Truck crashes on I-93, the Mass Pike, Route 128, and throughout Massachusetts are governed by Massachusetts rules on negligence and PIP. Importantly, many truck crash cases are the result not only of driver negligence, but often also the failure to comply with the federal FMCSA trucking regulations. As a Boston truck accident lawyer and the founder of Lionhart Injury Law, Attorney Robert Hartigan represents truck crash victims throughout Greater Boston, eastern Massachusetts, and surrounding communities. Massachusetts Lawyers Weekly honored him with its Excellence in the Law award in 2022, and he secured $6 million for a group of clients hurt in a single commercial truck collision. He accepts truck accident cases throughout Greater Boston on a contingency fee basis, with no fee unless he wins.

A commercial truck traveling at highway speed carries the kinetic energy of dozens of passenger cars. When something goes wrong on I-93 near the Leverett Connector, on the Mass Turnpike approaching the Prudential Tunnel, or along the Route 128 beltway at rush hour, the consequences for anyone in the path of that vehicle are often catastrophic. Fractures, traumatic brain injuries, spinal cord damage, and fatalities are far more common in commercial truck crashes than in collisions between passenger vehicles alone.

If you’ve been hurt in a truck crash, please call (617) 871-9093 for a free truck accident consultation and to get your questions answered. As a full-service truck crash law firm, we represent clients on a contingency fee basis (no win, no fee) and we advance all costs of litigation so you do not have to worry about paying these expenses while your case is ongoing.

How Does Commercial Truck Traffic Move Through Greater Boston?

Greater Boston sits at the intersection of some of New England’s most heavily traveled freight corridors. The Massachusetts Turnpike (I-90) carries constant commercial traffic between the Port of Boston, Logan International Airport cargo facilities via the Ted Williams Tunnel, and points west. Meanwhile, I-93 funnels non-hazardous trucks directly through the heart of the city via the Thomas P. O’Neill Jr. Tunnel.

Because hazardous materials are strictly prohibited in these underground highways, specialty haulers carrying oversized or dangerous cargo are diverted onto the Route 128/I-95 corridor, which serves as the primary ring road for distribution centers stretching from Woburn to Dedham. Accidents across these complex corridors can involve national motor carriers operating under federal authority, regional carriers, independent owner-operators, and local delivery fleets.

Which Federal and State Regulations Govern Commercial Trucks in Boston?

Recognizing the dangers of sleep-deprived driving and of driving under the influence of alcohol or stimulants, and to make commercial interstate trucking safer generally, Congress authorized the Federal Motor Carrier Safety Administration (FMCSA) to adopt regulations that govern the conduct of truck drivers and trucking companies.

What Are the FMCSA Hours-of-Service and Electronic Logging Rules?

Commercial truck drivers operating in interstate commerce are subject to federal hours-of-service rules designed to limit fatigue behind the wheel. For cargo-carrying drivers, those rules generally permit up to 11 hours of driving after 10 consecutive hours off duty, within a 14-hour driving window. Drivers must also take a 30-minute break after eight cumulative hours of driving without at least a 30-minute interruption. Depending on the carrier’s operating schedule, drivers generally may not drive after accumulating 60 hours on duty in seven consecutive days or 70 hours in eight consecutive days.

These limits become particularly important after a serious truck accident because they provide a way to reconstruct what the driver and carrier were doing before the collision. Today, drivers subject to the federal Electronic Logging Device requirements must use an ELD to record driving time and other duty-status information. Those records can reveal whether a driver exceeded federal limits, failed to take required rest, or continued driving after reaching the end of an allowable duty period. They may also help determine whether a carrier’s dispatch practices or delivery schedule contributed to unsafe driving.

ELD records are only one part of that investigation. GPS and dispatch records show the truck’s route and stops, while engine control module data may contain information about speed, braking, and other vehicle activity surrounding the crash. Maintenance records, inspection reports, bills of lading, and communications between the driver and dispatcher can also provide additional context.

Because some electronically stored information may be overwritten or lost through ordinary business operations, promptly identifying and preserving relevant records can be important in determining how a Boston truck accident occurred. As an experienced Boston truck crash attorney, Attorney Hartigan moves expeditiously to preserve as much evidence as possible when Lionhart Injury Law represents injury victims.

What Weight Limits and Commercial Vehicle Rules Apply in Massachusetts?

Commercial trucks traveling through Massachusetts must comply not only with federal safety requirements but also with state and local restrictions governing vehicle weight and where certain trucks may travel. Federal law generally establishes an 80,000-pound maximum gross vehicle weight for vehicles operating on the Interstate Highway System, subject to axle-weight, bridge-formula, permit, and other requirements. Massachusetts also regulates the weight and dimensions of commercial vehicles using roads and bridges within the Commonwealth.

Those restrictions can be especially significant in Greater Boston, where commercial vehicles move between major interstate routes and older local road networks containing bridges, tunnels, and streets that may impose additional weight, height, or access limitations. Depending on the route and load, a carrier may need to account for posted restrictions or obtain an appropriate permit before operating an oversized or overweight vehicle.

An overweight or improperly loaded truck can also present safety concerns beyond the regulatory violation itself. Excess weight or poor weight distribution can affect braking distance, vehicle handling, tire and suspension loads, and stability during turns or emergency maneuvers. When vehicle weight contributes to a crash, the investigation may extend beyond the driver’s conduct to determine who loaded the truck, who knew its weight, whether required permits were obtained, and whether the carrier permitted the vehicle to operate despite an unsafe or unlawful load.

How Are Boston Truck Accident Claims Different From Car Accident Claims?

Truck accident claims are often more complex than ordinary car accident claims because responsibility in truck crash cases often extends beyond the driver. In addition to the driver depending on how the crash occurred, the motor carrier, truck or trailer owner, cargo loader, maintenance provider, and/or an equipment manufacturer may each also bear responsibility. Determining who controlled the driver, vehicle, cargo, and maintenance operation is an important part of identifying the parties involved in the accident.

Commercial trucks also generate evidence that is not typically available in a passenger vehicle accident. Electronic logging device records, GPS and dispatch data, engine control module data, inspection reports, maintenance records, driver qualification files, and cargo documentation can help establish how the truck was being operated and whether safety violations or equipment problems contributed to the crash.

Trucks may also be repaired and returned to service soon after an accident. Promptly identifying the companies and records involved and requesting preservation of relevant evidence can therefore be particularly important in a commercial truck accident investigation.

What Are the Most Common Causes of Truck Accidents in Greater Boston?

Commercial truck accidents in Boston can result from driver error, unsafe carrier practices, vehicle problems, or improperly handled cargo. Common causes include:

• Distracted driving: Cell phones, navigation systems, dispatch communications, and other distractions can take a driver’s attention away from traffic. Even a brief distraction can be dangerous when operating a large commercial vehicle in congested Greater Boston traffic.
• Driver fatigue: Long shifts and demanding delivery schedules can leave drivers with slower reaction times and impaired judgment. Federal hours-of-service rules limit driving and on-duty time, but violations can still occur.
• Speeding or driving too fast for conditions: Commercial trucks require more distance to slow or stop than passenger vehicles. Excessive speed can be particularly dangerous in heavy traffic, on sharp curves, and during rain, snow, or icy conditions.
• Unsafe lane changes and blind spots: Tractor-trailers have substantial blind spots along their sides and behind the trailer. Failing to check those areas before changing lanes can lead to sideswipe and merging collisions on I-90, I-93, Route 128, and other major Boston-area highways.
• Improper turns: Boston’s narrow streets and tight intersections can be difficult for large trucks to navigate. Wide right turns can place pedestrians, bicyclists, and nearby vehicles at risk when a driver fails to account for the truck’s turning path.
• Brake, tire, and other equipment failures: Worn brakes, tire failures, steering problems, and other mechanical defects can cause or worsen a crash. These cases may require reviewing inspection and maintenance records to determine whether a problem should have been discovered before the truck returned to service.
• Improperly loaded or unsecured cargo: An unbalanced or shifting load can affect a truck’s handling and increase the risk of a rollover or loss of control. Unsecured cargo can also fall into the roadway and endanger surrounding motorists.
• Inadequate driver training or supervision: Commercial drivers must be qualified to operate the vehicles assigned to them. A carrier’s hiring, training, supervision, or safety practices may become relevant when a driver’s lack of experience or repeated unsafe conduct contributes to a collision.

Which Greater Boston Roads See Heavy Commercial Truck Traffic?

Greater Boston’s interstate system carries commercial traffic through some of the region’s most congested and complex highway corridors. Truck accidents frequently occur on routes that combine heavy traffic, merging vehicles, tunnels, curves, and limited space. Major commercial truck routes include:

• Massachusetts Turnpike (I-90): I-90 is the primary east-west interstate through Massachusetts, connecting Boston with Worcester, Springfield, and points west. Commercial trucks traveling toward Boston encounter increasingly dense traffic around I-495 and Route 128/I-95 before reaching the tunnels and interchanges of downtown Boston.
• I-93 and the Southeast Expressway: I-93 carries commercial traffic north and south through Greater Boston and directly through the city. Trucks must navigate heavy commuter traffic, frequent merging, and complex interchanges, including the I-90 connection near South Boston and the approaches to the central Boston tunnels.
• Route 128/I-95: The Route 128 corridor carries substantial commercial traffic around the outer Boston metropolitan area and connects numerous industrial, warehouse, and distribution areas. Busy interchanges with I-90 and other major routes create frequent merging and lane-changing conditions for large trucks.
• I-495: Farther outside Boston, I-495 serves as an important route for commercial vehicles moving between I-90, I-93, I-95, and distribution centers throughout eastern Massachusetts. Truck crashes on this corridor can involve vehicles traveling long distances through the region rather than making deliveries within Boston itself.

We represent people injured in commercial truck accidents throughout Greater Boston and eastern Massachusetts, including Boston, Waltham, Burlington, Braintree, Norwood, Canton, Stoughton, and surrounding communities.

What Types of Truck Accident Cases Does Our Boston Office Handle?

Lionhart Injury Law is available to represent individuals injured in a wide range of commercial truck crashes throughout Greater Boston and eastern Massachusetts, including jackknife, rollover, underride, and wide turn crashes.

What Causes Jackknife and Rollover Accidents?

A jackknife occurs when a truck’s trailer swings outward at an angle to the tractor, potentially crossing multiple lanes of traffic. Hard braking, loss of traction, excessive speed, and sudden steering maneuvers can contribute to these crashes. Rollovers may result from excessive speed on curves, abrupt maneuvers, improperly loaded cargo, or a shifting load that affects the truck’s stability. Investigating these accidents may require reviewing driver conduct, vehicle data, maintenance records, and cargo loading and securement records.

What Is an Underride Accident?

An underride accident occurs when a passenger vehicle travels beneath the rear or side of a commercial truck or trailer. Federal regulations require rear impact guards on many trailers and semitrailers, subject to specified standards and exceptions, but there is currently no comparable general federal requirement for side underride guards. Because the passenger compartment can travel beneath the higher structure of the truck, underride crashes have a particularly high risk of catastrophic or fatal injuries.

How Do Wide-Turn and Intersection Accidents Happen?

Large commercial trucks require considerably more space to turn than passenger vehicles. During a right turn, a truck may swing left before turning or track across an adjacent lane, creating risks for motorists, bicyclists, and pedestrians alongside the vehicle. These maneuvering challenges are particularly relevant on Boston’s narrow streets and congested intersections. Failure to check blind spots, signal, yield, or account for surrounding traffic before beginning a turn can result in serious sideswipe, crush, and pedestrian or bicycle collisions.

How Does Massachusetts Law Apply to Boston Truck Accident Claims?

How Does Comparative Fault Affect a Massachusetts Truck Accident Claim?

Massachusetts follows a modified comparative negligence rule under M.G.L. c. 231, § 85. An injured person may recover damages if their negligence is not greater than the combined negligence of the person or parties from whom recovery is sought. Any award is reduced according to the injured person’s percentage of fault.

For example, a person found 20 percent responsible for a truck accident could recover 80 percent of their total damages. A person found 50 percent responsible could still recover 50 percent, but a person whose negligence exceeds 50 percent would be barred from any recovery. Because the allocation of fault can directly affect the amount recovered, evidence concerning the truck driver’s conduct, carrier practices, vehicle condition, and circumstances of the crash can be particularly important.

How Long Do I Have to File a Truck Accident Claim in Massachusetts?

Most Massachusetts personal injury claims must be filed within three years after the cause of action accrues under M.G.L. c. 260, § 2A. Wrongful death claims are also generally subject to a three-year limitations period under M.G.L. c. 229, § 2, although the statute contains a discovery provision that may affect when the period begins in some cases.

Different requirements apply when a public employer may be responsible. Under the Massachusetts Tort Claims Act, M.G.L. c. 258, § 4, a claimant generally must present a written claim to the appropriate executive officer of the public employer within two years after the cause of action arose. The civil action generally must be filed within three years. Because exceptions and additional requirements may apply, the deadline should be evaluated based on the specific circumstances of the accident. As an experienced Boston truck crash attorney, Attorney Hartigan can evaluate the facts of your case and explain the statute of limitations that may apply.

What Insurance Coverage May Be Available After a Commercial Truck Accident?

Commercial truck accidents can involve several potential sources of insurance coverage. Federal regulations generally require for-hire interstate motor carriers transporting non-hazardous property in vehicles with a GVWR of 10,001 pounds or more to maintain at least $750,000 in financial responsibility for public liability. Certain carriers transporting hazardous materials are subject to higher minimums of $1 million or $5 million, depending on the material and manner of transportation.

The federal minimum does not necessarily represent the total coverage available after a crash. A motor carrier may maintain coverage above the required minimum or have excess or umbrella coverage. If another business bears responsibility for the accident, such as a separate vehicle owner, maintenance provider, or cargo-loading company, its liability coverage may also become relevant.

Massachusetts law also provides a mechanism for identifying available coverage. Under M.G.L. c. 175, § 112C, an insurer must disclose an insured’s liability coverage limits to an injured claimant or the claimant’s attorney within 30 days after receiving a written request. Identifying the responsible parties and applicable insurance policies can therefore be an important part of evaluating a commercial truck accident claim.

What Compensation May Be Available After a Boston Truck Accident?

The compensation available after a commercial truck accident depends on the injuries, financial losses, and circumstances of the crash. Recoverable damages may include:

• Past Medical expenses: Compensation may include hospital bills, surgery, rehabilitation, medication, therapy, and other necessary medical treatment related to the injuries.
• Future medical expenses and long-term care costs: Serious injuries may require ongoing rehabilitation, additional procedures, assistive equipment, home modifications, or long-term personal care.
• Lost income: An injured person may seek compensation for wages and other earnings lost while unable to work because of the accident.
• Reduced earning capacity: When permanent injuries affect a person’s ability to return to the same occupation or earn income in the future, those losses may also be recoverable.
• Pain and suffering: Massachusetts permits recovery of pain-and-suffering damages in motor vehicle injury cases when the requirements of M.G.L. c. 231, § 6D are satisfied. The statute generally requires more than $2,000 in reasonable and necessary medical expenses, but that threshold does not apply to certain injuries, including death, fractures, loss of a body member, permanent and serious disfigurement, and certain losses of sight or hearing.
• Other non-economic losses: Depending on the circumstances, damages may also compensate for emotional distress and loss of enjoyment of life associated with the injuries.

When Attorney Hartigan meets with clients and learns about their case, he can advise on the specific types of damages that may be recoverable.

Can I Recover Punitive Damages in a Boston Truck Crash Case?

Punitive damages are generally not available for an ordinary Massachusetts negligence claim. In a wrongful death case, however, M.G.L. c. 229, § 2 permits punitive damages when the death was caused by malicious, willful, wanton, or reckless conduct or by gross negligence.

How Does PIP Coverage Work in a Boston Truck Crash Case?

Massachusetts Personal Injury Protection (PIP) coverage may also provide no-fault benefits for certain medical expenses and lost wages after a motor vehicle accident, subject to statutory requirements and coverage limits. PIP benefits are separate from a liability claim against a truck driver, motor carrier, or other party responsible for causing the accident.

How Can I Schedule a Free Consultation With a Boston Truck Accident Attorney?

We represent truck accident victims across Greater Boston and eastern Massachusetts from our office at 100 Cambridge Street, Suite 1400. We handle every truck accident case we accept on a contingency basis, meaning you pay no legal fees unless we obtain a recovery, and we advance all litigation costs. The time following a serious truck accident is critical for evidence preservation and case development.

To schedule a free consultation with a Boston truck crash attorney, call (617) 871-9093 or toll-free (855) 343-0997. There is no obligation, and it is a chance to get your questions answered.

 

Additional Resources:

• See also: Boston Car Accident Lawyer [Link to: /boston-car-accident-lawyer/]
• See also: Boston Motorcycle Accident Lawyer [Link to: /boston-motorcycle-accident-lawyer/]
• See also: Boston Personal Injury Lawyer