Posts tagged with "Truck accident"

No lawsuit can happen without these three components, no matter how terrible the conduct of the people involved.

No matter how outrageous a defendant’s conduct may be, there’s one thing you can never sue for:

Picture this: A person is walking down the sidewalk, enjoying a warm Spring day, when out of nowhere a drunk driver hops the curb and strikes them over from behind. The pedestrian flies through the air, lands on his feet and finds himself to be completely unharmed. A miracle occurred, as most people would have been permanently injured or killed.

On what grounds can that pedestrian, unharmed only by a stroke of luck, sue that driver, who clearly acted negligently and was at fault for what happened.

The answer is, none. There is no chance of a lawsuit here. The pedestrian does not have a case.

Why? Because you can’t sue for what could have happened, only what did happen. In this case, no one was injured.

Lawsuits aren’t some kind of bad luck lottery ticket, where people profit off of their own misfortune. No, personal injury lawsuits are about compensating people for their suffering and to help them adjust to life-changing events.

The three elements of a lawsuit

A lawsuit requires liability, causation, and damages. In this example, the driver was liable for what happened as he got behind the wheel of a car while intoxicated, which is a clear case of negligent behavior. He is also the one who caused the pedestrian to be struck, it wasn’t a faulty steering wheel or other mechanical problem. Both of those elements are required for a case, but so is damages. In this example, there were no damages as no one was injured.

Sometimes people say things like “I could have been killed.” They rightly find themselves shocked by how terribly things could have gone because of someone else’s bad behavior. Those issues shouldn’t be ignored. There may be some kind of legal consequence that will fall on the person who caused that problem. However, a lawsuit is not the solution for things that could have happened but didn’t.

Legal factors at play in a truck accident

We often talk about the complexities of truck accidents, the various factors that make a truck accident different from a more traditional car accident. But hearing about these factors and knowing what they are and how they play into a claim are very different things. It is important to understand why consulting with an attorney is so important in truck accident cases. Having the in-depth knowledge required to understand all of the issues could be the difference between a successful claim and going home empty-handed.

First of all, truck drivers must receive special licensing in order to operate the large vehicles. If you were involved in an accident in which the driver was not licensed to drive the vehicle, you could have a very easy claim on your hands. Secondly, the driver must have been granted the opportunity for adequate amounts of rest. If the driver’s employers gave him unreasonable hours, then the company may be liable for your injuries; this is especially a concern for truck drivers heading through a large, populated city like Boston.

In addition to the well-being of the drivers, the well-being of the trucks must also be taken into consideration. Unlike most drivers, truck drivers are not always directly responsible for the upkeep of their trucks. If the trucking company has been negligent in their upkeep of the vehicle, they could be liable for your injuries.

These are just some of the many different legal factors that affect the outcome of a truck accident claim. In order to prepare the best case possible to get the compensation you deserve, it is recommended you speak with an attorney.

Hazardous driving conditions contribute to truck crashes

The winter storms have begun to ravage the northern part of the country, and Massachusetts is no exception. According to state police, Linus left almost a foot of snow in parts of the state, which has made driving conditions hazardous. While those of us who are native to the area have experience dealing with these icy roads, we are not the only drivers inhabiting said roads. Some drivers may not exercise the proper amount of caution when traveling under these dangerous circumstances.

Perhaps the most notable example of such drivers is truck drivers. Truck drivers often drive long hours across multiple state lines, and certain drivers may attempt to drive quickly through hazardous areas in an effort to shave some time off their travel time. Additionally, because truck drivers are not always directly responsible for the condition of their vehicle, the proper precautions may not have been exercised on the truck to make it safe to drive over icy roads.

Regardless of the factors that may contribute to truck accidents, the fact is that these truck accidents are happening in Massachusetts. In fact, one accident occurred recently when three large trucks crashed into each other late in the evening. One of the drivers suffered minor injuries, and the other two were unharmed, but it is fortunate that these trucks collided with one another. If a smaller vehicle had been involved in the crash, there likely would have been serious injuries to the driver of that vehicle.

Two other trucks crashed in a different area, and again there were no injuries, but it is important to be especially wary when driving around trucks in these hazardous, icy conditions. The truck drivers are probably not as comfortable driving on the icy roads, their trucks may not be in proper condition, and they still have deadlines to meet, meaning that they may not employ the safest of driving practices.

Source: MassLive, “Tractor trailer truck accidents close Mass Turnpike and part of I-91,” Jeanette DeForge, Feb. 2, 2015

Massachusetts bicyclist killed in truck accident

Most of the talk around truck accidents covers the impact that the massive vehicles can have when they collide with smaller cars. Amongst all of this, we sometimes neglect the possibility that large trucks are just as capable of striking bicycles or pedestrians. Considering the substantial damage that cars and drivers might suffer in a truck accident, pedestrians and cyclists are lucky to survive the accident at all. Unfortunately for one Massachusetts man who was cycling in Wrentham, he was not lucky enough.

The accident occurred recently on a Saturday evening as the cyclist was attempting to make a left turn. Police are currently investigating the accident, but they believe it?s possible that the victim was blinded by the sun before taking the turn. A dump truck struck the cyclist before veering off the road and smashing into a tree. Police intend to inspect the truck to ensure that it was not suffering from mechanical issues.

In the wake of a truck accident, it is vital to inspect the truck in such a way, since a truck being in a state of disrepair could mean liability for the owner of the truck. Trucking companies have a responsibility to ensure that their trucks and the people they hire to drive them are in optimal operating conditions at all times. If it is discovered, for example, that the truck in this accident had a known brake issue, and the trucking company did not have the issue repaired, they could be liable for this bicyclist?s death.

If you or a loved one has been injured in a truck accident and you believe that the truck or its driver was at fault, you could be entitled to compensation. Consider speaking with an attorney to help you build a solid case to bring before the courts. You don?t have to suffer because of a truck company?s negligence.

Source: CBS Boston, “Cyclist Struck And Killed By Dump Truck In Wrentham,” Sept. 27, 2014

Boston cyclist dragged underneath garbage truck

Truck accidents can be a messy business for a number of reasons. One obvious reason is because of the size of trucks, meaning that trucking accidents will likely cause significantly more damage than similar accidents with other vehicles. Another reason is because there is more in question than simply the drivers of each vehicle: there is the company that owns the truck, what its hiring practices are and how well conditioned it keeps its trucks. Fortunately, with witnesses and strong legal assistance, truck accident victims can navigate all of these factors and make their case.

There are few mismatches quite as severe as a garbage truck meeting a bicyclist, but, reportedly, this occurrence took place in Boston recently. The truck was turning when it ran over a bicyclist, trapping his leg and dragging him. Fortunately, a witness stated that rescue was quick to respond, and the man was freed in less than half an hour. The cyclist appears likely to survive.

This is not the first time such an accident has occurred. Among similar accidents involving bicyclists was one that took place in Charlestown this past spring, and another nearby in 2012. Both of those accidents were fatal. A Boston Cyclists Union official claimed that many of the collisions are the result of truck drivers abruptly turning right after passing a biker. While it’s not clear whether this is what happened with the above accident, Massachusetts law requires drivers to allow bicyclists to pass before making a right turn.

You don’t have to be riding a bicycle to be injured in a truck accident, however. Anyone who has been injured by a truck accident could be entitled to compensation for their injuries. Strong legal counsel can help you build your case and may help ensure that you are given the maximum compensation you deserve.

Source: The Boston Globe, “Bicyclist dragged by garbage truck in South End,” Oliver Ortega, July 29, 2014

Massachusetts truck rollover kills prize-winning goat

As trucks are often towing heavy loads, they can be harder to control and prone to accidents. Furthermore, depending on the content of the load, trucking accidents can result in widespread damage affecting multiple other drivers. An accident in Massachusetts proved costly for the family involved when an accident claimed the life of a goat they were grooming to be a champion.

The four individuals in the truck were heading to a country fair in Kentucky to show their goats. The 24 animals were in a camping trailer attached to the back of the truck. Unfortunately, the driver, a 53-year-old woman from Rehoboth, lost control when she was passed by a tractor-trailer. Her vehicle and the attached camping trailer rolled over, coming to rest at the side of the road.

The prize-winning goat was the only casualty of the accident. No one else was seriously hurt. The goats were transported from the scene with the help of Charlton animal control and the owner of Sturbridge Service Center, who had been called to remove the wreckage.

The loss of the goat was understandably upsetting for the occupants of the vehicle, but they were fortunate that the toll was not greater. Even so, accidents such as this can be deeply distressing, leaving the victims shaken for some time after the event.

If you are involved in a truck accident, you may be concerned about the cost of repairing your vehicle, not to mention any medical expenses you may have incurred. If this is the case, an attorney can assist you in pursuing a fair payout from your insurance company, or even seeking compensation if someone else was responsible for your accident.

Source: Telegram, “Prize-winning goat dies in rollover on Mass Pike,” Craig S. Semon, July 12, 2014

Truck accident kills 2 Massachusetts construction workers

Two Mass Bay Electrical Corp workers who were working in an aerial bucket were killed when the truck supporting them upended into a ditch. The ditch runs along the Cape Cod Canal and is close to Scenic Highway in Bourne. The reach of the kind of truck being used is said to be 142 feet, which is a very dangerous height to fall from. A chaplain with the Bourne Fire Department was on the scene of the trucking accident to comfort the surviving family.

It is believed that the men were working with high-tension power lines at the worksite. Their contract was with NStar to work on a utility project. While it is not known what the exact cause of the accident was, there were other workers around when it happened, and reports indicate that there were no high winds at the time.

Mass Bay Electrical has had problems with Occupational Safety and Health Administration violations in the past, but their most recent inspection was nearly a decade ago. In that 2005 inspection, Mass Bay Electrical netted three serious violations, two of which were in relation to the aerial lifts.

The type of work the two men were doing is dangerous, which is why there are workplace safety standards in place. The Executive Office of Labor and Workforce Development Department of Labor Standards for the state reports that about 80 percent of deaths from platforms mounted on vehicles are due to some kind of contact with electrical sources. Other risks to workers include trucks being on ground that is unstable, not using fall restraints, and slips and falls from the bucket.

Families of individuals killed in on-the-job truck accidents have options to help them seek justice and compensation to cover related expenses. Medical bills, funeral costs and other expenses can be compensated for so those left behind do not also have overwhelming financial burdens adding to their suffering. A Massachusetts attorney may be able to assist you and your family in pursuing some sense of retribution if working conditions were poor, proper safety precautions were not taken or machinery was not well maintained. If an employer’s negligence resulted in a fatality to your loved one, you don’t have to be alone in your pursuit of justice.

Source: Cape Cod Times, “Two workers die in fall when truck tumbles into ditch,” Haven Orecchio-Egresitz and Mary Ann Bragg, April 13, 2014

Defective product being recalled after causing 3 deaths

So far in 2014, Colucci, Colucci, Marcus & Flavin, P.C., has achieved numerous multi-million dollar personal injury recoveries for their clients. The firm is a recognized leader in the area of personal injury, with particular emphasis on matters concerning wrongful death, aviation accidents, automobile/truck accidents, nursing home negligence, and similar catastrophic accidents.

Boston bicyclist killed in hit-and-run trucking accident

“Accidents happen” is a common phrase that we tell our children when they do small things such as spill milk or knock over a vase of flowers. Unfortunately for those who find themselves in automobile accidents, the phrase doesn’t have quite the same comforting feeling. Instead, it only serves to remind us of the frequently tragic reality of daily life. No matter how careful we are or what precautions we take when driving, accidents can happen.

A Massachusetts bicyclist was killed in a trucking accident when a garbage truck driver struck him and left him on the side of the road. A Swampscott man was later charged in connection with the hit-and-run accident, which happened in Charlestown. Tragedies like this often have far-reaching consequences for the families of those involved. If, for example, the bicyclist had a family that relied on his paycheck, their financial future may now be called into question.

While nothing can bring back the life of the unfortunate bicyclist, monetary compensation can help any family members the victim may have left behind. In addition to funeral expenses, the victim’s family will be able to stay afloat long enough to pursue other financial avenues. However, in order to receive any compensation, parties must prove their loved one’s death was caused by someone else’s negligence.

Particularly in cases where there are no witnesses, it is extremely important to secure legal assistance to help prove your case. Modern technology and some creative thinking can help a family meet the burden of proof needed in civil cases. If you or a loved one has been the victim of a truck accident, and you believe that you were not at fault, effective legal counsel can help you present your case to the courts and hopefully get you the compensation you deserve.

Source: Boston Herald, “Truck driver charged in fatal Charlestown accident,” John Zaremba, April 4, 2014

Massachusetts tractor trailer takes out power, cripples business

A powerful tractor trailer can be a formidable force on the road, and not only to humans and other vehicles. The repercussions of a truck accident can sometimes reach beyond the road, even under fortunate circumstances where nobody is hurt.

In an unusual two-part accident in Fall River, Massachusetts, on a Saturday morning this month a tractor trailer belonging to a sandwich shop became caught up in loose wires and brought down two power poles, cutting off electricity in the area for up to 12 hours.

Earlier in the day the driver of a motor vehicle had hit one of the poles, causing the wires to hang very low initially. Police responded to the first incident but the driver was not hurt and nobody else was involved.

Now businesses in the area are complaining that the power outage has cost them money in lost revenue. The owner of a nearby gas station has said that for more than three hours the business couldn’t open cash registers and so sale of gas and trading in the shop came to a halt. Even after power was restored, the incident still left the business with no telephones or cable.

Police are continuing to investigate but have not issued citations to either the driver of the car or of the truck. Fortunately, no one was injured. However, businesses affected may have recourse in court to file a lawsuit for lost earnings due to negligent driving by either the car or the truck driver responsible for knocking over the poles, or both. At a time like this, business owners would be well advised to follow the investigation and its effects on the determination within the lawsuits filed.

Source: ABC6/WLNE-TV, “Tractor trailer breaks power poles,” Dana Griffin, Feb. 22, 2014