Wellesley, MA Truck Accident Lawyer
Injuries from truck collisions are often severe, and drivers might deal with medical complications and significant costs for years to come. If you have been injured in a truck accident, contact our team for help getting financial compensation.
You must overcome certain Massachusetts insurance laws before a lawyer can help you file a case against a negligent truck driver or their employer. We live in a no-fault auto insurance state where drivers must carry personal injury protection insurance. To sue for damages, you must prove you have a serious injury or that your medical costs are more than $2,000. Once we jump that hurdle, we can sue the trucker, the trucking company they work for, and possibly other drivers who contributed to the accident. Some common causes of truck crashes include overly tired drivers, improperly loaded cargo, and high rates of speed. The damages in your case should account for the high costs of the accident and the steep emotional and mental toll of everything.
Call (617) 925-6407 and ask our truck accident lawyers at the Law Office of John J. Sheehan for a confidential review of your case for no cost.
Taking Legal Action for a Truck Accident in Wellesley, MA
While injured drivers might want to hold negligent truckers and trucking companies responsible for causing accidents, there might be a few legal obstacles to overcome first. According to Mass. Gen. Laws Ch. 231 § 6D, Massachusetts is a no-fault state where drivers must be covered by personal injury protection insurance. After a crash, drivers must file claims with their own insurance, and coverage applies no matter who is to blame. A major component of no-fault insurance is that drivers are not permitted to sue for their damages unless specific thresholds are met.
You must establish one of two things to sue for damages after a truck accident. You must establish that your medical treatment costs exceed $2,000. Alternatively, you must show that your injuries resulted in death, the loss of a body part, significant disfigurement, or the loss of vision or hearing. Considering how serious many truck accidents are, many injured plaintiffs have little trouble meeting these criteria.
Treatment costs and other damages are often so high in truck accident cases that injured drivers exceed their insurance policy limits. A lawsuit might be necessary to recover the full extent of your damages.
Who is At Fault in Wellesley, MA Truck Accident Cases?
When filing a lawsuit for a truck accident, we need to identify the defendant. We should, of course, examine the truck driver for negligence. Depending on the situation, our truck accident lawyers can also help you sue their employer. We should also consider suing other drivers who somehow participated in the accident.
Truck Drivers
Negligence among truckers is a major concern on the highway and a common cause of truck accidents. Truckers often forego breaks and skip rest periods to complete trips faster. This often leads to very tired truckers who might fall asleep at the wheel.
Another major concern is a trucker who speeds. High rates of speed are infamous for how they worsen accidents. This is especially important in truck accident cases. Combine the immense size of the truck with dangerous speeds, and you have a perfect recipe for disaster.
Trucking Businesses and Companies
If we sue the truck driver, we might also be able to sue their employer. In many cases, employers are held vicariously liable for damages caused by negligent employees who were acting in accordance with their normal job duties. This often means trucking companies may be held responsible when their truckers cause accidents. Including truck companies in lawsuits is important because they often have greater financial resources to pay for damages.
Other Parties
Truck accidents sometimes result from multiple drivers acting negligently. While the trucker might have been speeding, another negligent driver might have cut them off or brake-checked them, causing the trucker to swerve into other cars. Both drivers may be held responsible for the crash.
The trick is identifying the other negligent drivers. They might have fled the accident, not realizing their role in causing it. We can check with law enforcement to see if they have identified other negligent drivers. Witnesses and even security camera footage might also shed light on the situation.
Potential Damages in Wellesley, MA Truck Accident Cases
Damages in truck crash cases are often quite significant. Injured plaintiffs not only deal with incredibly expensive medical care, but they also contend with damaged property, deep emotional suffering, physical pain, and diminished income if they cannot return to work.
Economic damages are measured in money. The more money it costs someone to recover from a truck accident, the greater their economic damages. For example, your economic damages may include medical bills, vehicle repair costs, and lost income. It is crucial that you keep a detailed record of your expenses after an accident so you can maximize your potential compensation.
Non-economic damages account for personal experiences. These damages are more subjective and are not always rooted in a financial cost. Even so, they may entitle you to significant financial compensation.
How to Gather Evidence in Truck Accident Cases in Wellesley, MA
Evidence to support your case might be found in unexpected places. If we believe certain business records maintained by the trucking company are relevant to the case, we can demand to see them. For example, certain business records might shed light on which drivers are assigned to drive on a certain day or what kind of training they might receive before starting the job. These records might also indicate how often truckers are required to stop and rest to prevent overly tired drivers from being on the road.
We should also check the area around the accident for cameras. Traffic or private security cameras might have recorded the accident on video. Such evidence can be very difficult for a defendant to challenge. Trucking companies sometimes equip cameras and recording devices on the truck itself.
We should talk to other people involved in the accident or nearby to see when it happened. Witness testimony can be very powerful, especially when multiple witnesses confirm your version of events.
Speak to Our Wellesley, MA Truck Accident Attorneys for Legal Support
Call (617) 925-6407 and ask our truck accident attorneys at the Law Office of John J. Sheehan for a confidential review of your case for no cost.
