a commercial truck’s large size, occupants in the other vehicle are much more likely to sustain serious, even fatal injuries. Commercial trucks can present similar dangers to cyclists and pedestrians, as well. Some of the catastrophic injuries that victims of truck accidents are likely to sustain include: · Spinal cord injuries, including neck & back injuries · Sprains and broken bones · Amputations · Torn ligaments & muscle tears · Brain and other traumatic head injuries
Some of the leading causes of Massachusetts truck accidents include negligent driving, driving under the influence, tired truck drivers, poorly maintained trucks, improper loading, defective trucking products, as well as bad weather and road conditions.
Negligent operation is defined as driving in any way that could endanger the lives and safety of others, including speeding, distracted driving, tailgating, failing to obey traffic lights, and failing to use turn signals. Truck companies put pressure on drivers to make deliveries as quickly as possible in an attempt to keep expenses low, which often results in negligent driving by truck drivers thereby putting other vehicles on the road in dangerous situations. Distracted driving, including talking or texting on a cell phone or eating/drinking while driving, is an increasing concern for all motorists on the road. While commercial truck drivers are subject to additional rules and regulations as compared to other drivers, distracted driving by truck drivers is particularly dangerous due to the size and weight of trucks. While society likes to think truck drivers never drive under the influence of alcohol or drugs, some do. To offset the effects of working long hours and the pressure of making deliveries on time, many truck drivers use stimulants and illegal substances, including alcohol, adderall, and cocaine. Truck drivers operating under the influence of alcohol or drugs only increases the dangers associated with impaired driving due to the size of commercial trucks.
Even though federal law requires trucking companies to inspect, repair and maintain their vehicles, too many trucks are poorly maintained. Consequently, poorly maintained trucks pose increased risks to other motorists on the road, not only while being driven but when pulled over in the breakdown lane because of mechanical issues. The large size of commercial trucks limits space on the road for other vehicles, particularly when disabled in the breakdown lane, increasing the risk of serious commercial truck accidents.
Despite the federal loading guidelines, overloading and improper loading happens in the trucking industry. Overloading makes it more difficult to brake, negotiate safe turns, and come to emergency stops thereby increasing the likelihood of an accident, including rollovers and serious crashes.
Mechanical and operational issues resulting from defective products and parts can increase the likelihood of an accident. From faulty brakes to malfunctioning steering wheels, defective truck products and parts have the potential of causing serious truck accidents
With the four seasons in New England, Massachusetts is prone to bad weather and rapidly changing conditions, including heavy rain, snow and ice, and fog that may impede a truck driver’s visibility and ability to safely operate their truck. Poorly maintained streets and highways, with potholes and barely visible lanes also make the roads more dangerous for truck drivers and other motorists on the road with them.
As a plaintiff in a truck accident, the law requires you to prove the following:
If you or a loved one has been injured in a truck accident but are confused about your rights and the legal process, our lawyers at Riccio Law will explain everything to you in simple terms to help you gain an understanding of your case and the laws surrounding a personal injury claim resulting from a truck accident. We will guide you through the process while helping you get the compensation you need and deserve. Contact our offices today to schedule a free consultation and learn more about our services.
