Truck accidents are particularly frightening and stressful, due to the serious injuries that can result. Although these vehicles are a necessary part of our economy, they can become dangerous if they are not maintained appropriately or operated according to state and federal regulations. Some of these rules apply to the way in which cargo on a vehicle is loaded. If a vehicle is not loaded properly, falling debris can lead to accidents. At The Law Offices of Barry Feinstein and Affiliates, P.C., our Massachusetts truck accident lawyers have assisted many victims with asserting their rights after a truck accident. You should not hesitate to pursue compensation from a careless truck driver or trucking company. Contact us now.Falling Debris Accidents Involving Trucks
The types of cargo that trucks and trailers haul vary substantially, but regardless of the nature of the items, they need to be loaded properly to ensure that the truck can be operated safely. However, debris often falls from trucks and causes motorists to swerve or strike the debris as they slam on their brakes. Many falling debris accidents are due to a motorist swerving to get out of the way of cargo that either just fell onto the roadway or previously fell onto the roadway and was not collected. Part of ensuring that cargo does not fall from a vehicle also includes performing routine maintenance and inspections of the vehicle. If a vehicle has components that are intended to help keep cargo secure, and these components malfunction, the outcome can be disastrous.
In a case based on a falling debris accident in Massachusetts, the plaintiff must prove that the defendant failed to use reasonable care and skill and that the plaintiff’s injuries happened as a direct and foreseeable result of that lack of due care. The standard of care is informed by the situation at hand. Thus, in a truck accident case, the standard of care would look at what a reasonable truck driver would do. A truck accident case also often involves legal action against a trucking company. If a trucking company employed the driver who caused the accident, the trucking company likely will be liable for the driver’s conduct under a doctrine called vicarious liability. The trucking company may also be liable for the crash if it failed to hire a properly trained and licensed driver, failed to maintain the truck in good repair, or improperly loaded the truck.
After you have proven that the truck driver or the trucking company did not act according to the appropriate standard of care, you must prove that your injuries happened as a direct and foreseeable result of this careless conduct. Defendants will often try to show that a victim’s injuries happened as a result of some other factor, such as severe weather or even the victim’s own negligent conduct. Having a dedicated truck accident lawyer on your side can help you anticipate and prepare for any potential defenses that a defendant might assert against your claim.
The final phase of the litigation involves providing evidence to support the amount of damages that you are requesting in the lawsuit. These might include past and future anticipated medical expenses, lost wages, lowered earning capacity, and emotional distress. Your attorney can help you ensure that you seek every item of damages that you deserve.Retain a Dedicated Injury Lawyer in Massachusetts
The Law Offices of Barry Feinstein and Affiliates, P.C. is available to serve victims in the areas around Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, and Peabody, among other communities. Through our experience representing accident victims, we have seen firsthand how devastating a truck crash can be for the victim and his or her family. We will fight diligently to ensure that you are treated fairly and that you receive the outcome that you deserve. Call today at 1-800-262-9200 or contact us online to set up a free case evaluation.