If you are involved in an auto accident, you should work with a lawyer who understands your case. Our attorneys understand basic car accident cases, plus the additional issues that are added into the mix when dangerous commercial trucks or vulnerable motorcycle riders are involved.
We can go up against insurance companies, trucking companies, and difficult cases to help you get the compensation you need. When you are injured and need compensation, never depend on insurance to have your best interests in mind.
For a free case review, call our car, truck, and motorcycle accident lawyers at the Law Office of John J. Sheehan at (617) 925-6407.
Do I Have a Case?
Our lawyers can assess the facts of your situation to determine whether you have a case and how strong it is.
Elements
To make out the basic elements of a car accident claim, you need to be able to prove these four facts:
- The defendant owed you a legal duty
- They breached that duty
- The breach caused your accident
- Your accident involved injuries and damages.
This often means showing they did something wrong behind the wheel, whether it was an explicit traffic violation or not. For example, speeding, drunk driving, or distracted driving should all satisfy these elements if that violation caused your crash.
Strength of Your Case
Your case is always stronger with more evidence. For example, additional witnesses who can back up your claim would be helpful, especially people from other cars or strangers who saw the accident and came to give a statement. Additionally, pictures, video, and good sketches of the crash scene help as well.
Lastly, you need to have serious injuries to have a strong case. While you can go through the trouble of a lawsuit for mild injuries, it often is not worth it. On the other hand, juries see serious injuries – and extensive proof of your damages – as something worth paying you for.
What Evidence Do I Need for a Car Accident Case?
As mentioned, witness statements, medical records, and pictures/video all help you prove your case. However, cases can be built on a wide array of evidence.
Most cases involve eyewitness testimony, including your own. However, you can also get expert witnesses to testify in cases where medical, technical, or scientific information is important. This can include economic experts and medical experts talking about your disability and its effect on future income. It can also include accident reconstruction experts piecing the crash together.
If there is security camera or dash cam footage of the crash, this will be some of the strongest evidence you have. It shows the jury exactly what happened, though it might not always show your perspective or reaction to the crash.
Photos are also helpful to show what the area looked like, what traffic control devices were in place, what damage resulted, and how the cars hit each other.
Our car, truck, and motorcycle accident lawyers can get much of this evidence for you, especially medical records.
What if My Crash Involved a Commercial Truck?
Garbage trucks, dump trucks, and 18-wheelers often cause more serious damage and injuries in crashes. These trucks are driven by drivers who often have additional licensing and safety requirements. They are also operated by trucking companies that have additional regulations to follow, especially for 18-wheelers.
When truckers and trucking companies violate these rules, we can use those violations to help prove fault. We can also potentially go after the company directly, helping ensure there is money to pay for the crash instead of being forced to bring the case against an individual truck driver, whose ability to pay is questionable.
How Riding a Motorcycle Can Affect My Case
If you were on a motorcycle when the crash happened instead of inside a car, you might face more serious injuries. Other drivers and their insurance companies will also try to use that to blame you for your injuries, but this is nonsense, given the fact that driving a motorcycle in Massachusetts is perfectly legal.
Nonetheless, there is often a stigma against motorcycle riders, and it will be our attorney’s job to show the court you were being careful and that the other driver was the dangerous one. This is often borne out by the facts and evidence in your case.
What is My Car Accident Injury Claim Worth?
Our lawyers can put a fair value on your case by looking into the lost earnings, reasonable medical costs, and pain and suffering you faced. We have calculation methods we can employ, plus we can make arguments about your specific facts to help adjust the case to your needs.
Insurance carriers will often aim low, hoping that you settle. We will likely need to show them the evidence we have and demonstrate to them that the facts are on our side before they agree to a settlement.
Most cases will settle, but it is vital that you talk to us about your case before settling. If you sign anything or accept money, you might end your case early. Some damages paid by your insurance can be accepted without losing the rest of your case, but you should always go over papers and communications with your lawyer to avoid accidentally signing away your rights.
If the defense refuses to pay a fair value, we can fight them in court.
What Happens if My Case Goes to Trial?
Trials can take years in many cases, but they can be worth it. At trial, the judge answers the legal questions, but the jury decides the truth of what happened. They will be the ones to hear the facts and arguments about what happened and rule in your favor.
Especially if the insurance company is giving you the runaround or refuses to pay a fair value, a jury trial might be the only way to get the damages you need. However, just because we go to trial does not mean we have to finish the trial; cases can still settle “on the courthouse steps,” getting your damages paid.
In most cases, a settlement is cheaper and easier for everyone, so cases only tend to go to trial when the insurance company is causing problems that you will need a lawyer to fight through.
Call Our Lawyers for Car, Truck, and Motorcycle Accidents in Ashland Today
For your free case evaluation, call the Law Office of John J. Sheehan’s car, truck, and motorcycle accident attorneys at (617) 925-6407 right away.