Truck Accident Lawyer in Berkshire County, MA
Truck accidents can be devastating, leaving victims with severe injuries and financial hardships. If you or a loved one were hurt in a truck accident in Massachusetts, you need an experienced Berkshire County truck collision lawyer on your side. Our truck accident attorneys at the Law Offices of Scott A. Sanes understand the complexities of truck accident cases and will work tirelessly to get you the compensation you deserve. Contact us today for a FREE case evaluation. Please call (413) 429-6400 or contact us online.
When there is a commercial truck accident, you can be assured that the at-fault party’s insurance company will be quick to avoid liability. Most large companies that own or lease large trucks are insured by large and powerful insurance companies that will do anything to avoid or reduce a payout to the victim. For over 40 years, Scott Sanes has won truck wreck cases against these insurance companies resulting in millions of dollars in damages for his clients. From rear-end collisions and blind spot wrecks to jackknife and cargo-related accidents, Scott is ready to fight your fight.
A semi-truck can weigh anywhere from 10,000 pounds (when empty) to 35,000 pounds. A fully-loaded tractor trailer can weigh up to 80,000 pounds and take 20%–40% more distance to stop than cars do: that’s about the length of two football fields! This is why commercial truck drivers have tremendous responsibility when driving on roads or on job sites.
There were 2,000 truck accidents in Massachusetts in 2022 resulting in 623 injuries and 46 deaths from commercial truck accidents: most involving two vehicles (29 deaths). Read the Safer Trucking Report from the Institute for Safe Trucking here for more information.
In Berkshire County, MA big rig accidents do happen and often result in serious or fatal injuries. These wrecks are most likely to occur in and around the largest city in the Berkshires, Pittsfield, and along Route 7, which winds through many small towns from North Adams to Lenox, Stockbridge to Great Barrington.
Truck drivers of 18 wheelers, large farm vehicles, dump trucks, buses, concrete, oil truck operators, and other large commercial vehicles have a heightened duty of care. They must drive slower because it’s more difficult to stop. They must take extra care when merging, changing lanes or turning because of the length of their vehicles. Many of these vehicles require extra training and commercial licenses to operate. And when big rigs are handled improperly and result in an accident, your life can be changed in an instant.
What is a commercial truck? To keep it brief; a commercial truck is any large or heavy truck used for commerce or heavy work.
In more detail, and according to the Commonwealth of Massachusetts, a commercial vehicle is “a single, full or semi-trailer, used in commerce, with a manufacturer’s gross vehicle with a weight rating over 3,000 lbs.; or any vehicle which has a vehicle weight, or curb weight, of more than six thousand pounds, as per the manufacturer’s description of said vehicle, unless such vehicle is a sport.”
Common Types of Truck Accidents
A truck accident is any collision or other incident involving a truck, such as an 18-wheeler or tractor trailer, delivery truck, tankers, or any large commercial truck. Due to the size and weight of these trucks, these collisions may cause significant damage to another truck or car, serious injuries, and fatalities. Here are the most common types of truck accidents:- Rear-end collisions
- Blind spot accidents
- Jackknife accidents
- Wide turn accidents
- Rollovers
- Tire blowouts
- Sideswipe accidents
- Cargo-related accidents
- Spillage of hazardous materials/toxins
Most Common Causes of Truck Crashes in Massachusetts
Human error is the most common cause of truck accidents. Another cause is truck part or parts misfunction due to poor maintenance. Here are the frequent causes of truck wrecks:
- Improper truck maintenance
- Overloaded or improperly loaded trucks
- Driving while fatigued or falling asleep
- Aggressive driving
- Distracted driving, such as cell phone use or eating
- Unsafe or improper passing or lane change
- Driving while intoxicated or under the influence
- Failure to yield the right of way
- Improper turns
- Speeding
- Tailgating
- Disregarding traffic signs and signals
- Reversing unsafely
- Using a cellphone while driving
- Inexperienced or unqualified drivers
Call the Law Offices of Scott A. Sanes Law today at (413) 429-6400 for a free consultation.
What to Do After Being Involved in a Truck Accident in Massachusetts
If you’ve been in an accident with a commercial truck and have been injured, take the following steps.
- Seek immediate medical attention! If injured, call 911 or ask someone to do it for you.
- Report the accident to the police.
- Exchange insurance information with the driver who caused the accident but do not discuss the accident. If the other driver talks, you can listen and write down what they say.
- Document the scene. Take photos or videos of the crash site and surrounds. What was the weather like? What were the lighting and road conditions?
- Notify your own insurance company.
- Don’t talk to the commercial vehicle driver’s insurance company or anyone else on the scene, other than police.
- Contact a truck accident law firm in Great Barrington, MA. You will need a lawyer who has deep experience in truck accident claims to ensure you get the right support and can claim the full damages that you are entitled to.
You have no control over what truck drivers do. You DO have control over what you do after the accident. Know that insurance companies are just businesses. They are concerned with making money for their business not paying out to their policyholders. Insurers try their hardest to settle car accident claims quickly and for lowest amount of money. Your injury due to the negligence of another is about YOU and the compensation you deserve.
Compensation You May Be Entitled to
There are different types of compensation that may be available to you. Every personal injury claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues—liability and damages. Was the defendant/truck driver liable for the damages you sustained, and, if so, what is the nature and extent of your damages? If you can prove liability and damages, our system of justice will award you compensation for your loss.
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of future earning capacity
- Impairment from daily or work activities
- Disfigurement
- Wrongful death damages (if applicable)
Watch this Scott Sanes video to understand more about truck wrecks and what has to be proved for compensation.
Why Choose Our Truck Accident Lawyers?
- Scott Sanes, an experienced truck accident attorney in Great Barrington, MA, has been a personal injury lawyer since 1982 and is the ONLY personal injury lawyer in the Berkshires with deep experience in questioning jurors during jury selection.
- We have won dozens of multi-million-dollar settlements and jury verdicts for clients and their families. Scott Sanes has helped hundreds of individuals who have suffered truck crash injuries through no fault of their own, and their families, to navigate a very complicated system.
- The Law Offices of Scott A. Sanes specializes in one area of law: personal injury law, also known at tort law. This has been Scott Sanes’ sole focus for over 40 years! He’s an expert at proving liability and damages so that the Massachusetts system of justice awards his clients for their loss.
- Almost all of our truck accident cases in Berkshire County, MA are resolved before going to court. This alleviates clients’ and families’ anxieties and accelerates payout for the victim or the victim’s loved ones. When we do try a case at the Berkshire County Superior Court in Pittsfield, MA, Scott expertly and aggressively makes your case to successfully win the compensation you deserve.
- When necessary, The Law Offices of Scott A. Sanes hires experts to prove your case; for example, engineering, medical, accident reconstruction, and mental health experts.
- We fight aggressively for maximum compensation.
- Scott Sanes is experienced, tenacious, responsive, and compassionate. He’s a fighter and also a great communicator always available by phone, email or text replying within 24 hours and often faster.
- We receive no fees unless we win! Personal injury attorneys work for a contingency fee at the end of your case. That means that we don’t get paid unless YOU get paid. There are no charges to you whatsoever. All consultations are free unless the attorney makes a recovery. At the conclusion of the case, the plaintiff (truck accident victim) or the family, agree upon a percentage that they should be reimbursed for their time and efforts in getting you compensation that you deserve. Watch this Scott Sanes YouTube video, “How do you compensate a personal injury attorney?”
The road to recovery is expensive. You CAN get the necessary money to get your life back on track. If you’ve suffered a significant injury due to no fault of your own, The Law Offices of Scott A. Sanes can help you get the financial compensation for your damages after the injury. Call (413) 429-6400 or contact us online to request your FREE consultation.
Client Testimonials and Success Stories
It’s a privilege to deliver results for our truck accident clients.
Side-Swiped by School Bus Resulting in Torn Knee Ligament
Scott Sanes represented a man who had been side swiped by a school district bus and suffered a torn ligament in his knee. When the city failed to recognize the nature and extent of his injury and disputed fault, Scott tried the case to a jury that found that the bus operator failed to exercise proper care when he didn’t make sure the lane was clear when merging. The jury awarded the personal injury client in excess of the $100,000 cap on damages against a school district.
Intersectional Dump Truck Collision Kills Woman.
Scott Sanes represented the family of a woman killed in an intersectional collision with a dump truck. After no other lawyer would take the case because the decedent had a stop sign requiring her to yield to oncoming traffic, Scott hired an accident reconstructionist that looked at the weight of the dump truck, the skid marks that the dump truck driver left on the road, the pitch of the road and other factors to determine that the dump truck driver was exceeding the speed limit by 10–20 mph as he approached the intersection. If the driver of the dump truck had been traveling the speed limit, therefore, he would have missed Scott’s client’s vehicle by 100–200Ft. After establishing these facts through deposition testimony, the insurance company for the dump truck owner settled the claim at mediation for a $250,000 payment to the surviving family members.
Oil Tanker Operator Failed to Yield Right of Way
An oil tanker operated did not yield right of way at an intersection resulting in an explosion upon impact when our client struck it broadside. We were able to obtain a multi-million dollar settlement for the burns suffered by client due to the truck operators neglect. The operators of the trucks that carry explosives, such as gasoline, must exercise the appropriate care to make sure they are not jeopardizing themselves and the traveling public.
Statute of Limitations for Massachusetts Truck Accidents
The sooner you retain a lawyer, the better chance to protect your right of recovery. If your accident involving a tractor trailer or other large commercial truck happened a few days, weeks, months or even YEARS in the past, it may not be too late to pursue legal action. Check out my video gallery here if you are wondering what the statute of limitations is for personal injury claims in Massachusetts. Each state has its own statute of limitations in personal injury claims. For example, Texas has a two year statute of limitations and Massachusetts has a three years statute. Depending on where the defendant resides or what state the accident occurred, the statute of limitations might vary. You must file a personal injury lawsuit within the statute of limitations to have a valid claim. In some circumstances there are certain notice requirements that require you to respond even quicker and in other circumstances the statute of limitations can be extended. That’s another important reason not to wait before you contact an attorney.
Truck Accidents Frequently Asked Questions (FAQs)
How is fault determined in a truck accident?
As in any automobile collision, the analysis of fault depends upon many factors to determine which driver, or both, failed to exercise proper care as a driver in contributing to cause the collision. The difference is that in collisions with truck drivers, they have specialized training and requirements when determining whether they failed to exercise proper care as a truck driver. For example, trucks can weigh several tons, so the driver must drive slower, especially in poor road conditions. Trucks have specialized air brakes that must be inspected and properly calibrated. Truck drivers have multiple gears and must operate their vehicle in the proper gear to stay in control. Trucks are more difficult to stop so a greater distance must be kept before vehicles in front of them so they can stop without striking them. An experienced personal injury attorney that has handled hundreds of truck collision knows the factors involved and can focus in on establishing the failure of truck drivers to exercise proper care in operating their particular type of truck.
What if I was partially at fault for the accident?
Just as the truck driver’s neglect is evaluated in a collision involving trucks, your behavior is also evaluated. The insurance company will immediately try to establish that your neglect contributed to the collision by evaluating your lookout, change of lanes, use of brakes and your speed. However, even if your own neglect contributes to the collision, you can still recover as long as your contribution is not more than 50% of the cause of the collision. For example, if a jury found you were 25% responsible for failing to control your speed, the truck driver would still be responsible for 75% of your damages awarded by the jury if his neglect was found to be 75% of the cause. An experienced personal injury lawyer will work hard to reduce the percentage of negligence that a jury would place on you for causing the collision to maximize your damages.
How long will it take to resolve my truck accident case in Massachusetts?
Several factors go into the length of time it takes to resolve a personal injury claim. The more serious the injury, the longer it takes for your recovery and prognosis to be determined. The more parties involved, including owners, employers and operators, can make the investigation longer. If your injuries are less serious, typically the matter can be resolved in a matter of months and, many times, without a lawsuit. If a lawsuit if necessary, It’s likely to take up to a year before formal discovery is exchanged, depositions are taken and a mediation can be held to resolve your claim. If your claim goes all the way to jury trial, it can be 2–3 years before you see the inside of a court room. An aggressive trial attorney knows how to keep the insurance company and its lawyers working so that they become interested in resolving the claim sooner than later.
Should I accept a settlement offer for my truck accident?
If your injuries are minor, it’s possible that the insurance company will pay your medical bills and potentially reimburse you for lost wages. However, if you have physical pain, mental anguish, impairment and/or disfigurement, it’s important that you have a free consult with an experienced personal injury attorney to determine if an attorney can obtain a settlement or jury verdict far in excess of what the insurance company will offer you.
Can an attorney arrange for me to see a doctor after a car wreck if I don’t have insurance?
Unfortunately, too many people do not have health insurance. If you need treatment for an injury caused by a negligent driver, a personal injury attorney can refer you to qualified physicians such as orthopedics, neurologist and pain specialists, who accept “letters of protection” and will treat you without payment up front. With your Lawyer’s guarantee, the doctors and therapists will wait and accept payment from the attorney once your case settles.
How do I prove the other driver is at fault if I am hurt by in a collision involving a truck?
The insurance company for the negligent truck driver is trying to prove it’s not the fault of their insured from the moment they are notified of the collision. Whether the negligent truck driver caused the collision by running a stop sign, disobeying a stop light, speeding or failing to keep a lookout, an immediate investigation is needed to prove the other driver is at fault. This includes the crash report prepared by an investigating officer, photos and video of the scene and damage to the cars involved, statements of witnesses and the use of experts trained in accident reconstruction. Your personal injury attorney will used all of these to prosecute your claim.
If an insurance company calls me after a collision involving a truck, should I talk to them?
For years you have heard TV characters say “anything you say, can and will be used against you in a court of law.” That is true of anything you say to an insurance carrier. A trained personal injury lawyer will do all of the talking for you. Once hired, you simply refer to your attorney rather than say something that can be used against you later.
If a truck driver, who caused a collision with my car, was working at the time, can I make a claim against his employer?
Under the legal theory of “respondeat superior,” the employer of a negligent employee who is acting in the course and scope of his employment, is responsible for the employee’s negligent acts. That is important in case the employee does not have enough money or insurance to compensate you. An experienced personal injury lawyer will always include the employer in the claim to make sure there is enough insurance to cover your damages.
If a truck driver is drunk when he caused a car wreck that hurt me, can I sue the bar that served him alcohol?
Under Dram Shop law, if the seller or provider of beverage containing alcohol sells or provides alcohol to a minor or to an adult who already appears intoxicated when served, the restaurant, bar, convenience store or even homeowner can be held responsible for the negligent acts of the intoxicated individual. If someone is drunk and hurts you, an experienced personal injury lawyer will seek compensation from the provider of the alcohol to make sure there is enough insurance to cover your injuries.
If I didn’t go to the ER or start to hurt until several days after an automobile collision with a truck, can I still make a claim?
Soft tissue injuries many times take a while to start to cause problems. If you don’t break a bone, but instead tear a tendon or ligament, swelling make take a day or even a week before it impacts your nerves and causes pain. Injuries such as bulging or herniated discs in your neck or back can be progressive and get worse with time. Many times our inclination is to wait and see if time heals. When it doesn’t heal, you need to consult with an experienced personal injury lawyer so that he can make sure you get the treatment and compensation you deserve.
If I had previous problems with my neck and back, can I make a claim if a collision involving a truck aggravated previous condition?
If a man is driving a truck of eggs and is rear ended, causing the eggs to break, it would not be fair for the negligent party to say “you should have been carrying rocks.” The same is true if you have previously existing conditions or are susceptible to injury because of your advanced age. The negligent driver is not only responsible for the injury to your body, but is also responsible for the aggravation, acceleration or incitement of any previously existing condition.
What types of damages can I claim from an automobile collision involving a truck?
In all personal injury claims the negligent person and their insurance carrier are responsible to compensate you for your physical pain, mental anguish, impairment and disfigurement in the past, as well as any of these elements of damage into the future. They are also responsible for your economic damages such as medical bills and loss of earning and capacity to earn in the past or future.
Contact the Law Offices of Scott A. Sanes today to speak to an experienced truck accident lawyer. Call (413) 429-6400 or contact us online here for a FREE consultation.
