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Commercial truck crashes can cause devastating injuries because of the size and weight of tractor-trailers. When a serious crash occurs on I-93, I-90, or another Boston roadway, determining what went wrong often requires examining the driver’s actions, the truck’s condition, the cargo, and the trucking company’s safety practices.
Boston truck accident attorney Dino M. Colucci represents people injured in commercial trucking accidents. Our team investigates driver and trucking company errors in Massachusetts to determine what contributed to the crash and who may be responsible. We examine the available evidence to identify whether driver negligence, company safety failures, or both played a role.
This page covers common driver and trucking company errors, federal safety violations, maintenance and cargo problems, liability, and evidence used in truck accident claims. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to schedule a consultation.
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I cannot recommend Attorney Matt Marcus enough for anyone seeking estate planning services. What truly set him apart was his professional integrity, right from the very start…
Darin is a great lawyer, works with his clients, and goes all out for everything they can get. Above that, he has the best assistant, Allison, she is always there to help when Darin is doing his outside work. I will recommend this agency to get you everything you deserve…
Very happy with the care, attention and service I received from everyone at Colucci Colucci & Marcus at Law. From day one, everyone was kind, professional and outstanding advocates for me during a very stressful time in my life. I am very happy with the settlement I received. Stephanie & Junyan were kind…
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Common truck-driver errors include distraction, fatigue, speeding, following too closely, and unsafe lane changes. A fully loaded tractor-trailer can weigh up to 80,000 pounds under standard federal Interstate weight limits and requires more stopping distance than a passenger vehicle, making safe driving practices especially important.
Distractions take a driver’s attention away from changing traffic conditions. Texting, dialing a phone, checking a dispatch app, or eating while driving can interfere with a driver’s ability to respond quickly to vehicles, pedestrians, and hazards.
Fatigue creates similar risks by slowing reaction time and reducing alertness. A drowsy driver can miss changing traffic conditions, drift from a lane, or fail to brake in time.
Speeding and following too closely reduce the time and distance available to avoid a collision. A loaded truck traveling too fast for traffic, road, or weather conditions can be difficult to stop when vehicles ahead slow down. Following too closely further reduces the space needed to brake safely.
Aggressive driving also increases crash risks. Weaving through traffic, cutting off other vehicles, or entering an intersection unsafely can leave surrounding drivers with little time to react.
Large trucks have wide blind spots, often called “no-zones,” along both sides, directly behind the trailer, and in front of the cab. Drivers must account for these areas before merging, turning, or changing lanes. Failing to check a blind spot can lead to a sideswipe or collision with a vehicle traveling alongside the truck.
Key Takeaway: Distraction, fatigue, speeding, following too closely, and unsafe lane changes are common examples of truck-driver errors that can contribute to serious crashes. Evidence from the crash helps determine which driver actions contributed to the collision.
If a truck driver’s actions contributed to your crash, Colucci, Colucci & Marcus, P.C. can review the evidence and determine the next steps for your claim. Call (617) 958-3807 to schedule a consultation with a Boston truck accident attorney.
I cannot express enough gratitude for the outstanding representation and compassion I received from Colucci, Colucci & Marcus, especially Darin Colucci. From the very first conversation, Darin made me feel like more than just a client—he treated me like family. Navigating the aftermath of my accident was one of the most challenging times of my life…
Trucking company negligence can contribute to a crash when a carrier fails to properly qualify and train drivers, enforce safe schedules, or maintain its vehicles. These failures can create liability for the company in addition to any negligence by the truck driver.
Federal rules require carriers to investigate specified driver records, including motor vehicle records and safety performance information from prior DOT-regulated employers, and to maintain required driver qualification records. Failing to properly evaluate a driver’s qualifications can put an unsafe or unqualified driver behind the wheel.
Proper training is also important for operating a commercial truck safely. Inadequate training can leave a driver unprepared to handle a loaded trailer in heavy traffic, poor weather, or other challenging conditions.
Delivery schedules should allow drivers to comply with federal hours-of-service requirements. When a carrier or dispatcher imposes an unrealistic schedule, a driver can exceed driving limits or fail to take a required qualifying interruption in driving.
Carriers are responsible for keeping commercial vehicles properly inspected, repaired, and maintained. Ignoring brake problems, worn tires, or overdue inspections can increase the risk of equipment failure and a crash.
When trucking-company practices contributed to a Massachusetts truck accident, the company’s records can help establish what went wrong. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to schedule a consultation and discuss your case.
Hours-of-service violations increase the risk of fatigue by keeping drivers behind the wheel beyond federal driving limits. Federal rules under 49 CFR Part 395 limit driving and on-duty time and require qualifying periods of rest. These rules are designed to reduce fatigue-related problems such as slower reaction times and reduced alertness.
Most property-carrying drivers must track their driving time with an Electronic Logging Device (ELD). ELD records can show driving hours, missing entries, and documented edits, providing important evidence when investigators examine compliance with hours-of-service rules.
| Rule | Explanation |
|---|---|
| Maximum driving time | 11 total hours of driving after 10 consecutive hours off duty |
| Driving window | Driving is prohibited after the 14th consecutive hour after coming on duty following 10 consecutive hours off duty |
| 30-minute interruption | Except for applicable exceptions, driving is prohibited after more than 8 hours of driving without at least a consecutive 30-minute interruption in driving |
| 60/70-hour rule | Driving is prohibited after 60 hours on duty in 7 consecutive days if the carrier does not operate every day of the week, or 70 hours in 8 consecutive days if it does |
Exceeding an applicable hours-of-service limit can violate federal safety regulations. In Massachusetts, a relevant safety-rule violation can serve as evidence of negligence when the violation is connected to the crash and resulting injuries.
Key Takeaway: Hours-of-service rules are intended to reduce driver fatigue, while ELD records can help establish whether a driver exceeded applicable limits before a crash.
ELD records can provide a clearer picture of how long a truck driver had been on the road before a collision. To discuss these records and other evidence in your case, call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 for a consultation.
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Commercial truck drivers must meet federal and state requirements for licensing, age, and fitness before performing certain driving duties. When a carrier allows an unqualified driver to operate a commercial vehicle, that failure can become relevant to liability after a crash.
A driver must hold a valid Commercial Driver’s License (CDL) for the class of vehicle being operated. Under the Federal Motor Carrier Safety Administration (FMCSA) rules and Massachusetts Registry of Motor Vehicles commercial driver requirements, interstate commercial drivers must be at least 21 years old. Massachusetts permits CDL applicants starting at age 18, but drivers under 21 are restricted to intrastate operation.
Carriers must confirm that drivers have the proper license and meet applicable qualification requirements before assigning them to operate commercial vehicles. Allowing an underage or improperly licensed driver to operate a truck can expose the carrier to additional scrutiny after a crash.
Federal rules require qualifying drivers to receive a negative pre-employment controlled substances test before performing safety sensitive functions, subject to specified exceptions. Drug and alcohol testing requirements also apply in circumstances such as random testing and certain post-accident situations. Pre-employment alcohol testing is permitted but is not required in every case.
Testing and qualification records can help establish whether a carrier followed federal requirements before allowing a driver onto the road. To discuss how these records could affect your Massachusetts truck accident claim, call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 for a consultation.
Improper cargo loading or securement can affect a truck’s balance, braking, and stability. Overloaded, poorly distributed, or unsecured freight can shift during transit, contributing to rollovers, jackknifes, or cargo spilling onto the roadway. Federal rules require cargo to be properly distributed and adequately secured, with additional requirements for certain types of freight.
An overloaded trailer requires more distance to stop and can be harder to control on curves and ramps around Boston. Shifting cargo can also change the truck’s center of gravity during a turn or sudden stop, increasing the risk of a rollover or loss of control.
Responsibility for cargo problems can extend beyond the truck driver. Shippers and third-party loading companies can share fault when their loading or securement errors contribute to a crash. Bills of lading, loading manifests, and other shipping records can help identify the cargo involved and the parties responsible for loading it.
Determining who handled the cargo is an important part of investigating a loading or securement failure. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to discuss the circumstances of your truck accident with our legal team.
Dino M. Colucci, founding partner and lead trial counsel of Colucci, Colucci & Marcus, P.C., has practiced law since 1988. A graduate of Tufts University and Suffolk University Law School, he is admitted to practice in Massachusetts, New Jersey, Rhode Island, and before several federal courts, including the U.S. Supreme Court.
Dino has handled commercial trucking accidents and other complex personal injury matters throughout his career, including a wrongful death case that resulted in a $2.5 million settlement against a worldwide trucking company. His professional recognition includes selection as a Massachusetts Super Lawyer annually since 2012, membership in the Multi-Million Dollar Advocates Forum, and an AV Preeminent rating from Martindale-Hubbell.
Managing Partner Darin Colucci is a cum laude graduate of Suffolk University Law School, where he served as a staff member and editor of the Suffolk University Law Review. Admitted to the Massachusetts Bar and federal courts since 1993, his practice includes tractor-trailer liability, motor vehicle accidents, wrongful death, product liability, and other serious injury matters.
Darin’s qualifications include selection as a Massachusetts Super Lawyer annually since 2017 and recognition by The National Trial Lawyers and the National Academy of Personal Injury Attorneys. He has also helped secure substantial results in complex litigation, including a $6 million wrongful death settlement.
Partner Matthew J. Marcus earned his J.D. from Suffolk University Law School and an LL.M. in Taxation from Boston University School of Law. He is admitted to practice in Massachusetts and has been selected as a Massachusetts Super Lawyer annually since 2006.
Matthew’s professional background includes leadership in the Massachusetts elder law community, service as a Hearing Officer for the Massachusetts Board of Bar Overseers, and teaching for MCLE programs and Suffolk University Law School’s Elder Law Institute. His practice focuses on estate planning and elder law, with additional experience in disability and mental health-related legal matters.
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Commercial trucks require regular inspection and maintenance to keep critical systems working safely. Problems with brakes, tires, lights, steering, and other components can increase crash risks when defects are not identified or repaired.
Brake problems can prevent a loaded truck from slowing or stopping safely. Worn components, air system problems, and out-of-adjustment brakes can reduce braking performance when inspection or repair issues go unaddressed.
Tire condition also affects a truck’s stability and control. Underinflated, worn, or damaged tires can fail at highway speeds, causing a driver to lose control or leaving debris in traffic lanes.
The Federal Motor Carrier Safety Regulations require carriers to systematically inspect, repair, and maintain their vehicles and keep required maintenance records. These records can show whether reported defects were addressed and whether required inspections and repairs were completed.
Key Takeaway: Federal safety rules require trucking companies to inspect and maintain their vehicles. Maintenance and inspection records can provide evidence of negligence when a failure to meet those requirements contributed to a crash.
Maintenance records can help determine whether a mechanical problem existed before a truck accident and how the carrier responded to it. For help investigating these records, contact Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to schedule a consultation.
Liability for a Massachusetts truck accident can extend beyond the driver. Depending on the circumstances, the trucking company, maintenance providers, cargo loaders, and other parties can also be responsible for conduct that contributed to the crash.
Under the doctrine of respondeat superior, an employer can be responsible for negligent acts an employee commits within the scope of employment. A trucking company can therefore face liability for a crash caused by an employee who was performing job duties at the time.
A driver’s classification as an independent contractor does not always determine whether the carrier is responsible. Courts can examine the working relationship and the degree of control the company exercised over the driver when evaluating liability.
Other businesses involved with the truck or its cargo can also face liability. A maintenance provider can be responsible for faulty repair work, while a loading company can be responsible when improper cargo securement contributes to a crash. A parts manufacturer can face a product liability claim when a defective component contributes to the collision.
Key Takeaway: A Massachusetts truck accident can involve liability for the driver, trucking company, and third parties whose actions contributed to the crash. Identifying each responsible party helps determine the available sources of compensation.
Truck accident investigations often require looking beyond the driver to determine who contributed to the collision. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to discuss the parties and evidence involved in your case.
Carrier records can provide important evidence of how a truck accident occurred and whether the trucking company followed required safety practices. Because federal retention periods differ by record type, preserving relevant records early can prevent important evidence from being lost through routine record disposal.
Key evidence in a trucking company negligence claim includes:
These records help answer different questions about the crash. Driver logs can show compliance with hours-of-service rules, electronic vehicle data can document the truck’s operation before impact, and maintenance records can reveal unresolved mechanical problems. Together with qualification, dispatch, and cargo records, this evidence can help connect a driver or company error to the collision.
Preserving trucking records early can provide a clearer picture of what happened before a crash. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to discuss the evidence that should be investigated and preserved in your case.
What you do after a truck accident can affect the evidence available and how your claim is evaluated. Taking a few practical steps can help protect important information and avoid problems later.
Avoid these mistakes after a Boston truck accident:
If you can do so safely, take photos of the crash scene, vehicles, and visible injuries and collect contact information from witnesses. Seek appropriate medical care and keep records related to the accident, including medical documents, repair information, and communications with insurers.
The steps you take after a truck accident can help preserve evidence and protect your ability to pursue a claim. For guidance after a Massachusetts truck crash, call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to schedule a consultation.
Colucci, Colucci & Marcus, P.C. represents truck accident victims in Boston and communities throughout Massachusetts. From our Boston office at 31 Milk Street, we serve clients in Boston, Quincy, Cambridge, Dedham, Milton, Braintree, Brookline, Newton, Somerville, and surrounding areas. Call (617) 958-3807 to discuss your truck accident case with our team.
I had a wonderful experience with Dino and his entire team from CCM when I was involved in an accident while cycling at fault of a motor vehicle driver resulting in multiple injuries. Dino was compassionate and actionable when we first got in touch, and throughout the entire settlement process always made himself available for any questions I had…
An uninsured motorist struck me from behind at the end of my driveway while I was shoveling. And was seriously injured. My case was handled with the highest expertise, support and with excellent customer service. I did not expect to have it settled so quickly and was pleasantly surprised with the results. I highly recommend this group…
A truck accident can leave you dealing with medical expenses, lost income, and questions about who was responsible. Determining what caused the crash often requires reviewing the driver’s actions, the trucking company’s practices, and key records from the carrier. This evidence can help identify the parties responsible and support your compensation claim.
Dino M. Colucci has represented injured clients since 1988, including those involved in commercial trucking accidents. Our team of Boston truck accident attorneys at Colucci, Colucci & Marcus, P.C. represents clients in serious injury claims involving truck drivers, carriers, and other responsible parties.
Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 for a free consultation. Our office at 31 Milk St., 4th Floor, Boston, MA 02109, serves injured people throughout Boston and surrounding communities.
Common examples include distraction, unsafe speed, following too closely, fatigue, and unsafe lane changes. The cause of a particular crash depends on the facts and available evidence.
Yes. Under respondeat superior, a company can be liable for a driver’s on-the-job negligence, and it can also face direct claims for its own errors, such as negligent hiring or skipped maintenance.
The Federal Motor Carrier Safety Administration (FMCSA), part of the U.S. Department of Transportation, writes and enforces trucking safety rules covering hours of service, driver qualifications, cargo securement, and vehicle maintenance.
Yes. Massachusetts generally requires personal-injury tort actions to be filed within three years after the cause of action accrues. Exceptions or different rules can apply in particular circumstances, so the deadline should be evaluated based on the facts of the case.
You often cannot tell without the carrier’s records, which is why an investigation matters. ELD data, maintenance logs, and driver qualification files reveal whether hours-of-service, inspection, or licensing rules were broken.
Professional, Honest, and Responsive
I cannot recommend Attorney Matt Marcus enough for anyone seeking estate planning services. What truly set him apart was his professional integrity, right from the very start…
Very happy with the care, attention and service I received from everyone at Colucci Colucci & Marcus at Law. From day one, everyone was kind, professional and outstanding advocates for me during a very stressful time in my life. I am very happy with the settlement I received. Stephanie & Junyan were kind…
Darin is a great lawyer, works with his clients, and goes all out for everything they can get. Above that, he has the best assistant, Allison, she is always there to help when Darin is doing his outside work. I will recommend this agency to get you everything you deserve…