Evidence disappears quickly — that is why timing matters
Modern tractors record speed, braking, throttle and hours of service electronically. Some of that data cycles out on its own; some of it is simply not preserved once a carrier's own investigators have finished. Getting a spoliation letter to the carrier early is often the difference between proving what happened and arguing about it.
- Electronic control module and telematics data
- Electronic logging device records showing hours behind the wheel
- Driver qualification file, training records and drug and alcohol testing
- Maintenance and inspection history for the tractor and trailer
- Bills of lading, dispatch records and cargo loading documentation
- Dashcam and nearby surveillance footage
More than one company may be responsible
Truck cases rarely end with the driver. Depending on the facts, the motor carrier, the company that owned the trailer, a maintenance contractor, the shipper that loaded the cargo, or a broker that hired an unsafe carrier may all share liability. Each one carries its own insurance, and identifying every responsible party is what determines whether there is enough coverage to cover a catastrophic injury.
Federal safety rules become your evidence
Interstate carriers operate under the Federal Motor Carrier Safety Regulations, which govern how long a driver may be on duty, how loads must be secured, how vehicles must be inspected, and who is qualified to drive at all. When a carrier breaks one of those rules and someone is hurt, the violation itself becomes powerful evidence of negligence.
Common causes we investigate
- Driver fatigue and hours-of-service violations
- Improperly secured or overweight cargo shifting in transit
- Brake failure and skipped maintenance
- Blind-spot and wide-turn collisions
- Jackknifing and rollovers in poor weather
- Unqualified drivers a carrier should never have hired
Frequently asked questions
Why is a truck accident case different from a car accident case?
Three reasons: the injuries are usually more severe because of the weight difference, federal regulations apply on top of Massachusetts negligence law, and the evidence is largely electronic and controlled by the carrier. That combination makes early investigation far more important than in a typical car crash.
How soon should I contact a lawyer after a truck crash?
As soon as you reasonably can. Carriers often have an investigator at the scene the same day. The sooner we can send a preservation letter and request the electronic data, the less chance that key evidence is gone by the time anyone asks for it.
The trucking company's adjuster called me already. Should I talk to them?
Not before you have your own representation. That adjuster's job is to limit what the carrier pays, and a recorded statement taken while you are medicated or still in shock is very hard to undo later.
What if the driver was an owner-operator and not an employee?
It often does not matter as much as carriers suggest. A motor carrier can still be responsible for a driver operating under its authority, and there may be additional claims against a broker or shipper. We look at the contracts, not just the job title.
