Massachusetts Truck Accident Lawyer Serving Brockton and Southeastern MA
If you or someone you love was injured in a collision with a commercial truck, tractor-trailer, or 18-wheeler in Massachusetts, you are facing one of the most complex and high-stakes claims in personal injury law. At Shea Culgin Law, attorneys Robert Shea and Joseph Culgin bring more than 40 years of combined experience holding trucking companies and their insurers accountable across Brockton, Plymouth County, and all of southeastern Massachusetts. We handle every truck accident case on a contingency fee basis — you pay nothing unless we recover compensation for you.
A fully loaded tractor-trailer can weigh up to 80,000 pounds — roughly 20 to 30 times the weight of a typical passenger car. When that mass collides with a smaller vehicle, the results are often catastrophic or fatal. Nationally, more than 5,000 people are killed in large-truck crashes each year, and the overwhelming majority of those killed are occupants of passenger vehicles, not the truck, according to the Insurance Institute for Highway Safety. In Massachusetts, large trucks are involved in a disproportionate share of the most serious crashes — including roughly 28% of bicyclist fatalities and 5% of pedestrian fatalities between 2019 and 2023, based on federal crash data analyzed by the Massachusetts Department of Transportation.
Truck accident cases are not simply “bigger car accidents.” They are governed by a layer of federal regulation that does not apply to ordinary drivers, they involve multiple potentially liable parties, and they are defended by trucking companies and insurers who dispatch investigators to the scene within hours. Contact Shea Culgin Law today for a free, no-obligation consultation or call our Brockton office at 508-510-5107 before critical evidence disappears.
On This Page
- Why Truck Accident Cases Are Different
- What to Do After a Truck Accident in Massachusetts
- Types of Truck Accident Cases We Handle
- Common Causes of Truck Accidents
- Federal Trucking Regulations That Affect Your Case
- Who Can Be Held Liable in a Truck Accident
- Critical Evidence in a Truck Accident Claim
- Damages You Can Recover
- Why You Need a Truck Accident Lawyer
- Frequently Asked Questions
Why Truck Accident Cases Are Different From Car Accidents
Many people assume that a crash with a truck is handled the same way as a crash with another car. It is not. Several factors make commercial truck litigation a specialized field:
Federal Oversight
Interstate trucking is regulated by the Federal Motor Carrier Safety Administration (FMCSA), which imposes detailed rules on driver hours, vehicle maintenance, cargo loading, driver qualifications, and drug and alcohol testing. A violation of any of these Federal Motor Carrier Safety Regulations (FMCSRs) can establish negligence in your civil case. Ordinary car accidents have no comparable body of federal safety rules.
Multiple Layers of Insurance and Liability
A passenger car crash typically involves two drivers and two insurance policies. A truck crash can involve the driver, the motor carrier that employs the driver, the company that owns the trailer, the broker who arranged the load, the company that loaded the cargo, and the manufacturer of a defective part — each with its own insurer and its own defense lawyers.
Higher Insurance Limits — and Harder-Fought Claims
Federal law requires interstate trucking companies to carry a minimum of $750,000 in liability coverage for general freight, and up to $5,000,000 for trucks hauling hazardous materials. Those higher limits mean more is at stake, which is precisely why trucking insurers fight these claims so aggressively. A larger potential payout buys a more determined defense.
Rapid Evidence Destruction
Trucking companies are permitted to discard certain records — including driver logs and some inspection reports — after a matter of months. Electronic data can be overwritten. The truck itself may be repaired or returned to service. This is why sending a formal evidence-preservation (“spoliation”) letter immediately is one of the first things a truck accident lawyer does.
What to Do After a Truck Accident in Massachusetts
The steps you take after a truck crash protect both your health and the value of your claim.
Step 1: Call 911 and Get Medical Help
Always call the police after a truck crash. Under Massachusetts law you must report any crash involving injury, death, or more than $1,000 in property damage. Truck collisions almost always exceed that threshold. Accept medical evaluation at the scene even if you feel able to walk away — adrenaline routinely masks serious injuries.
Step 2: Document Everything You Can
If you are physically able, photograph the truck, its license plate, the U.S. DOT number printed on the cab door, the trailer, the cargo, all vehicle damage, road conditions, and your injuries. The DOT number is the key that lets your attorney identify the motor carrier and pull its federal safety record.
Step 3: Get the Driver and Company Information
Collect the driver’s name, license, and the name of the trucking company, in addition to insurance information. Note any visible identifiers on the truck and trailer.
Step 4: Do Not Give a Recorded Statement
The trucking company’s insurer may contact you within a day or two, often sounding sympathetic. Do not give a recorded statement and do not accept any quick settlement offer. Early offers are almost always a fraction of what a serious claim is worth.
Step 5: Contact a Truck Accident Lawyer Immediately
Because trucking evidence disappears quickly, the sooner a lawyer sends a preservation letter and begins investigating, the stronger your case. At Shea Culgin Law we move fast to lock down the truck’s data and the company’s records.
Types of Truck Accident Cases We Handle
Our firm represents victims of all types of commercial vehicle crashes in Massachusetts, including:
Tractor-Trailer and 18-Wheeler Crashes
The largest trucks on the road cause the most devastating injuries. These cases almost always implicate FMCSA rules and require accident reconstruction.
Jackknife Accidents
When a trailer swings out at a sharp angle to the cab, it can sweep across multiple lanes. Jackknifing often points to excessive speed, hard braking, improper braking systems, or poor road conditions the driver failed to account for.
Underride and Override Accidents
Underride crashes — where a smaller vehicle slides beneath the truck’s trailer — are among the deadliest because they shear off the passenger compartment. Missing or inadequate rear and side underride guards frequently play a role.
Rollover Accidents
Truck rollovers can result from speeding on curves and ramps, improperly loaded or shifting cargo, or tire failures.
Rear-End and Wide-Turn Collisions
A loaded truck needs far longer to stop than a car. Trucks also make wide right turns that can trap vehicles and cyclists alongside them. Both are common crash patterns in dense Massachusetts traffic.
Cargo-Related Accidents
Improperly secured or overloaded cargo can fall onto the roadway or shift in transit, causing the driver to lose control. These cases may bring the cargo loader and shipper into the claim.
Box Truck, Delivery Truck, and Garbage Truck Crashes
The explosion of e-commerce has put far more delivery and box trucks on local roads in Brockton and across southeastern Massachusetts, increasing collisions in residential and commercial areas.
Common Causes of Truck Accidents
Identifying the true cause of a truck crash is central to proving liability. The most common causes we see include:
Driver Fatigue
Despite federal hours-of-service limits, fatigued driving remains one of the leading causes of truck crashes. Pressure to meet delivery deadlines pushes some drivers to falsify logs or exceed their lawful hours behind the wheel.
Distracted Driving
Texting, dispatch communications, and onboard technology distract truck drivers just as they distract everyone else — but at 80,000 pounds, a few seconds of inattention is catastrophic.
Speeding and Aggressive Driving
Trucks require a much greater stopping distance. Speeding dramatically reduces the driver’s ability to avoid a collision and increases the force of impact.
Improper Loading and Overloading
Cargo that is overloaded, unbalanced, or inadequately secured affects braking, handling, and the truck’s center of gravity.
Inadequate Maintenance
Brake failures, worn tires, and defective equipment are leading factors in commercial truck crashes. Federal law requires regular inspection and maintenance, and the records create a paper trail of any neglect.
Impaired Driving
Alcohol, illegal drugs, and even some over-the-counter and prescription medications can impair a commercial driver. FMCSA rules mandate drug and alcohol testing after serious crashes.
Negligent Hiring and Supervision
When a trucking company hires a driver with a poor safety record, fails to train adequately, or ignores red flags, the company itself can be directly liable. Negligent-hiring and negligent-supervision claims are often the most powerful theories in a truck case because they reach the company’s own conduct, not just the driver’s.
Federal Trucking Regulations That Affect Your Case
The Federal Motor Carrier Safety Regulations create duties that ordinary drivers do not have. Proving a violation can be powerful evidence of negligence.
Hours-of-Service Rules
Under FMCSA rules, a property-carrying driver may drive a maximum of 11 hours after 10 consecutive hours off duty, may not drive beyond the 14th consecutive hour after coming on duty, must take a 30-minute break after 8 cumulative hours of driving, and is limited to 60 hours on duty in 7 days or 70 hours in 8 days. Violations of these limits are strong evidence of fatigue-related negligence.
Electronic Logging Devices (ELDs)
Most commercial trucks must record driving time with an ELD that automatically logs hours, engine activity, and movement. ELD data is often the single most important piece of evidence in a fatigue case — but it can be overwritten, which is why preserving it quickly is essential.
Driver Qualification and Testing
Carriers must verify a driver’s commercial license, medical fitness, and driving history, and must conduct drug and alcohol testing, including after qualifying crashes.
Inspection, Maintenance, and Cargo Securement
Federal rules require systematic inspection and maintenance and set detailed standards for how cargo must be secured. Failure to comply, documented in the carrier’s own records, supports a negligence claim.
Who Can Be Held Liable in a Truck Accident
One of the most important advantages of a truck accident claim is that liability often extends well beyond the driver. Potentially responsible parties include:
- The truck driver — for negligent or reckless operation.
- The motor carrier (trucking company) — for the driver’s conduct under respondeat superior, and directly for negligent hiring, training, supervision, or pressuring drivers to violate safety rules.
- The trailer or truck owner — when the equipment is leased or owned by a separate company.
- The cargo loader or shipper — for improperly loaded, overloaded, or unsecured freight.
- A maintenance or repair contractor — for negligent service that caused a mechanical failure.
- A parts or vehicle manufacturer — for a defective brake, tire, or underride guard, under product liability law.
- A broker — in some cases, for negligently selecting an unsafe carrier.
Identifying every liable party matters because each carries its own insurance coverage. The more sources of recovery, the better your chance of being fully compensated for catastrophic injuries.
Critical Evidence in a Truck Accident Claim
Truck cases are won and lost on evidence that the trucking company controls — and that it has every incentive to lose. Key evidence includes:
- ELD and electronic control module (“black box”) data — driving hours, speed, braking, and throttle in the moments before the crash.
- Driver logs and trip records — to compare against the electronic data for falsification.
- The driver’s qualification file — license, medical certificate, training, and driving history.
- Drug and alcohol testing results from after the crash.
- Maintenance and inspection records for the truck and trailer.
- Cargo and weight documentation, including bills of lading and loading records.
- Dashcam and surveillance footage.
- The carrier’s federal safety record, accessible through the FMCSA.
Because many of these records can be lawfully destroyed within months, a prompt spoliation letter and, where necessary, a court order are critical. The sooner you involve a lawyer, the more evidence survives.
Damages You Can Recover After a Truck Accident
Massachusetts law allows truck accident victims to recover both economic and non-economic damages:
Economic Damages
- Past and future medical expenses, including surgery, rehabilitation, and long-term care
- Lost wages and loss of future earning capacity
- Property damage
- Out-of-pocket costs related to the injury
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium for spouses and family members
- Disfigurement and permanent disability
Wrongful Death and Punitive Damages
When a truck crash causes a death, surviving family members can pursue a wrongful death claim under MGL Chapter 229, Section 2. Massachusetts also allows punitive damages in wrongful death cases where the conduct was willful, wanton, or reckless — for example, a company that knowingly put a dangerously fatigued or unqualified driver on the road.
Why You Need a Truck Accident Lawyer
Trucking companies and their insurers are sophisticated, well-funded adversaries who begin building their defense before you have left the hospital. An experienced truck accident lawyer levels the field by:
- Sending immediate evidence-preservation letters to stop the destruction of logs and data
- Identifying every liable party and every applicable insurance policy
- Retaining accident reconstruction experts, engineers, and medical specialists
- Decoding ELD and black box data and the carrier’s federal safety record
- Proving FMCSA violations and negligent-hiring claims that reach the company itself
- Negotiating from strength — and trying the case if the insurer refuses to be fair
At Shea Culgin Law, we prepare every truck case as if it is going to trial. That posture is what produces serious settlement offers. We serve clients throughout Brockton, Plymouth County, and southeastern Massachusetts.
Frequently Asked Questions About Truck Accidents in Massachusetts
How long do I have to file a truck accident lawsuit in Massachusetts?
You generally have three years from the date of the crash to file a personal injury lawsuit in Massachusetts, under MGL Chapter 260, Section 2A. If the crash caused a death, the wrongful death statute of limitations is also three years, running from the date of death under MGL Chapter 229, Section 2. Despite the three-year window, you should act quickly — much of the most important trucking evidence can be lawfully destroyed within months.
Why are truck accident cases more valuable than car accident cases?
Two reasons. First, truck crashes tend to cause far more severe injuries because of the size and weight disparity, which means larger damages. Second, trucking companies carry much higher insurance limits — a federal minimum of $750,000 for general freight and up to $5,000,000 for hazardous materials — and there are often multiple liable parties, each with separate coverage. More severe injuries plus more available insurance generally means a higher-value claim, though every case turns on its specific facts.
Who can be held responsible for a truck accident besides the driver?
Many parties can share liability: the trucking company (for the driver’s conduct and for negligent hiring, training, or supervision), the owner of the truck or trailer, the company that loaded or shipped the cargo, a maintenance contractor, a parts or vehicle manufacturer for defective equipment, and sometimes the freight broker. Identifying every responsible party is essential because each carries its own insurance.
What is an ELD and why does it matter in my truck accident case?
An Electronic Logging Device (ELD) automatically records a commercial driver’s hours of service, engine activity, and vehicle movement. It is often the most important evidence in a fatigue-related crash because it shows whether the driver exceeded federal hours-of-service limits and what the truck was doing in the seconds before impact. ELD data can be overwritten, so it must be preserved quickly through a formal demand or court order.
What are the federal hours-of-service limits for truck drivers?
Under FMCSA rules, a property-carrying commercial driver may drive a maximum of 11 hours after 10 consecutive hours off duty, may not drive beyond the 14th hour after coming on duty, must take a 30-minute break after 8 cumulative hours of driving, and is capped at 60 hours on duty in 7 days or 70 hours in 8 days. Driving in violation of these limits is strong evidence of negligence.
Can I still recover if I was partly at fault for the truck crash?
Yes, as long as you were not more than 50% at fault. Massachusetts follows modified comparative negligence under MGL Chapter 231, Section 85. If you are 50% or less at fault, you can recover, but your award is reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover. Trucking insurers routinely try to shift blame onto the injured driver, which is one reason experienced representation matters.
How much does it cost to hire a Massachusetts truck accident lawyer?
Nothing upfront. Shea Culgin Law handles truck accident cases on a contingency fee basis — our fee is a percentage of what we recover for you, and if we do not win, you owe us no attorney’s fee. The initial consultation is always free.
What should I do if the trucking company’s insurer contacts me?
Do not give a recorded statement and do not accept any settlement offer before speaking with a lawyer. Trucking insurers often reach out quickly with low offers, knowing that an early settlement is far cheaper than a fully developed claim. Politely decline and tell them your attorney will be in contact.
Injured in a Truck Accident? Get Experienced Help Now.
Truck accident claims are complex, time-sensitive, and fiercely defended. The attorneys at Shea Culgin Law have spent over 40 years fighting for seriously injured accident victims in Brockton and across Massachusetts — and we are ready to take on the trucking companies and their insurers on your behalf.
- Free consultation — We will review your case at no cost
- No fee unless we win — You pay nothing unless we recover for you
- We move fast — Preserving evidence early can make or break a truck case
- Local and accessible — Our office is at 1350 Belmont St, Suite 109, Brockton, MA 02301
Contact Shea Culgin Law today for a free case evaluation, or call 508-510-5107. We serve clients throughout Brockton, Plymouth County, and southeastern Massachusetts.





