When trucking or commercial vehicle accidents occur, there is a substantial likelihood of property damage, personal injury, and potential catastrophic harm to drivers, passengers, or pedestrians. When there is a question of fault involved, competing interests between the injured parties, the insurance carriers, and law enforcement will undoubtedly arise. Drivers and their employers may face both civil and criminal litigation contemporaneously. Therefore, the company’s driver and counsel for the trucking company must carefully consider their defense strategy immediately following any accident to protect the varying interests of all involved.

Criminal charges arising from trucking or commercial vehicle accidents can range from minor to severe, varying from marked lane violations, speeding, exceeding allowable weight limits, to vehicular homicide charges. By way of example, MG+M attorneys defended a trucking operator (and parent corporation) when a driver inadvertently struck a tow truck operator who was assisting a disabled vehicle on the Massachusetts Turnpike, resulting in the death of the tow truck operator. The Commonwealth of Massachusetts charged the driver with motor vehicle homicide by negligent driving, among other charges, and shortly thereafter, representatives on behalf of the deceased tow truck operator filed a civil complaint against the truck driver and his employer (for vicarious liability), alleging wrongful death as well. The civil case resolved following a successful mediation with no personal or excess exposure. Diligent and careful cooperation between the civil and criminal defense teams beginning from the time of the crash led to this favorable outcome.


Continue Reading Defending Commercial Vehicle Accident Civil Claims with Companion Criminal Litigation: A Balancing Act