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Brockton Truck Accident Lawyer

Truck collisions are among the most devastating events on Massachusetts roads. When an 80,000-pound tractor-trailer meets a passenger vehicle, physics ensures the smaller car, and everyone inside, absorbs the worst of the impact. If you or someone you love suffered injuries in a truck accident in Brockton, you deserve specialized legal representation that understands the unique rules, timelines, and tactics involved in litigating against powerful trucking interests. At Jeffrey Glassman Injury Lawyers, our dedicated Brockton personal injury team combines local insight with statewide and federal regulatory knowledge to maximize our clients' compensation.

Below, you’ll find an in-depth look at truck accident litigation in Brockton, covering everything from causes and liability theories to evidence-gathering strategies and frequently asked questions. This resource is designed to help injury victims and their families make informed decisions, but it is not a substitute for personalized legal advice.

Understanding Why Truck Accidents Happen in Brockton

Brockton’s busy mix of Route 24 interchanges, commercial corridors like Belmont Street (Route 123) and Main Street (Route 28), and industrial parks generates substantial heavy-truck traffic. While every crash is unique, recurring themes emerge:

  • Driver Fatigue. Long-haul drivers face pressure from carriers to deliver loads quickly. Hours-of-Service (HOS) violations—exceeding the federally allowed on-duty or driving hours—remain a leading cause of trailer-related crashes.
  • Distracted or Impaired Driving. Mobile phone use, GPS adjustments, and substance impairment increase reaction times and reduce situational awareness. Massachusetts’ hands-free law (effective February 2020) prohibits holding a phone while driving, but violations persist.
  • Improper Maintenance. Faulty brakes, worn tires, or malfunctioning coupling systems are often linked to skipped inspections or cost-cutting. The Federal Motor Carrier Safety Administration (FMCSA) requires pre-trip inspections and systematic maintenance under 49 C.F.R. § 396.3.
  • Overloaded or Unbalanced Cargo. Exceeding weight limits or failing to secure loads can lead to rollovers and jackknifes on Route 24’s tight curves. Shippers and loaders may share liability when cargo shifts cause loss of control.
  • Poor Driver Training or Hiring Practices. After the FMCSA’s 2022 Entry-Level Driver Training (ELDT) standard, carriers must verify completion of specific theory and behind-the-wheel modules. When employers cut corners, rookie operators may lack the skills to manage Massachusetts’ congested urban arterials.
Key Differences Between Truck and Car Accident Claims

Many assume a truck crash claim is just a “bigger” car accident case. In reality, several critical distinctions demand a lawyer with trucking-specific experience:

  • Multiple Potential Defendants. Truck driver (employee or independent); the motor carrier that owns or operates the vehicle; the broker or shipper who arranged the haul; trailer or component manufacturers, if defective parts contributed to the crash; maintenance contractors for negligent repair work.
  • Layers of Insurance. FMCSA rules require interstate carriers to carry at least $750,000 in liability coverage, while many airlines have $1 million or more. Umbrella policies and separate cargo insurance add complexity.
  • Extensive Federal Regulations. Claims often hinge on HOS logs, electronic logging device (ELD) downloads, driver qualification files, and drug and alcohol test results—records rarely present in passenger-vehicle collisions.
  • Catastrophic Damages. Life-changing injuries such as traumatic brain injury (TBI), spinal cord damage, burns, and wrongful death demand higher settlement values and expert life-care planning.
  • Rapid Response Investigation. Carriers deploy “go teams” within hours to control evidence. To protect victims, attorneys must send preservation letters immediately and sometimes pursue emergency court orders.
Massachusetts and Federal Laws Governing Truck Accident Litigation
  • Statute of Limitations. In Massachusetts, victims of personal injury and wrongful death generally have three years from the date of the crash to file suit (Mass. Gen. Laws ch. 260, § 2A). Some government-owned trucks may trigger 30-day presentment requirements under the Massachusetts Tort Claims Act, another reason to consult counsel early.
  • Comparative Negligence. Massachusetts follows a modified comparative negligence rule (Mass. Gen. Laws ch. 231, § 85). If a plaintiff is 50% or less at fault, damages are reduced by their percentage of liability; at 51% or more, recovery is barred. Insurance adjusters often exploit this concept, but skilled representation keeps blame where it belongs.
  • No-Fault PIP vs. Serious Injury Threshold. Under our no-fault auto system, personal injury protection (PIP) covers up to $8,000 of medical expenses and lost wages, regardless of fault. But serious injuries (over $2,000 in medical bills, fracture, permanent disfigurement, or substantial loss of function) allow victims to step outside no-fault and pursue full tort damages. Truck accident injuries almost always meet or exceed the threshold.
  • Federal Motor Carrier Safety Regulations (FMCSRs). Cover driver qualification (§ 391), hours of service (§ 395), inspection/repair/maintenance (§ 396), and more. Violations can establish negligence per se or be persuasive evidence of breach of duty.
Crucial Evidence in a Brockton Truck Accident Case

Prompt action preserves the proof needed to win:

  • Electronic Logging Devices (ELDs) capture driving hours and GPS location.
  • Event Data Recorder (EDR) “black box” data showing speed, throttle, and braking seconds before impact.
  • Dash-cam and traffic-camera footage is often overwritten within days if not requested.
  • Driver Qualification File containing medical certificates, training records, and prior crash history.
  • Load manifests and bills of lading to identify cargo weight and responsible shippers.
  • Post-collision drug and alcohol tests are required under 49 C.F.R. § 382.303.
  • Scene evidence: skid marks, debris fields, gouge marks, that fade quickly on busy roads like Route 24.
Steps to Take After a Truck Accident in Brockton

Your actions in the aftermath can significantly affect your legal options:

  • Seek Immediate Medical Treatment. Even if you feel “okay,” adrenaline masks pain. Early documentation links injuries to the crash.
  • Call 911 and Cooperate with the Police. Ensure the Brockton Police or the Massachusetts State Police Commercial Vehicle Enforcement Section completes a full report.
  • Gather Preliminary Information (if safe). Truck license plate, USDOT number, carrier name, and driver’s details.
  • Document the Scene. Smartphone photos of vehicle damage, road conditions, and visible injuries provide powerful visuals for adjusters and insurance companies.
  • Avoid Discussing Fault with Insurers. Carriers may seek recorded statements to undermine your claim. Consult with an attorney before providing a statement.
  • Contact Jeffrey Glassman Injury Lawyers. Faster engagement means better evidence preservation and medical lien management.
Special Considerations for Commercial Truck Cases in Massachusetts
  • Municipal and State Road Design. If improper signage, defective guardrails, or dangerous roadway design played a role, a notice of claim may need to be filed against a public entity within 30 days.
  • Snow and Ice Liability. New England winters create black-ice hazards. Carriers must adapt speed to conditions under 49 C.F.R. § 392.14 (“extreme caution”). Failure can establish negligence.
  • Under-Ride Collisions. Catastrophic roof crush injuries occur when a passenger car slides beneath a trailer. Litigation may involve underride-guard manufacturers and raise questions about FMVSS 223 compliance.
  • Punitive Damages. Massachusetts rarely awards punitive damages in negligence cases. Still, they may be available under the wrongful death statute (Mass. Gen. Laws ch. 229, § 2) when gross negligence or willful conduct, such as tampering with logs, is shown.
Damages You May Recover
  • Economic Losses. Medical bills, future rehabilitation, lost wages, diminished earning capacity, and home- or vehicle-modification expenses.
  • Non-Economic Losses. Pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life.
  • Wrongful Death Damages. Funeral costs, reasonably expected net income loss, and services the decedent would have provided to family members.
  • Punitive Damages (in limited circumstances) where conduct is outrageous or reckless.
How Jeffrey Glassman Injury Lawyers Maximizes Truck Accident Claims
  • Rapid Response Team. We deploy investigators and accident reconstructionists within hours to document skid marks, download ECM data, and inspect the vehicles before “repairs” erase the story.
  • Regulatory Expertise. Our attorneys track FMCSA rule changes, like the proposed speed-limiter mandate and hair-testing for controlled substances, to identify fresh negligence theories.
  • Litigation Resources. Semi-truck cases often require $50,000–$100,000 in expert costs. We advance these expenses, so you pay nothing unless we win.
  • Medical Liaison Services. Coordinating top trauma, orthopedic, and neurological specialists ensures our clients receive optimal care and creates a clear record of causation and prognosis.
  • Local Knowledge, Statewide Reach. Headquartered in Boston and deeply familiar with Plymouth County courts, we’ve resolved numerous claims arising from Route 24, I-495, and surface-street crashes.
Frequently Asked Questions About Brockton Truck Accident Claims
Q: “How Long Will My Case Take?”

Complex truck cases with catastrophic injuries often run 24–48 months before settlement or trial. Timelines vary based on medical maximum improvement (MMI), insurance coverage disputes, and whether litigation is filed in Plymouth Superior Court or U.S. District Court.

Q: “What if the Truck Driver Were an Independent Contractor?”

Under the FMCSRs, a motor carrier that placards its USDOT number on the vehicle may still be vicariously liable. We analyze lease agreements and insurance policies to pierce “independent” labels.

Q: “Do I Need to Pay Taxes on a Settlement?”

Generally, compensation for physical injuries is non-taxable under I.R.C. § 104(a)(2). However, punitive damages or pre-judgment interest may be taxable; we coordinate with tax professionals to structure awards advantageously.

Q: “Can I Recover if I Was Partially at Fault?”

Yes, provided your negligence is 50% or less. An experienced attorney will counter defense efforts to inflate your share of blame.

Q: “What if the Trucking Company Is Based Out of State?”

Federal jurisdiction rules (28 U.S.C. § 1332) and long-arm statutes allow suit in Massachusetts when the crash occurred here. We routinely litigate against carriers headquartered across the country.

Contact a Brockton Truck Accident Lawyer Today

Every hour that passes after a truck crash gives trucking companies more time to shift blame and shield assets. Jeffrey Glassman Injury Lawyers stands ready to level the playing field with cutting-edge technology, seasoned trial skills, and compassionate client service. If you were injured in Brockton or anywhere in Massachusetts, reach out for a free consultation. You pay no fee unless we secure compensation on your behalf.

  • Phone: (617) 777-7777 or our online form
  • Address: One International Place, Suite 1810, Boston, MA 02110
  • Service Area: Brockton, Boston, and all of Massachusetts

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