Truck accidents are some of the most devastating on the road. You might need significant compensation for your injuries, which our lawyers can help you recover.
Truck accidents can happen for many reasons, but truck driver negligence is usually to blame. Many truckers speed despite the size of their vehicle, while others are fatigued because they drive longer than the law permits. However they caused your accident, our team can help file for insurance coverage and determine if you can file a lawsuit. We can gather medical evidence, like hospital and treatment records, to show your expenses are enough to sue. We can also file a lawsuit on your behalf by showing that your injuries are serious.
For a free case review from our truck accident lawyers, call the Law Office of John J. Sheehan today at (617) 925-6407.
Common Causes of Truck Accidents in Hopkinton
Truck drivers are usually responsible when an accident occurs, but how they caused it is not always obvious. Our truck accident attorneys typically start by determining the cause of the crash because it will tell us what regulations might have been violated. It will also inform what evidence we need and other parties who might share responsibility.
Speeding
Most truckers are under pressure to complete deliveries. Some drive much too fast for the road conditions, which a FMCSA (Federal Motor Carrier Safety Administration) report found to be major cause of truck crashes.
Even a relatively small truck can be hard to maneuver when speeding. If another driver cuts them off or debris is in the road, a speeding truck driver might not be able to avoid crashing into you.
During your case, our team can obtain the truck’s “black box” information. This device records crucial trip details and can tell us how fast a trucker was going at the time the crash occurred.
Fatigued Driving
Driver fatigue is another major cause of truck accidents, which is why the FMCSA sets strict hours of service regulations. Most truckers are limited to driving 11 total hours and cannot drive beyond 14 consecutive hours on duty.
In addition to black box data, we can obtain the driver’s logbook to determine if they violated these rules. Truckers must record this information, but we can argue their negligence is more likely if it is missing.
Distracted Driving
Driver inattention is the cause of many other truck accidents. Most trucks are equipped with numerous devices vying for the driver’s attention, such as their radio headset, GPS, and many others. It only takes a moment of distraction to cause a catastrophic accident.
We can gather the evidence discussed above to determine if the driver was engaged with any of these systems the moment the accident happened. We can also obtain cell phone records to determine if they were on a call at that time.
Improperly Loaded Cargo
If the truck jackknifed or rolled over in the accident, improperly loaded and shifting cargo might be the root cause of it. Cargo should be loaded so that the weight is evenly distributed and secured to prevent it from moving.
A major issue in these cases is determining who contributed to the accident. Truckers are not always responsible for loading cargo onto a truck. Instead, cargo loaders at the pick-up site might be liable for improperly loading the truck. However, the trucker is ultimately responsible for what they are hauling, so we will usually sue both parties.
Insurance Coverage for Your Truck Accident Injuries in Hopkinton
Filing an insurance claim or a lawsuit are the two legal routes to recovering compensation after a truck accident. However, Massachusetts is a no-fault insurance state, meaning that not every accident victim can file a lawsuit. It depends on the victim’s injuries and medical expenses.
After a truck accident, your insurance, Personal Injury Protection (PIP), pays for a portion of your medical costs and other expenses. This is also known as first-party coverage.
If you were the passenger in the vehicle, the drivers PIP will typically cover some of your economic losses.
PIP will cover your medical bills up to the limits of your policy, no matter who caused the accident. PIP also pays up to 75% of your lost wages if you cannot work due to your injuries.
However, PIP does not provide compensation for non-monetary losses, like mental anguish and pain and suffering. Under this system, you might be responsible for some of your expenses if you cannot seek compensation in a third-party insurance claim or lawsuit.
Filing a Lawsuit After a Hopkinton Truck Accident
Mass. Gen. Laws Ch. 231, § 6D provides a few ways to overcome PIP limitations and file a lawsuit.
First, you can sue after a car accident if your reasonable but necessary medical costs are more than $2,000. These expenses can include costs for the ambulance, hospital visits, surgery, diagnostic tests, dental services, and funeral costs.
Second, you can file a lawsuit if you experienced “serious injuries.” This includes death, serious permanent disfigurement, loss of a body part (either whole or part), fractures, and loss of hearing or sight.
Suing the Trucking Company for Damages in Hopkinton
In many cases, you can also include the trucking company as a defendant in your lawsuit. Trucking companies are often vicariously responsible for their drivers’ actions. If the trucker was on duty and acting in the scope of their job duties when they caused the accident, the trucking company can be used even if they were not negligent.
However, this rule does not apply if the trucker was an independent contractor. In these cases, we might be able to hold the trucking company liable for their own carelessness.
For instance, the trucking company might have pushed the driver to go beyond the hours of service limitations mentioned above. They can also be held responsible for not performing adequate background checks on truckers.
Call Our Truck Accident Attorneys in Hopkinton for Help
Contact the Law Office of John J. Sheehan at (617) 925-6407 for your free case review from our truck accident attorneys.