Massachusetts Legal Blog

Truck Accidents: Who Should Victims Hold Accountable

Truck accidents can be very devastating on the part of the victim. Most trucks weigh more than 10,000 pounds, which is why an accident involving this specific kind of vehicle can cause serious damage. In 2012, the National Highway Traffic Safety Administration recorded more than 3,900 cases of death caused by truck accidents. The victims who were able to survive usually suffer the long-term impact of the crash. Keep reading to learn whom victims should hold accountable in truck accidents.

Common Reasons for Truck Accidents

There are many different reasons why truck accidents happen. For example, there are cases when the driver is too tired because of the long hours spent behind the wheel. There are also instances when the truck driver is under the influence of alcohol or drugs. Others would say that they were distracted while driving. Finally, there are also special cases when the vehicle is defective. All of these factors can be used as bases in determining the accountability of the driver and the trucking company.

There are state laws and federal laws that regulate the actions of the truck driver and serve as a source for the policies of trucking companies. There is a mandatory rest break for a driver after a specified number of driving hours, and there is also a limit on the truckload. Most importantly, truck drivers should be regularly monitored for alcohol and substance abuse. If you are a victim of a truck accident, you will need the assistance of an expert in the field of truck accident law.

Who is Accountable for Truck Accidents in Massachusetts?

After the accident, the driver is expected to stay on the scene. It is very important for everyone to know that leaving after a car crash can be a reason for your license to be suspended. In cases when there is an obvious negligence on the part of the truck driver, he is held liable for the accident. Negligence is characterized by the driver’s failure to demonstrate utmost care in his action as a reasonable and prudent individual. It has to be established that the person’ negligence has been a reason for the injuries and damages experienced by the victim. In this case, the act or omission on the part of the truck driver makes him liable for the accident.

The importance of reporting a car crash incident to the Registry of Motor Vehicles can be helpful on the part of the victim. The trucking company can also be held liable when the accident happens while the truck driver is on duty as stipulated in his employment contract. Aside from that, the company should also answer in cases where the accident happens because of overloading. The manufacturer of the truck involved in the accident can be held liable as well if there is enough evidence proving that the crash happened because of a manufacturing defect.

Know Your Rights Under the Law

Determining the parties accountable for the injuries, damage, or even the death of the victim is critical. You can demand compensation depending on the damage you incurred from. The immediate family of the person who dies because of a truck accident may also demand economic and non-economic compensations for the wrongful death.

The help of a seasoned lawyer is essential in cases involving a truck accident. You can get the help of a Boston truck accident attorney to explain your rights as the victim and to represent you during the settlement negotiations. The Shapiro Law Group can provide invaluable advising and proper representation for your legal needs. Contact us today at 339-298-2300 to schedule a free consultation.