Who Is Liable in a Truck Accident in Massachusetts?
Massachusetts has a no-fault insurance rule. This means that when you are involved in an accident, you file a claim with your insurance policy. However, in a severe truck collision, your insurance coverage might be insufficient to cover all of your losses.
Because of this, there are certain exceptions to the state’s no-fault insurance rule that allow you to file a personal injury claim against the liable parties to recover compensation once you have exhausted your coverage. To file a lawsuit, you must meet one of the following exceptions:
- Medical expenses exceeding $2,000
- Permanent, severe injuries that will impact the quality of your life
To file a lawsuit, you must name all of the people or entities who contributed fault to your collision. Who is liable in a truck accident? Numerous parties might be held liable. Identifying the parties to name as defendants will require your attorney to investigate your case and make a liability determination.
Potentially Liable Parties in a Truck Accident
Truck accidents are complex, and more than one party might have contributed fault. The following parties might be liable in a truck accident:
- Truck driver
- Trucking carrier
- Truck leasing company/owner
- Defective parts manufacturer
- Distributor/shipper
- Third-party maintenance company
- The entity responsible for maintaining the roads
A trucking carrier might be liable for an accident in a few different ways. If the company employed a negligent truck driver who caused an accident while working in the scope of their employment, the company can be vicariously liable for the driver’s negligence.
Many truck drivers are classified as independent contractors, however. In that situation, the trucking company might be directly liable if it negligently contracted with a driver that the company knew or should have known was incompetent. A trucking carrier might also be directly liable if the accident happened because the truck wasn’t properly loaded or inspected or when it negligently supervised, trained, or retained an incompetent driver. Finally, trucking carriers that force drivers to drive for more hours than they are allowed or who cut corners by preventing them from taking adequate rest breaks can be liable.
Defective parts can sometimes cause truck accidents. When a part fails because of a defect, all of the parties involved in the chain of distribution can be liable, including the designer, manufacturer, distributor, or retailer.
Shippers and distributors can also sometimes be liable in a truck accident. Some shippers transport goods with their trucks and can are liable when an accident results because of the negligence of their drivers. Other shippers might contract to transport their goods with a trucking company. They might be liable if they load the cargo onto the truck improperly, causing the load to shift and an accident to result.
Proving Negligence
To prevail in a truck accident lawsuit, you have the burden of proving that each defendant named in the lawsuit was negligent and caused your accident, injuries, and damages. Someone is negligent when they caused your accident and injuries by acting in such a way that the harm you suffered was reasonably foreseeable. Plaintiffs must prove all of the elements of negligence by a preponderance of the evidence, including the following:
- The defendant owed a duty of care to you.
- The defendant violated the duty of care.
- The defendant’s breach of duty was the proximate or direct cause of your accident and injuries.
- You suffered calculable damages as a result.
You must prove each of these elements. If you fail to meet your burden for one element, you will not win your claim even if you prove the remaining elements.
What If You Share Liability?
Under M.G.L. c. 231, § 85, Massachusetts has adopted a modified comparative negligence law.
If you are partially at fault for a truck accident, you will only be able to recover compensation for your injuries and other losses if you are 50 percent or less at fault. If you are determined to have been 51 percent at fault or more, you won’t be able to recover compensation.
If you are less than 51 percent at fault, your damages will be reduced by the percentage of fault attributed to you. For example, if you are found to have been 40 percent at fault, your damages award will be reduced by 40 percent.
Talk to Ellis & Associates
If you sustained serious injuries in a truck accident or lost your loved one, you should speak to the attorneys at Ellis & Associates to learn about your rights. Our lawyers offer free consultations and can complete a liability determination to identify all of the potentially liable parties. Call us today at 800-MR-ELLIS or contact us online for a free case evaluation.