Truck Accident Lawyer

Robert J. Hartigan is the founding attorney of Lionhart Injury Law, recognized as a Super Lawyers Rising Star in 2021, 2022, and 2026 and a Boston Magazine Top Lawyer in 2021. Robert has recovered more than $15 million for injured clients over nine-plus years, including a $6,000,000 result in a commercial trucking accident case involving catastrophic injuries to multiple plaintiffs — one of the largest personal injury results in his career. Truck accident cases demand a lawyer who understands both federal transportation regulations and state tort law in both Massachusetts and Georgia. Robert has that knowledge and the litigation experience to put it to work for you. He handles truck accident cases in Boston, Atlanta, and Decatur on a contingency fee basis with no fees unless he wins.

When a commercial truck collides with a passenger vehicle, the consequences can be devastating. A fully loaded tractor-trailer can legally weigh up to 80,000 pounds, and the tremendous force of a collision can cause catastrophic injuries, including traumatic brain injuries, spinal cord damage, multiple fractures, internal injuries, and permanent disabilities. For some victims, life after the crash may never look the same.

Truck accident cases are also far more complex than ordinary car accident claims. There may be multiple companies and insurance policies involved, federal trucking regulations to investigate, and critical evidence that needs to be preserved before it disappears. Meanwhile, trucking companies and their insurers often have experienced teams working to protect their interests almost immediately after a serious crash.

You need someone protecting yours.

I understand how to investigate commercial truck accidents, uncover what went wrong, identify every party that may be responsible, and pursue the full compensation available for what you have lost. As a truck accident attorney with nearly a decade of legal practice, I am ready to take on the trucking companies and insurers so you can focus on putting your life back together.

Call my office at 1-855-343-0997 to schedule a free consultation with an experienced truck accident lawyer for Massachusetts and Georgia.

Why Truck Accident Cases Are Different

Commercial trucking is heavily regulated. The Federal Motor Carrier Safety Administration (FMCSA) establishes safety regulations governing interstate motor carriers and commercial drivers, including rules addressing hours of service, driver qualifications, vehicle inspection and maintenance, and cargo securement. Depending on the truck and operation involved, additional federal and state regulations may also apply.

These rules can become an important part of determining why a truck accident happened and who should be held responsible. A serious truck accident investigation may involve reviewing:

• Hours-of-service records to determine whether the driver exceeded applicable driving limits or failed to take required rest periods
• Electronic Logging Device (ELD) records, when applicable, showing information relevant to the driver’s duty status and driving time
• Driver qualification records, including licensing, training, driving history, and other required documentation
• Inspection and maintenance records to determine whether the truck was properly maintained and whether known mechanical problems were addressed
• Cargo loading and securement records to determine whether shifting, overloaded, or improperly secured cargo contributed to the crash
• Drug and alcohol testing records, when relevant and legally discoverable
• Dispatch records, GPS information, and fleet-management data that may help reconstruct the truck’s movements before the collision
• Electronic vehicle data, when available, from the truck’s engine control module, event data recorder, telematics system, or other onboard technology

This evidence can help establish whether a driver, trucking company, or another party violated applicable safety requirements or otherwise acted negligently.

Some of this information can be overwritten, discarded, or otherwise become unavailable over time. That is why I act quickly after being retained in a truck accident case to identify potentially important evidence and send appropriate preservation or litigation hold letters demanding that relevant records and electronic data be preserved.

Multiple Parties May Be Responsible for a Truck Accident

One of the biggest differences between a truck accident and a typical two-car collision is the number of people and companies that may have contributed to the crash. Depending on the facts, potentially responsible parties may include:

• The truck driver: A driver may be responsible for speeding, distracted driving, fatigue, impaired driving, following too closely, unsafe lane changes, or other negligent conduct.
• The motor carrier or trucking company: A trucking company may face liability for its own conduct, such as negligent hiring, training, supervision, or maintenance, and may also be responsible for a driver’s negligence under applicable agency and vicarious-liability principles.
• The cargo loader or other company involved with the shipment: Improperly loaded, balanced, or secured cargo can shift during transit and contribute to rollovers, jackknife accidents, loss of control, or other crashes. Liability depends on the company’s role and conduct.
• A maintenance or repair company: A third-party maintenance provider may be responsible when negligent inspection or repair contributes to brake failure, tire problems, steering failures, or another mechanical issue.
• The truck or parts manufacturer: If a defective tire, brake component, steering system, or other vehicle component contributed to the collision, the manufacturer or another party in the product’s chain of distribution may potentially be responsible.
• Other companies or individuals: Depending on how the trucking operation was structured and how the accident occurred, other parties may also share responsibility.

I do not stop my investigation with the truck driver. I investigate the companies and individuals involved in the truck’s operation, maintenance, loading, and ownership to determine what went wrong, who may be legally responsible, and what insurance coverage and other sources of compensation may be available.

Georgia Truck Accident Law

Georgia follows an at-fault system, which means the driver, trucking company, or other party responsible for causing a truck accident may be held financially responsible for the injuries and damages that result. In a commercial truck accident, determining fault can be more complicated than in a typical car crash because multiple people and companies may have contributed to the collision.

How Long Do You Have to File a Georgia Truck Accident Claim?

Under O.C.G.A. § 9-3-33, you generally have two years to file a lawsuit for personal injuries arising from a truck accident. In a typical case, that period begins on the date of the crash.

However, exceptions can affect the deadline, and you should never assume that you automatically have two full years to act. Different rules may apply when:

• A government entity is involved, which can trigger separate and much shorter notice requirements
• The injured person is a minor or legally incompetent
• A criminal prosecution arising from the same incident affects the limitations period
• The accident results in a death, which can raise separate wrongful death and estate claims
• The claim involves property damage or another cause of action governed by a different limitations period

Truck accident cases also involve evidence that may disappear long before the statute of limitations expires. Driver logs, electronic data, dash-camera footage, maintenance records, dispatch communications, and other evidence should be identified and preserved as soon as possible.

What If You Were Partially Responsible for the Accident?

Georgia follows a modified comparative negligence system under O.C.G.A. § 51-12-33. If you are found partially responsible for the crash, your compensation can be reduced according to your percentage of fault. If you are 50% or more at fault, you generally cannot recover damages.

For example, if your damages total $500,000 but you are found 20% responsible for the accident, your recovery would generally be reduced by 20%, to $400,000.

This rule makes the investigation especially important when a trucking company or its insurer tries to shift responsibility to you or another party.

Truck Accidents in Atlanta

Atlanta is a major freight transportation hub, with commercial trucks traveling throughout the region on I-285, I-75, I-85, I-20, and other heavily traveled routes. The Atlanta Regional Commission’s freight planning data identifies several locations on I-285, I-75, and I-85 among the region’s highest-volume interstate locations for truck traffic, including portions of I-285 near Hartsfield-Jackson Atlanta International Airport.

The combination of heavy commercial truck traffic, congested interstates, complicated interchanges, and passenger vehicles sharing the same corridors creates the potential for serious collisions throughout Metro Atlanta.

When I handle an Atlanta truck accident case, I look beyond the immediate crash to determine why it happened, whether federal or Georgia safety requirements were violated, which parties contributed to it, and every source of insurance coverage and compensation that may be available.

Massachusetts Truck Accident Law

Massachusetts truck accident cases are governed by a combination of Massachusetts negligence law, automobile insurance law, and, when applicable, federal motor carrier safety regulations. Determining who is responsible may require investigating not only the truck driver’s actions, but also the conduct of the trucking company, vehicle owner, maintenance providers, cargo companies, and other businesses involved in the truck’s operation.

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

Under M.G.L. c. 260, § 2A, a Massachusetts personal injury lawsuit generally must be filed within three years after the cause of action accrues. In a typical truck accident case, that will generally mean three years from the date of the crash.

However, exceptions can affect the applicable deadline, and you should not assume that every truck accident claim gives you exactly three years. Different rules or additional deadlines may apply when:

• A government entity or public employee is involved
• The injured person is a minor or subject to another legally recognized disability
• The injuries are not readily discoverable until a later date
• The accident results in a death, potentially giving rise to a wrongful death claim with its own accrual rules
• The identity of a hit-and-run driver is discovered later, which is subject to specific statutory requirements
• Another type of claim arising from the accident is governed by a different statute or deadline

What If You Were Partially Responsible for the Accident?

Massachusetts follows a modified comparative negligence system under M.G.L. c. 231, § 85. You can still recover compensation if your negligence was not greater than the total negligence of the person or persons from whom you are seeking recovery, but your damages will be reduced according to your percentage of fault.

For example, if you suffered $500,000 in damages and were found 20% responsible for the crash, your recovery would generally be reduced by 20%, to $400,000. If you were 51% at fault, however, you would be barred from recovering under Massachusetts’ comparative negligence rule.

This makes a thorough investigation particularly important when a trucking company or its insurer attempts to shift some or all of the responsibility for the collision to you.

Who Can Be Responsible for a Massachusetts Truck Accident?

Liability is not necessarily limited to the person behind the wheel. Depending on the circumstances, I may investigate the truck driver, motor carrier, truck owner, maintenance and repair companies, cargo-loading companies, manufacturers, and other businesses or individuals whose conduct contributed to the crash.

Massachusetts law also contains a provision that can be important in commercial vehicle cases. Under M.G.L. c. 231, § 85A, evidence that a motor vehicle was registered in a defendant owner’s name is prima facie evidence that it was being operated by and under the control of someone for whose conduct that defendant was legally responsible. The absence of that responsibility is an affirmative defense for the defendant to prove.

Truck Accidents in Boston

Boston and the surrounding region are major centers of commercial transportation and freight activity. Trucks travel heavily used routes throughout Greater Boston, including I-90 (the Massachusetts Turnpike), I-93, Route 1, and the highway and tunnel system connecting Boston, Logan International Airport, and surrounding communities.

The region also includes substantial freight infrastructure. Commercial cargo activity associated with Logan International Airport, Chelsea, East Boston, and South Boston near Conley Terminal generates additional truck movement throughout the area. Massachusetts’ 2023 Freight Plan identifies major off-airport cargo facilities in Chelsea, East Boston, and South Boston, including hundreds of truck docks serving freight-related businesses.

When I handle a Boston truck accident case, I look beyond the immediate collision. I investigate why the crash occurred, whether state or federal safety requirements were violated, who controlled and operated the truck, which companies may share responsibility, and every available source of insurance coverage and compensation.

My Largest Case Result

I recovered $6,000,000 for the victims of a commercial trucking accident that caused catastrophic injuries to multiple people. That result reflects what is possible when a truck accident case is properly investigated, properly litigated, and properly tried. Every truck accident case I handle receives that same level of commitment.

Common Injuries in Truck Accidents

• The injuries I see in truck accident cases are among the most severe in personal injury law: traumatic brain injuries
• spinal cord injuries including partial and complete),
• traumatic amputations,
• crush injuries,
• multiple bone fractures requiring surgical repair,
• severe burns, and
• psychological trauma including PTSD. Many of my truck accident clients face permanent disability.

Serving Boston, Atlanta, and Decatur

I handle truck accident cases in every community served by Lionhart Injury Law. For information specific to your location, visit:

• Boston Car Accident Lawyer
• Atlanta Car Accident Lawyer
• Decatur Car Accident Lawyer

Frequently Asked Questions About Truck Accidents

What federal regulations apply to truck accident cases?

Commercial trucks are governed by Federal Motor Carrier Safety Administration (FMCSA) regulations covering hours of service (how long a driver can operate before mandatory rest), maintenance and inspection requirements, cargo securement standards, driver qualification and testing requirements, electronic logging device mandates, and drug and alcohol testing. Violations of these regulations constitute evidence of negligence. As a truck accident attorney with nearly a decade of legal practice, I am familiar with these regulations and how to obtain and use evidence of violations in litigation.

Why are truck accident cases more complex than regular car accident cases?

Truck accident cases involve federal regulations, multiple potentially liable parties, electronic data that must be preserved immediately, large commercial insurance policies with experienced defense teams, and injuries that are typically far more severe than in standard car accidents. The trucking company’s insurer often has investigators at the scene within hours of a major crash. You need legal representation that matches that level of preparation and resources.

Who can be held liable in a truck accident case?

Potentially liable parties include the truck driver for direct negligence; the trucking company under theories of negligent hiring, training, supervision, or vicarious liability; the cargo loading company if improperly secured cargo caused the crash; the truck manufacturer or component manufacturer if a defective part contributed to the accident; and the maintenance company if improper maintenance led to a mechanical failure. I investigate all of these possibilities in every truck accident case in seeking to obtain the maximum compensation possible.

What is black box data and why is it important in a truck accident case?

Many commercial trucks contain electronic systems that can provide valuable information about what happened before and during a crash. Depending on the truck and its equipment, data may be available from an engine control module (ECM), event data recorder (EDR), electronic logging device (ELD), telematics system, GPS, or other onboard technology. Although these systems are often collectively referred to as a truck’s “black box,” not every commercial truck is federally required to have an EDR.

Depending on the system, electronic data may help establish:

• The truck’s speed before the collision
• Changes in speed or acceleration
• Whether and when the brakes were applied
• Engine RPM and throttle information
• The truck’s location and movement
• The driver’s hours of service and duty status
• Other vehicle or operational information relevant to reconstructing the crash

This evidence can be extremely important when determining how a truck accident occurred and whether the driver’s or trucking company’s account is consistent with the electronic record.

However, electronic data may be overwritten, lost, or otherwise become unavailable if it is not identified and preserved quickly. When I am retained in a truck accident case, I act promptly to identify potentially relevant electronic evidence and send preservation or litigation hold letters demanding that the trucking company and other appropriate parties preserve relevant data, records, and evidence.

How long do I have to file a truck accident lawsuit in Massachusetts or Georgia?

In Georgia, you generally have two years to file a truck accident personal injury lawsuit under O.C.G.A. § 9-3-33. In Massachusetts, you generally have three years under M.G.L. c. 260, § 2A. Wrongful death claims generally have a two-year deadline in Georgia and a three-year deadline in Massachusetts, although the rules governing when those periods begin can differ. Exceptions, tolling rules, and shorter notice requirements may apply, particularly in claims involving government entities, so it is important to determine the specific deadline as soon as possible.

How much compensation can I recover after a serious truck accident?

Truck accident victims can recover economic damages including past and future medical expenses, lost wages, loss of earning capacity, and property damage, plus non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life.

Commercial trucking companies typically carry much larger insurance policies than individual drivers, and in severe cases, punitive damages may be available if the conduct was particularly egregious. The size of the recovery depends on the severity of the injuries, the evidence of fault, and the applicable insurance coverage.

What if the trucking company is based in another state?

Trucking companies operate across state lines and may be based anywhere in the country. This does not prevent me from pursuing them in Georgia or Massachusetts courts. Federal court jurisdiction is also available in many cases. I have experience pursuing out-of-state trucking companies in both state and federal court proceedings.

Should I speak to the trucking company’s insurance adjuster after the accident?

No. The trucking company’s insurance adjuster works for the company, not for you. Their goal is to minimize what the company pays. Anything you say can be used to reduce or deny your claim. Do not give any recorded statement to the trucking company, its insurance carrier, or any of their representatives before speaking with an experienced truck accident attorney. Call me first.

I’m Ready to Fight for You. Contact Lionhart Injury Law for a Free Consultation.
Boston: (617) 871-9093  |  Atlanta: (404) 239-5245  |  Decatur: (678) 321-8339  |  Toll-Free: (855) 343-0997
No fee unless we win. We advance all litigation costs.