Losing a family member in a crash with a commercial truck raises an immediate, painful question: does the law actually give surviving family members a way to hold the responsible parties accountable? In Massachusetts, the answer is yes, though the process involves specific rules about who can bring the claim and what compensation is actually available.
Who Can File a Wrongful Death Claim
Massachusetts wrongful death claims are governed by Massachusetts General Laws Chapter 229, Section 2. Under this statute, the claim must be brought by the personal representative of the deceased’s estate, not directly by individual family members. However, the compensation recovered flows to a specific, exclusive list of beneficiaries defined under the statute, generally starting with a surviving spouse and children. If the deceased left a spouse, that spouse and any children share in the recovery, and parents of an unmarried decedent generally cannot claim a share if a spouse survives. Understanding exactly where your family fits within this structure often needs to happen early in the process.
Liability Involving Commercial Trucks
Trucking accidents involve a layer of complexity that a typical car crash doesn’t. Liability may extend beyond the truck driver to the trucking company itself, particularly when a crash traces back to driver fatigue, inadequate training, or pressure to violate federal hours of service rules. Massachusetts has also taken its own steps to address truck related dangers directly. Under the Massachusetts Truck Safety Devices Law, certain large trucks operating in the Commonwealth must be equipped with safety devices designed to improve driver visibility and reduce the severity of crashes involving pedestrians and cyclists. A truck’s compliance, or noncompliance, with these requirements can become an important piece of evidence in a fatal crash investigation.
What Compensation May Be Available
Massachusetts wrongful death damages are intended to reflect the fair monetary value of the deceased to the surviving beneficiaries, which can include loss of income, loss of companionship, care, and guidance, and reasonable funeral and burial expenses. If the deceased survived the initial crash for any period of time, a separate claim for conscious pain and suffering may also be available under Chapter 229, Section 6. In cases involving especially reckless conduct, such as a trucking company knowingly permitting a driver to operate while dangerously fatigued, Massachusetts law also allows for punitive damages of at least five thousand dollars when the death resulted from malicious, willful, wanton, or reckless conduct.
Call Our Experienced Wrongful Death Attorneys Today
No legal claim can undo the loss of a loved one, but pursuing accountability can provide real financial stability and a measure of closure for a grieving family. Our Boston wrongful death attorneys at Tetzel Law understand how to investigate a fatal trucking accident thoroughly, from driver logs to company safety records. Contact us online or call (617) 742-1700 today for a free consultation to discuss what happened to your family.