tractor and trailer are separate entities on a commercial trucking vehicleIf you’ve been involved in an accident with a commercial truck, semi, or tractor trailer, having the right Massachusetts truck accident lawyer is vital to get the compensation you deserve for your injuries. An attorney experienced in handling Massachusetts truck accident cases can do so many things that are essential and invaluable in handling your case.

Most importantly, the earlier you contact an experienced accident lawyer after a trucking accident, the better the chances of identifying the proper parties and obtaining vital information and evidence to prove the cause of the accident. Remember, in order to obtain the money, you deserve for your injuries, you must prove that another person or party was responsible for causing the crash and your injuries through their negligence.

Why are Trucking Accidents More Complex than Standard Car Crashes?

Unlike a typical two car motor vehicle accident, commercial truck accidents, in general, are much more complicated. Trucking accidents are complex because there are many potential parties that may be involved and/or liable for causing or contributing to the accident and your injuries. For this reason, an accident lawyer who is experienced and knowledgeable about the intricate business relationships within the trucking industry is critical in identifying all possible culpable parties to ensure truck crash victims receive full and fair compensation for their injuries.

It is important to understand that a tractor trailer driving down a Massachusetts road or highway is not a single entity from a business standpoint. The tractor is the truck itself that is pulling the trailer. This tractor may or may not be owned by the name that appears on the side of the truck.  It could be leased from a different company altogether. Additionally, many tractors have maintenance contracts with a different company. This is all important in the event it was determined that there was a mechanical reason that caused the accident. 

Additionally, the truck driver is typically named as a defendant, even though he was acting in a capacity as agent, servant, or employee of the company. This is so even if the trailer was identified as having its own issues. The trailer is the box or container with a rear axle and no front axle, which is commonly referred to as the semi, and pulled or towed by the tractor. The semi or trailer may be owned by a completely different company than the tractor. The trailer may have a maintenance contract as well with a different entity that could come into play if it was determined that there was a mechanical fault with the trailer that caused or contributed to the accident.

The Importance of Identifying all Potentially Liable Parties in a Trucking Accident

It is well known that commercial trucking accidents cause the most serious, if not catastrophic or fatal, injuries. In the world of personal injury law, the more severe the injuries, the greater the damages and need for a significant and deserving amount of financial compensation. In these commercial truck accidents, typically, each party will carry their own insurance policy. These insurance policies are available to cover any settlements or jury verdicts. This is crucial to, at least guarantee, there is enough insurance coverage for anyone seriously injured in a Massachusetts trucking accident.

An Example of How Potentially Liable Parties Add Up in a Trucking Accident

In a recent case we handled in our office, a tractor trailer with the name of a nationally known retailer on both the tractor and trailer, was involved in an accident on Interstate 95 South in Woburn, Massachusetts. Through our investigation and discovery, our office determined that the tractor was owned by an out of state leasing company. Additionally, we discovered that the maintenance on the tractor was performed under a contract with a completely different out of state entity. The trailer (or semi), however, was owned by a company unrelated to the retailer and it was also covered by its own maintenance contract with a different out of state entity.  In the blink of an eye, five or six parties (don’t forget to include the driver) were named in a personal injury lawsuit filed in Massachusetts Superior Court.

Experienced Truck Accident Injury Attorneys are Key to a Successful Injury Case

With the possibility of such complicated issues arising in a commercial truck accident in Massachusetts, an experienced truck accident lawyer can identify all potentially liable parties, conduct a thorough investigation to collect necessary evidence and locate and negotiate with insurance carriers. Most importantly, a qualified trucking accident attorney will file the appropriate personal injury lawsuit and present a detailed case to a jury.

Our truck accident lawyers in Framingham are experienced in truck accident investigation, well-informed of federal and state trucking regulations, and are experienced litigators. Many trucking accident cases end up in personal injury lawsuits in pursuit of compensation for accident victims. Having experienced Massachusetts personal injury lawyers working for you and your family to prove the trucking company and their driver were responsible is crucial in the fate of your trucking accident case.

Joseph M. Mahaney
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Injury lawyer serving car, truck, and motorcycle accident victims in Webster and Framingham, Massachusetts.
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