Milford, MA Truck Accident Lawyer
Few accidents are as devastating for victims as those caused by trucks. If a truck driver injured you, our attorneys can fight to cover your losses.
Truck accidents are rarely minor, leaving victims with mounting medical expenses that can seem impossible to cover. Our lawyers are skilled in these types of cases and know how to assess your damages. As we investigate your accident and injuries, we can determine who you should file your lawsuit against. The driver and their employer will most likely be sued. However, if another driver or anyone else contributed to your injuries, we will also name them as defendants. Reach out to our firm soon to get your cases started, as you will only have so much time to file your lawsuit.
Call the Law Office of John J. Sheehan at (617) 925-6407 for a free review of your case with our truck accident attorneys.
When You Should File a Lawsuit for a Truck Accident in Milford, MA
Lawsuits for truck accidents in Milford can be much more complex than other personal injury cases. Given the many challenges often involved, you will want to get your claim started as soon as you are able. All types of lawsuits follow a rule known as the “statute of limitations,” which sets the time limit for when a claim must be filed. According to Mass. Gen. Laws Ch. 260 § 2A, lawsuits for personal injuries must be filed within three years from the date of the accident, including those caused by truck accidents.
This deadline needs to be taken seriously since there are few ways around it. If your lawsuit is not filed within three years of getting injured, you will not be able to recover any compensation. The underlying principle is that if an accident is serious, a person will generally not wait around to file a claim. And while three years might sound like a long time, it is not much when suing for a trucking accident.
Our truck accident attorneys can determine when you need to file by and start gathering evidence immediately. It takes time to prepare even a minor accident claim. There are often multiple defendants in these claims, meaning more evidence usually needs to be collected. The more complex the accident or injuries, the more time you will need to build a robust case.
One exception to the statute of limitations is if the victim in the truck accident was a minor, according to Mass. Gen. Laws Ch. 260 § 7. Under this law, the three-year clock will not start to run until the child reaches 18. From there, the victim will have until their 21st birthday to file their claim. This rule also applies if a mental illness prevents you from exercising your rights during the required time.
Who You Can File a Lawsuit Against for a Milford, MA Truck Accident
As mentioned, lawsuits for trucking accidents tend to be more complicated because of the potential number of defendants involved. In most cases, the truck driver and their employer will be sued. However, other drivers or a defect with the truck could have contributed to the accident. Our lawyers will investigate your crash to determine each party that should compensate you. Below are those most likely to be held liable for a truck accident in Milford:
Truck Driver
In the majority of cases, the truck driver is liable. Truckers have specialized training and are expected to observe the industry’s high standards. This means not driving for too long without resting, not driving distractedly, and regularly inspecting the truck for defects. Unfortunately, not all truckers follow these rules, resulting in catastrophic injuries.
Our team can review your case to determine how the trucker caused the collision. During the course of our investigation, we might be able to get the truck’s “black box” information. These devices record important information about the truck’s operation. For instance, if the trucker was speeding when they hit you, the black box will have the speed noted at that time.
Trucking Company
If the trucker acted negligently, we can usually sue the trucking company they work for, as well. Unless the truck driver was an independent contractor, the law holds trucking companies responsible for the acts of their employees while they are actively working. Thus, if the truck driver hits you during the regular course of their duties, like completing a delivery, we can file a claim against the trucking company. This rule holds even if the trucking company did not actually do anything directly to bring about your accident.
Sometimes, though, a trucking company needs to be sued because it was negligent or deliberately overlooked its duties. For example, trucking companies should be held responsible if they knowingly hired a dangerous driver or did not conduct the proper background checks. By suing both the driver and trucking company, you increase your chances of recovering the compensation you need.
Truck and Truck Part Makers
While not as common, a defect in the truck or one of the complex systems that helps it function might have caused the accident. In some cases, the defect affects all models of that truck, regardless of how they were manufactured. In many other cases, a specific component failed. For example, if the truck’s air brake system malfunctioned, we would file a claim against the product’s designer or manufacturer.
However, truck drivers and trucking companies are responsible for inspecting and maintaining their vehicles. If the defect was one that would have been discovered with a routine inspection, we would also name them as defendants in your lawsuit, as well.
Other Drivers
Most truck accidents occur on highways and other major roads that are usually crowded with other drivers. Considering that many truck drivers take their responsibilities seriously since their jobs depend on them doing so, it is not uncommon for other drivers to have caused or contributed to your accident.
Some drivers are not aware or simply do not care how dangerous driving carelessly around a truck can be. Impatient drivers might cut a truck off trying to get around them. However, a truck typically needs more time and distance to react, especially if it is large or carries a large load. If another driver surprises the trucker with a negligent move, it can end in devastating consequences.
Third-Party Mechanics
Generally, trucking companies are responsible for the regular upkeep of the trucks in their fleet. Sometimes, though, outside mechanics are used to service certain issues with the truck. When we review the evidence in your case, we can determine if a third-party mechanic played a role in your accident.
Reach Out to Our Milford, MA Truck Accident Lawyers for Help Today
For a free case analysis with our truck accident lawyers, contact the Law Office of John J. Sheehan today at (617) 925-6407.
