After a serious truck crash, you need advocates who understand the stakes and are committed to pursuing your claim effectively. Our firm focuses on helping individuals impacted by trucking negligence across Massachusetts.

Dedicated Advocacy

When you work with Brooks Law Firm, you gain a team committed to your best interests. We understand the physical, emotional, and financial toll a serious truck accident takes. Our goal is to shoulder the legal burdens, allowing you to focus on healing. 

We pursue fair compensation tenaciously, preparing every case thoroughly to achieve a just resolution for victims injured by a negligent Massachusetts truck crash.

We Know Trucking Laws

Truck accident claims involve a complex web of state and federal regulations. The Federal Motor Carrier Safety Administration (FMCSA) imposes strict rules on drivers and trucking companies regarding hours of service, vehicle maintenance, driver qualifications, and cargo securement.

Violations of these rules often contribute to accidents. 

Our team understands these regulations and how they apply to Massachusetts accidents. We investigate potential violations thoroughly to build a strong case for liability against negligent drivers and trucking companies. 

Local Representation Serving Medford and Beyond

Brooks Law Firm is rooted in Massachusetts, with our office in Medford. We proudly serve clients throughout the Commonwealth, including the Greater Boston area, Worcester, Springfield, and communities statewide. 

Being local means we understand the specific state laws governing your claim, have experience navigating the Massachusetts court system, and are familiar with the tactics used by insurance companies operating here. 

Our local insight benefits our clients as we pursue their claims. When searching for a local truck accident lawyer in Massachusetts, proximity and state-specific knowledge matter.

Compassionate Support, Determined Results

We combine genuine compassion for our clients’ circumstances with a determined approach to securing results. We provide supportive guidance throughout the legal process, ensuring you understand your options and feel heard. 

Simultaneously, we’re relentless advocates in negotiations and, when necessary, in court. We aim to achieve the best possible outcome for your claim, fighting for the full compensation you deserve after being harmed by another’s negligence.

Facing the aftermath of a truck accident feels overwhelming. Insurance adjusters may contact you quickly, often seeking statements that could undermine your claim later. 

A lawyer is your shield and advocate, handling the complex legal tasks required to pursue fair compensation. Their involvement allows you to concentrate on your recovery while they manage the intricacies of your case. If you are searching for legal help after a Massachusetts truck accident, having an experienced attorney by your side can make a critical difference in the outcome of your claim.

Here’s how a Massachusetts truck accident lawyer at Brooks Law Firm can assist you.

Investigating the Truck Collision

A successful claim hinges on solid evidence. Our lawyers will conduct a detailed investigation into the circumstances of the crash. This goes far beyond just reviewing the police report. 

It involves:

• Obtaining and analyzing the official accident report
• Identifying and interviewing witnesses to gather firsthand accounts
• Securing photographs and video footage from the accident scene, traffic cameras, or dashcams
• Sending preservation letters to the trucking company to prevent the destruction of crucial evidence like driver logs, maintenance records, and electronic control module (ECM) or “black box” data
• Investigating the driver’s history and the trucking company

This thorough investigation builds the foundation for proving negligence.

Identifying All Liable Parties

In many truck accidents, liability extends beyond the truck driver. An attorney works to identify every potentially liable party to maximize your sources of compensation. 

These parties might include:

• The truck driver
• The trucking company or owner
• The loading company
• A third-party maintenance
• The manufacturer of the truck or its parts

Calculating the Full Scope of Your Damages

Truck accidents often cause severe, life-altering injuries with long-term consequences. Calculating the true cost requires looking beyond immediate medical bills. 

A lawyer helps quantify the full range of your losses, which may include:

• Medical Expenses: You may recover compensation for all past, present, and anticipated future medical costs stemming from the accident, including hospital stays, surgeries, therapy, medications, and necessary assistive devices or in-home care.
• Lost Income: Compensation can cover the wages and income you lost because the injuries prevented you from working during your recovery period.
• Reduced Earning Capacity: If your injuries permanently affect your ability to earn income at the same level as before the accident, you might receive compensation for this loss of future earning potential.
• Modification Costs: You may seek recovery for the necessary expenses involved in modifying your home or vehicle to accommodate any resulting disabilities.
• Property Damage: Compensation typically includes repairing or replacing your vehicle and any other personal property damaged in the truck crash.
• Pain and Suffering: You may receive damages reflecting your physical pain, discomfort, and emotional distress.
• Loss of Enjoyment: Compensation might acknowledge how the injuries negatively impact your ability to engage in hobbies, activities, and daily life pursuits you previously enjoyed.

Handling Communications With Insurance Companies

Shortly after an accident, you’ll likely hear from insurance adjusters representing the trucking company. Their goal is to minimize the amount their company pays. 

They may try to get you to give a recorded statement, sign broad medical authorizations, or accept a quick, low settlement offer before you understand the full extent of your injuries and losses. 

A Massachusetts truck crash lawyer takes over all communication with insurance companies. They protect you from saying anything that could harm your claim and handle negotiations professionally, armed with evidence and a clear understanding of your case’s value.

Pursuing Fair Compensation Through Negotiation or Litigation

Your lawyer will present the evidence of liability and damages to the insurance company and negotiate forcefully on your behalf. They’ll leverage their knowledge of Massachusetts law and similar case outcomes to argue for maximum compensation. 

If the insurance company refuses to offer a fair settlement covering your losses, your Massachusetts truck accident attorney can file a lawsuit and take your case to trial. They’ll represent you through every stage of litigation, advocating for your rights before a judge and jury if necessary.

Proving fault is central to any successful truck accident claim in Massachusetts. Since multiple factors and parties might be involved, determining liability can be more complex than in a standard car crash. 

Establishing negligence requires showing that another party owed you a duty of care, breached that duty through careless actions or inaction, and that this breach directly caused your injuries and damages.

Proving Driver Negligence

Truck drivers, like all motorists, have a duty to operate their vehicles safely. Common forms of driver negligence leading to accidents include:

• Speeding or driving too fast for conditions
• Distracted driving 
• Driving under the influence of alcohol or drugs 
• Fatigue from violating federal hours-of-service rules designed to prevent tired driving
• Following too closely (tailgating)
• Making improper lane changes or turns
• Failing to yield the right-of-way

A Massachusetts semi-truck accident attorney uses evidence such as driver logs, witness statements, black box data, and police reports to demonstrate that driver error contributed to the collision.

Trucking Company Accountability

Motor carriers (trucking companies) have significant responsibilities under state and federal law. They may be held liable for their own negligence as well as that of their drivers. 

Examples of trucking company negligence include:

• Negligent hiring practices (failing to check a driver’s background or qualifications)
• Inadequate driver training or supervision
• Encouraging or forcing drivers to violate hours-of-service regulations to meet deadlines
• Failure to properly maintain their fleet of trucks according to safety standards
• Violating specific Federal Motor Carrier Safety Administration (FMCSA) regulations

Other Potential Parties

Liability isn’t always limited to the driver and trucking company. Sometimes, other entities contribute to the dangerous conditions leading to a crash:

• Cargo Companies: If cargo was improperly loaded, secured, or overweight, causing the truck to become unstable or spill its load, the loading company might be liable.
• Maintenance Providers: If a third-party company performed faulty maintenance or repairs on the truck (e.g., brake failure), they could be held responsible.
• Manufacturers: If a defective truck part (like tires, brakes, or steering components) malfunctioned and caused the accident, the part manufacturer might face liability in a product liability claim.

A thorough investigation explores all these potential avenues to ensure all responsible parties contribute to the victim’s compensation.

Victims of serious truck accidents in Massachusetts may be entitled to recover compensation for a wide range of losses stemming from the collision. While every case is unique, compensation typically falls into two main categories: economic and non-economic damages.

Economic Damages

These damages represent the direct financial costs and losses resulting from the truck accident. They’re generally easier to calculate because they often correspond to specific bills, receipts, and income records. 

Economic damages may include:

• Medical Expenses: All costs for emergency treatment, hospital stays, surgeries, doctor visits, physical therapy, rehabilitation, prescription medications, medical equipment (like wheelchairs or crutches), and projected future medical care needs
• Lost Wages: Income lost due to time missed from work during recovery
• Loss of Future Earning Capacity: Compensation for diminished ability to earn income in the future if injuries limit work capabilities
• Property Damage: Costs to repair or replace your vehicle and any personal property damaged in the crash
• Other Out-of-Pocket Expenses: Costs like transportation to medical appointments or necessary home modifications

Non-Economic Damages

These damages compensate for the non-financial, personal losses from the accident and injuries. While more subjective and harder to assign a specific dollar value, they are very real and significant consequences of a serious truck crash. 

Non-economic damages aim to acknowledge:

• Pain and Suffering: Compensation for the physical pain, discomfort, and limitations caused by the injuries
• Emotional Distress: Payment for mental anguish, anxiety, depression, fear, insomnia, or post-traumatic stress disorder (PTSD) resulting from the traumatic event and its aftermath
• Loss of Enjoyment of Life: Compensation for the inability to participate in hobbies, activities, and aspects of daily life that you enjoyed before the accident

Loss of Consortium: Spouse may claim damages for the loss of companionship, support, affection, and intimacy resulting from their partner’s injuries

What Makes Truck Accident Claims Different From Car Accident Claims in Massachusetts?

Truck accident claims are typically much more complex than standard car crash cases because of the severity of injuries, which are often catastrophic due to the size and weight difference. Federal regulations governing the trucking industry (FMCSA rules) add another layer of legal complexity.

There are usually multiple potentially liable parties (driver, trucking company, maintenance provider, etc.). Finally, the types of evidence needed, like driver logs and black box data, are unique to commercial trucking cases.

How Is Fault Determined in a Commercial Truck Accident in Massachusetts?

Determining fault requires a thorough investigation. Evidence gathering is key and includes analyzing the police report, interviewing witnesses, reviewing photos and videos of the scene, and examining physical evidence. 

It also involves obtaining and scrutinizing evidence specific to commercial trucks, such as the driver’s logs (to check for hours-of-service compliance), the truck’s maintenance records, data from the electronic control module (black box), and the trucking company’s safety and hiring practices.

What Is the Deadline for Filing a Truck Accident Lawsuit in Massachusetts?

In Massachusetts, the statute of limitations for filing a personal injury lawsuit, including those arising from truck accidents, is generally three years from the date of the accident. If you fail to file a lawsuit within this timeframe, you typically lose your right to seek compensation. 

There are some exceptions, particularly if a government vehicle was involved. Consult a Massachusetts truck accident lawyer soon after the accident to preserve your legal rights and meet all deadlines.

Should I Speak to the Trucking Company’s Insurance Adjuster Before a Massachusetts Truck Accident Lawyer?

You’re not obligated to speak directly with the insurance adjuster representing the trucking company or its driver. It’s best to politely decline to provide a statement or sign any documents and refer them to your Massachusetts truck accident attorney. Your lawyer will ensure that any requests meet legal requirements and that your rights remain fully protected throughout the process.

Your lawyer can handle all communications to protect your rights.

What Evidence Is Important in a Massachusetts Truck Accident Case?

Key evidence for a Massachusetts truck accident claim includes the police report, accident scene photos or videos, vehicle damage, medical records, and witness statements. 

Trucking-specific evidence includes driver logs (ELD data), maintenance records, ECM data (“black box”), driver employment file/record, and trucking company safety/compliance history.

The road to recovery after a serious truck collision is often long and challenging, but you don’t have to navigate it alone. An advocate on your side can make all the difference in leveling the playing field against powerful trucking and insurance companies. 

Let Brooks Law Firm help you seek the accountability and compensation you deserve. Contact us today at (617) 245-8090 for a free, no-obligation case review.