Truck Accident Lawyer in Newton, MA

Commercial “big-rig” truck drivers must comply with extensive truck regulations that are not applicable to regular drivers.  At the federal level, truck drivers and companies must comply with what are known as the Federal Motor Carrier Act (FMCA) and the rules and regulations enacted there-under.  

These regulations are designed to promote safe driving through:

• Driver training
• Load and vehicle inspections
• Prohibitions on any alcohol consumption in the hours before trips
• Bans on certain types of “pep” pills

One key aspect of safe driving concerns efforts to stop driver fatigue.  Federal regulations prohibit truck drivers from driving more than a specified number of hours during certain time periods, calling for drivers to get a certain amount of rest over the course of a number of days.  These regulations were enacted to ensure that truck drivers were not driving for extended periods in a day, and that they are fully rested while on the road.

These regulations also require interstate truck drivers to keep meticulous log books of their trips to document the number of hours that they drove and their hours of rest. However, for a long time, only paper log books were used, which could be falsified so that drivers could drive more hours than are allowed under the regulations (so that they would earn more money). Now, log books are normally kept electronically, making falsification harder.

When a truck crash occurs, your attorney will likely conduct an investigation on your behalf, carefully documenting details included in a driver’s electronic logbook, but also event records (truck black boxes), load inspection records, truck maintenance records, safety training records, and many other records and documents that could be available. This information will help an attorney determine the possible causes for a semi crash.

Punitive Damages in Trucking Cases

In addition to pain and suffering, medical bills, lost wages, and similar types of compensation, in some cases, truck accident victims (and the families of those who lost a loved one in a truck crash) may be entitled to punitive damages. Punitive damages are meant solely to punish a wrongdoer for extreme and outrageous conduct causing death or loss of life.  

For example, punitive damages may be warranted in cases such as:

• A truck company hiring a driver who does not have a valid license after the driver’s license was permanently revoked for multiple DUI convictions.
• A driver who was told that their brakes were bad, but who nonetheless chose to drive anyway.
• A driver who has been driving for 20 consecutive hours with stops only for bathroom and gas breaks.

Punitive damages are up to the jury to determine. If an attorney believes that there is sufficient evidence to seek punitive damages, then they will pursue such damages against whatever driver or company deemed responsible. The unique details attributed to your personal injury case will dictate settlement amounts. Final settlements can range greatly, potentially anywhere from just a few dollars all the way to millions.

Frequently Asked Questions Regarding Trucking Accidents in Massachusetts

How Much is a Truck Accident Case Worth?

The value of your truck accident case hinges on factors specific to it, such as the severity of your injury and the likelihood of making a full recovery. Some cases are worth a few thousand dollars, while others are worth millions. It all depends on the circumstances surrounding your case. Attorneys from Fogelman Law can carefully evaluate the circumstances of your injury to determine a fair and meaningful compensation amount to pursue.

How Long Do I Have to File a Truck Accident Claim in Newton, MA?

Under Massachusetts law, you have three years to file a lawsuit against the party responsible for the trucking accident. This timeframe, called the statute of limitations, can vary in each state. It’s important to file your claim within this timeframe, as failure to do so may forfeit your ability to pursue compensation from the at-fault party. Those unsure of whether their case falls within the statute of limitations should reach out to a law firm for a consultation to further discuss.

How Can a Lawyer Help With My Truck Accident Claim?

The aftermath of a trucking accident can be overwhelming, and filing a lawsuit might be the last thing on your mind. That’s where your lawyer comes in. Fogelman Law will handle the entirety of the legal process, from the investigation to representing you in court, while you focus on recovery. Partnering with a personal injury law firm places your best interests above all else, where those with experience can guide you through every detail of the case.

How Much Does it Cost to Hire a Massachusetts Truck Accident Lawyer?

At the Fogelman Law Firm, we work on contingency. This means it costs nothing to hire us – you don’t pay the law firm a fee unless we win or settle. If we recover for you, our payment comes out of the settlement or verdict. This allows anyone in Massachusetts to access legal representation without any upfront costs, making our attorney services accessible to anyone who has been injured through no fault of their own.

Take advantage of an entirely free consultation to learn more about the details of your case and how Fogelman Law can help.

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Client Review

“Matthew Fogelman was easy and pleasant to work with. I called him with a problem related to upcoming travel situations. He was responsive, thoughtful and very willing to help, although it seemed he may not have previously been involved with this particular problem. Within a couple of days, he apparently researched the issue, came up with some actions, discussed them with me and pursued them. Bottom line, problem was taken care of with the desired response! Thank you, Matthew. I respect your willingness and ability to get a job done thoughtfully and efficiently.”

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