Truck and Bus Accidents
The attorneys at Dailey & Borsellino, P.C. in Dedham recognize that the larger the vehicle the greater the likelihood that an accident results in catastrophic injury. Despite both the Federal and State Department of Transportation [DOT] and the National Highway Traffic Safety Administration’s [NHTSA] best efforts to regulate safety of these commercial motor vehicles, truck and bus accidents remain a daily occurrence. We all share the road with tractor trailers, 18 wheelers, box trucks and buses every day. The experienced lawyers at Dailey & Borsellino, P.C., have successfully prevailed in representing individuals and families injured in truck and bus accidents.
When investigating the cause(s) of a truck or bus accident, our lawyers scrutinize a number of factors, including but not limited to:
- Vehicle maintenance issues- vehicle maintenance history, brakes, tires, steering, engine, lights, differential.
- Cargo loads, overloading, load shift issues.
- Driver credentials, including training, experience, license, driving history, logbook, method of wage payment, mental and physical condition, fatigue (sleep pattern, sleep disorder (i.e. sleep apnea), medications, work schedule, distractions, cell phone usage, inattention, compliance with DOT regulations and DOT medical clearance for driving.
- Trip information, including intended and actual duration, distance, delay, familiarity of route, detour.
- Weather and road conditions at the time of the crash.
- Driver’s pre-trip safety or “circle” check of the vehicle, resulting accident investigation and/or reconstruction reports, citations/criminal violations, driver reports, witness statements.
- Speed of vehicles involved and traffic controls present.
- DashCam and surveillance footage.
- Training and operation manuals and guidelines issued to drivers from their employer.
After years of steady decline in highway deaths, unfortunately as recent as 2015 NHTSA reported that approximately 26,000 people were killed in traffic crashes in the first nine months of that year, compared to 23,796 for the same period the previous year. Crashes are occurring more frequently, cell phone usage is often a factor and is always a ripe avenue for investigation following a crash.
Under Massachusetts law buses [like taxis and trains] that hold themselves out to the public, such as those of the Massachusetts Bay Transportation Authority [MBTA], as providers of public transportation for a fee are deemed “common carriers.” These common carriers have a heightened duty of care to their passengers, because the law recognizes that vast numbers of the public regularly entrust their safety into the hands of the bus driver and the expectation is that the driver and condition of the bus are such that the passengers will be kept safe from the moment they enter until the moment they disembark and not be subject to injury for the duration. Unfortunately, accidents are a too common occurrence. Operator error remains a leading cause of accidents to this day. Injuries are often significant as the buses are not equipped with seat belts as are most passenger cars and sport utility vehicles. Our attorneys are aware that without the protection afforded by a seat belt in a crash, passengers can easily be hurled from their seat or if standing, knocked off balance, falling or crashing to the floor or against the interior of the bus. Given the number of accidents involving its bus fleet, the MBTA now utilizes on-board surveillance cameras capturing images of both the interior and exterior of the bus in order to help ascertain liability in case of accident and to remotely oversee bus security.
Having handled numerous truck and bus accidents, including a great number of MBTA bus accidents over the years, our trial attorneys are exceedingly knowledgeable with all the issues such accidents present that must be explored and we tackle any challenges aggressively in furtherance of our goal to achieve a favorable result for a satisfied client.Contact an Experienced Massachusetts Truck and Bus Accident Lawyer Today
Please call us at 781-329-9500 or use our contact form. Get your free legal consultation today with an attorney from Dailey & Borsellino, P.C.