Boston Truck Accident Lawyer Outlines Liability and Regulations in 18-Wheeler Collisions
News related to:Colucci, Colucci & Marcus, P.C · 3 min read
Boston-based attorney Dino M. Colucci, from Colucci, Colucci & Marcus, P.C., has published a comprehensive guide on how liability is established in commercial trucking cases and the federal and state regulations that shape those claims. The guide, available at https://coluccilaw.com/boston-truck-accident-attorney/18-wheeler/, outlines the various factors that can determine liability in tractor-trailer crashes.
According to Colucci, identifying the cause of a crash is crucial in determining who bears responsibility. Driver-related causes include speeding, fatigue, hours of service violations, impairment involving alcohol or controlled substances, and improper lane changes or failure to yield. Equipment and company-related causes include faulty maintenance, improper lighting, overloaded or unsecured cargo, and defective brakes, tires, or other components.
Massachusetts adopts most Federal Motor Carrier Safety Administration (FMCSA) regulations, which establish the standard of care for commercial drivers and carriers. These regulations include: - Part 382, which governs testing for controlled substances and alcohol. - Part 391, which sets driver qualification standards. - Part 392, which addresses safe operation. - Part 393, which covers required parts and accessories. - Part 395, which limits hours of service. - Part 396, which requires inspection and maintenance recordkeeping. - Part 397, which regulates the transport of hazardous materials.
A commercial vehicle is defined as any vehicle with a gross weight rating of 10,001 pounds or more, one designed to carry more than 15 passengers, or one used to transport placarded hazardous materials. Liability in a tractor-trailer crash often extends well beyond the person behind the wheel. The trucking company may be held responsible for negligent hiring, inadequate training, supervision failures, or hours of service violations. Other parties, such as cargo loaders, maintenance contractors, manufacturers, and freight brokers, may also bear responsibility for their actions.
Evidence preservation is critical in these cases. The firm's investigation gathers onboard data reflecting speed, braking, and steering, hours of service records, driver qualification files, cargo manifests and weight tickets, scene photographs, and witness statements.
Insurance structure also distinguishes commercial claims from ordinary motor vehicle cases. Federal law requires interstate freight carriers to maintain minimum liability coverage of at least $750,000, and many commercial policies include an MCS-90 endorsement that obligates the insurer to pay injured members of the public. These higher limits expand the compensation potentially available, though commercial insurers defend these claims with substantial resources.
Recoverable damages generally include past and future medical expenses, lost wages and reduced earning capacity, pain and suffering, property damage, and wrongful death damages for surviving family members. Large truck crashes account for a disproportionate share of severe outcomes nationally, and dense traffic alongside severe winter weather on major corridors adds risk on Boston-area routes including Interstate 93, Interstate 90, Route 1, the Concord Turnpike, Interstate 95, and Interstate 495.
Steps taken immediately after a collision affect both health and the resulting claim. Contacting emergency services, requesting that an officer respond, photographing the vehicles and scene, and collecting contact and insurance details from the driver and any witnesses all support the later investigation. Massachusetts also requires a written accident report under Mass. Gen. Laws c. 90, Section 26 when anyone is killed or injured or property damage exceeds $1,000.
Filing deadlines apply throughout. The statute of limitations for personal injury claims in Massachusetts is three years from the date of the accident, and notice requirements can vary with the facts of a particular claim. The firm represents injured clients across Suffolk, Middlesex, Norfolk, Essex, Plymouth, Bristol, and Worcester counties, among others throughout the Commonwealth.
For those injured in a collision with a semi-truck or tractor-trailer in Boston, prompt legal review can preserve evidence that a commercial carrier is not obligated to retain indefinitely. Consulting a truck accident attorney may help identify every responsible party and every applicable insurance policy.