Massachusetts Commercial Vehicle Accident Lawyer

Collisions involving large commercial vehicles like semi-trucks, delivery vans, and construction equipment are some of the most devastating events on our roads. The sheer size and weight difference compared to a passenger car often results in serious, life-altering injuries. 

If you or a loved one has been harmed in such an accident, you may face a long road to recovery, mounting medical bills, and uncertainty about the future. A Massachusetts commercial vehicle accident lawyer can protect your rights and hold the responsible parties accountable.

At Bailey & Burke, we understand the immense physical, emotional, and financial toll these accidents take. We are committed to providing dedicated legal support to individuals and families across Massachusetts, helping them seek the compensation they need to rebuild their lives.

Why Choose The Law Offices of Bailey & Burke for Your Massachusetts Commercial Vehicle Accident Claim?

When you are dealing with the effects of a serious accident, the law firm you choose can make all the difference. For decades, the attorneys at The Law Offices of Bailey & Burke have built a reputation for providing both determined advocacy and compassionate client service.

We believe our track record and our approach set us apart. Since 1971, we have been fighting for the injured, achieving a 99.6 percent success rate in personal injury cases.

Our commitment to you includes:

• Direct Attorney Access: From your first meeting to the conclusion of your case, you will work directly with an experienced lawyer. We believe in building a strong attorney-client relationship based on trust and clear communication.
• A Focus on Your Well-being: We go beyond the legal aspects of your case. Our team is dedicated to helping you access the best medical care available so you can focus on your recovery.
• No Fees Unless You Win: We handle personal injury cases on a contingency fee basis. This means you pay no attorney fees until we secure a settlement or a verdict in your favor. Our fee is a reasonable percentage of the compensation we obtain for you.

We provide personalized attention to every case, understanding that your needs are unique. Our goal is to lift the legal burden from your shoulders, allowing you to concentrate on what matters most—healing.

Understanding the Complexity of Commercial Vehicle Collisions

An accident with a commercial truck is not just a bigger version of a car crash. The legal process is significantly more complex for several key reasons. These cases often involve severe injuries, powerful corporate defendants, and a web of federal and state regulations that don’t apply to typical drivers.

One of the most significant differences is determining liability, which is the legal term for responsibility. While a car accident might only involve two drivers, a commercial vehicle incident can involve multiple parties who may share the blame. This complexity requires a thorough investigation to identify everyone who contributed to the collision and to build a strong case for compensation.

Who Can Be Held Responsible in a Commercial Truck Accident?

Identifying all potentially at-fault parties is one of the most important functions a Massachusetts commercial vehicle accident attorney performs. The driver may have been negligent, but they are often just one piece of the puzzle. The trucking industry is a chain of companies and individuals, and a failure at any link can lead to a dangerous situation on the road.

Potential responsible parties in a commercial truck accident case may include:

• The Truck Driver: A driver can be held liable for actions like speeding, distracted driving, driving under the influence of drugs or alcohol, or violating traffic laws.
• The Trucking Company (Motor Carrier): The driver’s employer can be held accountable for its own negligence. This could include failing to conduct proper background checks, encouraging drivers to ignore safety rules to meet deadlines, or not providing adequate training. This is often based on a legal principle called vicarious liability, where an employer is responsible for the actions an employee takes as part of their job.
• The Owner of the Truck or Trailer: In some cases, the truck or trailer is owned by a separate company and leased to the motor carrier. If poor maintenance or a known defect with the vehicle contributed to the crash, the owner could be held responsible.
• The Cargo Shipper or Loader: If the cargo inside the truck was improperly loaded, unbalanced, or not secured correctly, it can shift during transit. This can cause the driver to lose control, leading to a jackknife or rollover accident.
• A Maintenance or Repair Company: Third-party mechanics and companies hired to service the truck could be liable if their faulty repairs or negligent inspections led to a mechanical failure.
• The Vehicle or Parts Manufacturer: If a defective part—such as brakes, tires, or a steering component—failed and caused the crash, the manufacturer can be held accountable through a product liability claim.

Because so many different parties could be involved, trucking companies and their insurers often begin their own investigations immediately to limit their financial exposure. Having a legal advocate on your side ensures your interests are protected from the very beginning.

Federal and Massachusetts Trucking Regulations

The trucking industry is governed by a strict set of safety rules at both the federal and state levels. These regulations are in place because of the immense danger that a poorly maintained or carelessly operated 80,000-pound truck poses to the public. A knowledgeable commercial vehicle accident lawyer will be familiar with these rules and can use a violation to help prove negligence.

The primary federal agency responsible for these rules is the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA sets standards for many aspects of the trucking industry, including:

• Hours of Service (HOS): These rules limit how many hours a commercial driver can be on the road without taking a mandatory rest break. HOS regulations are designed to prevent driver fatigue, a leading cause of truck accidents.
• Driver Qualifications: Motor carriers must ensure their drivers are properly licensed, have a clean driving record, and pass medical examinations to prove they are physically qualified to operate a large truck.
• Vehicle Inspection and Maintenance: Companies are required to systematically inspect, repair, and maintain all of their commercial vehicles. Drivers must also conduct pre-trip and post-trip inspections to check for safety issues.
• Drug and Alcohol Testing: The FMCSA has strict zero-tolerance policies for drug and alcohol use. Drivers are subject to pre-employment, random, and post-accident testing.

In addition to federal laws, truckers must also follow all state and local traffic laws in Massachusetts. This includes adhering to speed limits, traffic signals, and specific rules for commercial vehicles. Violating any of these federal or state regulations can serve as powerful evidence of negligence in a personal injury claim.

Common Causes of Commercial Vehicle Accidents in Massachusetts

Commercial vehicle accidents happen for many reasons, but most are tied to some form of human error or corporate negligence. Whether you are traveling on the Mass Pike (I-90), I-495, or a local road like Route 2 near Fitchburg, the risk of encountering a negligently operated commercial vehicle is always present.

Some of the most frequent causes of these serious collisions include:

1. Driver Fatigue: Many truck drivers are under pressure to meet tight deadlines, which can lead them to drive longer than is safe or legal. A tired driver has slower reaction times and impaired judgment, similar to an intoxicated driver.
2. Distracted Driving: Using a cell phone, adjusting a GPS, eating, or other distractions take a driver’s eyes and mind off the road. A semi-truck traveling at highway speeds can cover the length of a football field in the few seconds it takes to read a text message.
3. Speeding and Aggressive Driving: A fully loaded commercial truck requires a much longer distance to stop than a passenger car. Speeding reduces this safety margin and increases the force of impact in a collision, leading to more catastrophic injuries.
4. Improper Maintenance: Worn-out brakes, bald tires, and broken signal lights are all preventable failures. When trucking companies cut corners on maintenance to save money, they put everyone on the road at risk.
5. Inadequate Driver Training: Operating a large commercial vehicle requires a high level of skill. A trucking company that fails to properly train its drivers on safety procedures, defensive driving, and how to handle their specific vehicle can be held responsible for the consequences.

Identifying the specific cause of your accident is essential for building a strong claim. The legal team at Bailey & Burke can launch a comprehensive investigation to uncover evidence of negligence and hold the right parties accountable.

The Types of Compensation You Can Pursue

If you have been injured due to someone else’s negligence, you have the right to seek compensation for the harm you have suffered. In legal terms, this compensation is called damages. The goal of a personal injury claim is to secure financial resources that help you cover the costs of the accident and acknowledge the non-financial losses you have endured.

In Massachusetts, you may pursue compensation for several types of damages:

• Economic Damages: These are the verifiable financial losses you have incurred because of the accident. This includes all past and future medical expenses, lost wages from being unable to work, loss of future earning capacity if you are disabled, and costs for things like rehabilitation or home modifications.
• Non-Economic Damages: These damages are meant to compensate you for the intangible, personal losses that don’t have a specific price tag. This can include physical pain and suffering, emotional distress, scarring and disfigurement, and loss of enjoyment of life.
• Wrongful Death Damages: If you tragically lost a family member in a commercial vehicle accident, you may file a wrongful death claim. This can help cover funeral and burial expenses, loss of the deceased’s income and benefits, and compensation for the loss of their companionship and support.

Our attorneys work closely with medical professionals, financial planners, and other professionals to accurately calculate the full extent of your damages. This ensures we are pursuing a settlement or verdict that truly reflects what you will need to move forward.

How a Massachusetts Commercial Vehicle Accident Lawyer Can Help

The moments, days, and weeks following a serious accident can be difficult and confusing. While you focus on your physical recovery, a dedicated attorney can handle the complex legal work required to protect your rights. An experienced lawyer acts as your advocate, working to level the playing field against large trucking corporations and their aggressive insurance companies.

Here is how the team at Bailey & Burke can help you:

1. Conducting a Swift and Thorough Investigation: Evidence in truck accident cases can disappear quickly. We act fast to preserve crucial information, such as the truck’s “black box” data recorder, the driver’s logbooks, maintenance records, and witness statements.
2. Identifying All Liable Parties: We look beyond the driver to determine if the trucking company, a parts manufacturer, or another entity shares responsibility for the collision.
3. Calculating the Full Value of Your Claim: We gather all of your medical records and bills and consult with experts to understand the long-term impact of your injuries on your life and finances.
4. Handling All Communications: We will manage all communication with insurance adjusters and defense attorneys. Their goal is often to minimize the amount they have to pay, and we protect you from their tactics.
5. Negotiating for a Fair Settlement: Armed with strong evidence, we will negotiate forcefully on your behalf to reach a fair settlement that covers all of your damages.
6. Preparing for Trial: While most cases are settled out of court, we prepare every case as if it will go to trial. If the insurance company refuses to offer a fair settlement, we are fully prepared to present your case to a judge and jury.

Throughout the process, we will keep you informed, answer your questions, and provide the guidance you need to make empowered decisions about your case.

The Critical Importance of Acting Quickly

After a commercial vehicle accident, it is important to understand that you have a limited amount of time to take legal action. This deadline is known as the statute of limitations. Massachusetts law generally gives you three years from the date of the accident to file a personal injury lawsuit.

If you miss this deadline, you will likely lose your right to pursue compensation forever. Three years may seem like a long time, but it can pass quickly, and building a strong truck accident case takes time.

Furthermore, crucial evidence may be lost or destroyed long before the statute of limitations expires. For example, federal regulations only require trucking companies to keep certain records, like hours-of-service logs, for six months.

Contacting a lawyer as soon as possible can preserve vital evidence.

Massachusetts Commercial Vehicle Accident FAQs

We understand you may have many questions during this difficult time. Here are answers to some common concerns people have after a collision with a commercial vehicle.

Contact Bailey & Burke for a Free Consultation

If you or a family member has been injured in an accident involving a commercial truck, you don’t have to face the legal process on your own. The dedicated attorneys at Bailey & Burke are here to help you understand your rights and pursue the accountability you deserve. We offer compassionate guidance and determined representation to clients throughout Massachusetts.

Take the first step toward protecting your future. Contact us today at (888) 368-0983 or through our online form for a free, no-obligation consultation to discuss your case.