Melrose, MA Truck Accident Lawyer
Truck accidents, even when minor, might have disastrous consequences for victims in Melrose, causing them to pursue litigation against negligent parties.
Truck accidents happen most on highways and during times of low visibility, like at night or during periods of bad weather. Such crashes are typically due to negligence on behalf of truck drivers, such as speeding or driving while fatigued. After a truck accident, victims should immediately identify the filing deadline for their claims, which will be three years from the accident’s date. Our lawyers can then determine who is liable for your injuries and damages, which could result in us bringing a claim against the truck driver and their employer. In your complaint, we will request compensation for all your damages, both economic and non-economic.
Call the Melrose, MA truck accident lawyers of the Law Office of John J. Sheehan at (617) 925-6407 to get a free case assessment.
What to Know About Melrose, MA Truck Accidents
Learning more about where, when, and why truck accidents happen in Melrose can help victims prepare for what to do should they find themselves in such a situation. Generally, truck accidents happen most on highways, at night, and because of negligence.
Where They Happen
Commercial trucks are often seen on highways in and around Melrose, like Route 1. Though truck drivers sometimes veer into neighborhoods to make deliveries, they often stay on busy roads. When truck accidents take place on highways, they might happen at high speeds. This can increase the risk of serious and fatal injuries for victims, especially during head-on or T-bone collisions with trucks. Accidents might also happen at intersections or when truck drivers try merging on or off of highways.
When They Happen
Truck accidents happen often at night, as truck drivers typically work well into the evening when making deliveries. This presents the risk of drowsy driving, a top cause of truck crashes in Melrose and elsewhere.
Certain situations could increase the chances of an accident, such as if a truck driver attempts to merge into another lane without properly checking their blind spot for passenger cars. Truck accidents could happen more often during winter months when roads get icy or during periods of bad weather.
Why They Happen
Negligent vehicle operation is a top cause of truck accidents. Commercial truck drivers might operate vehicles while fatigued, reducing their reaction times. Or truck drivers attempting to make delivery deadlines might speed through residential neighborhoods in Melrose, striking a pedestrian or another driver on the road.
Truck accidents might happen due to a series of negligent acts. For example, a trucking business might have failed to check a driver’s qualifications before hiring them, making the company liable for a victim’s damages. However, if the driver also acted negligently when causing the accident, such as speeding, they could still share fault and be held accountable in a lawsuit.
Other causes of these accidents include mechanical failure and other negligent passenger cars on the road that cause multi-vehicle accidents involving trucks. Furthermore, major potholes or other glaring road defects might contribute to or cause crashes.
What to Know About Truck Accident Lawsuits in Melrose, MA
If you have cause to sue for a truck accident in Melrose, our lawyers can prepare you for what will come next and explain when you must file your lawsuit, who you can sue for damages, and what damages to request in your complaint.
When to File Your Claim
When determining when to file your claim, our truck accident lawyers will consider the statute of limitations for motor vehicle injury lawsuits, which is three years, as dictated by Mass. Gen. Laws Ch. 260, § 2A. Courts strictly enforce this deadline, so you should not miss it for any reason.
On top of noting the statute of limitations, our lawyers will also consider the best time to file your lawsuit, strategically speaking. For example, we will want to wait long enough for you to accumulate damages and appreciate your injuries but not too long for you to appear uncommitted to your case. We can help you strike this balance so that you ultimately get compensation for the damages you incurred from the accident.
Who to File Your Claim Against
Who you sue will depend on the facts of your case. Victims may have claims against negligent truck drivers and the companies that employ them. However, the employer cannot be vicariously liable if the driver is an independent contractor instead of a regular employee.
Furthermore, suppose the truck accident was due to mechanical failure. In that case, only the trucking company, not the driver, may be liable, provided the company owns the truck in question.
When it comes time to allocate liability for your various damages, dividing up fault appropriately will be necessary. This is why exploring all involved parties’ possible negligence or recklessness is vital.
What to Damages Request
It is also important to know what damages to request compensation for in your claim. Victims can generally seek damages for financial and emotional losses due to an accident, so long as they meet the serious injury threshold in Massachusetts as laid out in Mass. Gen. Laws Ch. 231, § 6D. Because trucks typically cause serious injuries to victims, they may meet the medical damages threshold of $2,000 relatively easily and sue for non-economic damages. If you do not pass the serious injury threshold, you can still sue for economic damages like lost wages and medical costs, just not pain and suffering.
When preparing your case, our lawyers will gather all evidence of your financial and non-financial losses so that we can submit sufficient proof of damages if your lawsuit goes to trial in Melrose.
Call Our Melrose, MA Accident Attorneys Today
Call the truck accident lawyers of the Law Office of John J. Sheehan at (617) 925-6407 to get a free case assessment.
