Burlington, MA Truck Accident Lawyer
Truck accidents are incredibly dangerous. The mass of a large big-rig truck compared to a regular car means that the everyday motorist is likely to suffer grievous injuries in truck crashes. Sometimes, these injuries will never truly heal, and victims will be grappling with those injuries for the rest of their lives.
Luckily, there are options available to you if you are injured by a truck. Let our lawyers gather evidence, talk to witnesses, and build a strong case for you so that you can focus on important things like recovering from your injuries and getting back to living your life.
For a free, no-obligation case review, call the Law Office of John J. Sheehan at the number (617) 925-6407.
Who Can You Sue in Truck Accident Claims in Burlington, MA?
An important early step in planning your truck accident case with the help of our truck accident attorneys is to figure out exactly who you are going to sue. There is a good chance that you will sue multiple entities in your claim, but you still need to be sure that you are suing the right parties and not people, companies, and other entities that had nothing to do with your injuries.
Truck Drivers
It is almost always correct to sue the trucker involved in the accident. Truckers can be responsible for truck accidents by speeding, running red lights, driving drunk, or doing other things that either are against the law or not characteristic of what a reasonable trucker would do under the circumstances. Truckers also have some additional rules they must follow. For example, FMCSA rules truckers can only stay behind the wheel for limited periods of time. If a trucker drives for longer than they should and subsequently gets in an accident, they can be held liable for your injuries.
Other Drivers
Truck accidents are not always caused by truckers. Other drivers doing dangerous things on the road may also lead to truck crashes, so you should sue that driver instead if it is determined that they caused the accident.
Trucking Companies
In many circumstances, you can also sue the trucking company that the trucker worked for. One reason you may be able to sue a trucking company is for negligent hiring or training practices. For example, suppose a trucking company hires inexperienced truckers who do not have appropriate training or, alternatively, says they will train their truckers but then does not do so. In either of those instances, the trucking company could be liable for negligent hiring or training if one of those truckers injures someone in an accident.
Another way that trucking companies can be liable is through something called “respondeat superior.” This lets courts hold employers liable for the negligent actions of their employees as long as that employee was doing something related to their job when they hurt someone. For example, suppose a trucker hits you on a highway while delivering cargo. In that case, their employer would be liable because delivering cargo is related to their job. However, suppose the trucker decides to get on an off-ramp to hang out with their friend for the rest of the day and hits you on the way there. In that case, liability would probably not extend to the employer because going to see their friend is not related to their job.
Truck Manufacturers and Designers
Truck designers and manufacturers can be liable for accidents that are caused by defects. A truck can be considered defective when it is likely to hurt someone when used in its intended manner. For example, a truck with brakes that are installed incorrectly and do not work would be considered defective.
Whether you use a trucker, designer, or manufacturer depends on where the truck defect arose. For example, something like a top-heavy design would make the truck designer liable, whereas something like using poor-quality materials to build a critical component would make the manufacturer liable.
Government Entities
Sometimes, you may be able to sue a state or local government in a truck accident lawsuit. Generally, this is the case when a government entity is charged with maintaining a road, they failed to do so, and the accident happened because the road was in a state of disrepair. When you file a claim against a government entity, there are some special clerical rules our lawyers need to follow, so you should discuss the prospect of filing against the government early on with our attorneys.
Compensation You Can Get from Burlington, MA Truck Accident Lawsuits
Once you successfully prove that the defendant is liable for your injuries, you will be awarded damages. Damages are the court’s way of trying to get the plaintiff back to where they were before the accident through financial compensation. Damages can be broken down into three main categories: economic damages, non-economic damages, and punitive damages.
Economic Damages
Economic damages are generally the most straightforward to prove. They encompass things like medical expenses, property damage, and lost income. Economic damages can generally be proven through a “paper trail” like a bill or invoice.
Non-Economic Damages
Non-economic damages are based on things that are less concrete than economic damages. Items such as pain and suffering and emotional distress fall under this category. Of course, there is not going to be a bill for these things, so you have to prove their worth with the help of our lawyers.
Punitive Damages
Punitive damages are a special type of damages meant to punish defendants who have acted in an egregious manner. Pursuant to Mass. Gen. Law Ch. 229 § 2, you can only seek punitive damages if the accident in question led to someone’s death, so it may not make sense to seek punitive damages depending on your claim. Do not worry, though, as you are still able to get ample compensation through economic and non-economic damages.
Call Our Burlington, MA Truck Accident Lawyers Now
The Law Office of John J. Sheehan’s truck accident attorneys offer free case reviews when you call (617) 925-6407.
