Boston Truck Accident Liability: Who Is Responsible for My Injuries?
Accidents between passenger cars and commercial trucks tend to result in more severe injuries to the passenger-car driver. If you have been injured in the busy streets of Boston by a commercial truck, it’s time to find an experienced Boston truck accident lawyer that can help you establish your legal case.
Gather Reports from the Accident
If you aren’t sure who is at fault for the accident between you and a commercial truck, you will be able to determine fault by looking over the accident reports. The authorities look over the accident, take witness statements, and provide a determination in their accident report as to who is at fault for the accident. It’s important to understand that the commercial truck driver does not have to be 100 percent at fault for the accident, to be liable for your injuries that you sustained.
Establishing Who the Truck Driver Works For
In commercial trucking, some drivers work directly for a company, while others work for themselves as an independent contractor. Companies are responsible for any accidents in which their employees were negligent, and the company is liable for your injuries. While you have the ability to sue both the driver and the company they work for, your attorney may only file a suit against the company, depending on the circumstances.
If the commercial truck driver is an independent contractor, you must file a lawsuit against the driver and not the company they were providing services for.
Once Liability in a Boston Truck Accident is Established
Once it is clear that the commercial truck driver caused the accident, it’s time to establish the losses and injuries you have incurred. Losses include time spent out of work, lost wages, and loss of enjoyment. When a personal injury lawsuit is created, there are a number of factors that are considered when compensation is determined. If you have lost a job, have mounting medical bills, or you are no longer able to work, each of these is taken into consideration when your final financial award is determined.
Compensation in a Boston Truck Accident
In any personal injury lawsuit, direct losses are considered, as well as losses that are difficult to measure, such as pain and suffering. It is important to have well-documented medical treatment so that you can establish your current level of functioning, the treatment, pain and suffering you have endured, and your potential for recovering from your injuries. Each of these is taken into consideration when establishing your monetary payout.
Fighting a personal injury lawsuit against a commercial truck company can get complicated fast. You may have hundreds of pages of medical records to go through, and experts may need to be consulted to determine the level of your injuries. It’s important to work with all of your treatment providers, and follow through with any recommendations. If you don’t follow through with treatment, it will be more difficult to prove that you are seriously hurt from your injuries.
If you have been injured in the busy streets of Boston, and you were hit by a commercial truck, it’s important to bring your case to a qualified attorney. It takes time to go through your case to establish who is at fault, and what injuries you sustained because of the accident. Only an experienced attorney can handle your personal injury lawsuit effectively.