Milton, MA Truck Accident Lawyer
Because injuries due to truck accidents might be life-altering for victims in Milton, pursuing compensation via a lawsuit is often necessary.
Truck accidents are especially dangerous when a truck hits a passenger car head-on in Milton. These types of accidents have a high risk of resulting in fatalities or serious injuries. Other dangerous truck crashes include T-bone, underride, and rollover accidents. If the driver who caused your accident is an independent contractor, their employer might not share liability for the accident. We can confirm the driver’s employment status and, based on that information, help you proceed with your case appropriately. Whether or not you can sue for non-financial damages will depend on if you meet the serious injury threshold in Massachusetts.
Call the Law Office of John J. Sheehan for a free case review from our Milton, MA truck accident lawyers at (617) 925-6407.
Dangerous Truck Accidents in Milton, MA
Due to their size, trucks typically cause devastating damage during accidents in Milton. That said, some types of truck crashes are more dangerous than others, leading to the most serious kinds of injuries for victims.
While large commercial trucks need underride bars to prevent vehicles from going beneath trucks, negligent maintenance or a failure to equip a truck with underride bars could worsen an accident. For example, if a truck hits a car, the lack of underride bars could cause fatal injuries.
Other dangerous truck accidents include T-bone and head-on collisions. When hit head-on, victims could sustain any number of injuries, including traumatic brain injuries, fractures, facial injuries, spinal cord injuries, and internal injuries.
The faster a truck travels at the time of impact, the more intense that impact might be. Because of this, truck accidents that occur at higher speeds on highways might result in more serious property damage and injuries to victims.
Overloading trucks might lead to cargo spills or rollover accidents, causing crushing injuries to victims in Milton. Furthermore, the danger increases when truck drivers act negligently. For example, commercial truck drivers who work overtime might have slower reaction times if they are fatigued. Because of this, they might be unable to slow down and lessen the intensity of impact before striking a victim’s car.
Handling Truck Accidents Caused by Independent Contractors in Milton, MA
In the days following the accident, our attorneys can determine the truck driver’s employment status to see if their employer might share liability for your damages in Milton.
A truck driver might be solely liable for an accident if they are an independent contractor. Commercial trucking companies might hire independent contractors to use their own vehicles to transport goods. Because independent contractors are not regular employees, trucking companies can often shield themselves from liability for injuries independent contractors cause.
However, if the driver is a regular employee, their employer might be responsible due to vicarious liability. Furthermore, if a trucking company fails to perform regular maintenance on a vehicle it owns, leading to brake failure or another mechanical issue that causes a crash, a victim could include the trucking company in their lawsuit.
Documenting Medical Damages from a Milton, MA Truck Accident
Per Massachusetts no-fault auto accident laws, victims can only request non-economic damages if their injuries or medical losses are damaging enough.
After any type of auto accident involving a commercial truck, victims must establish their medical losses and injuries to sue for pain and suffering. There are two ways to be eligible for non-financial damages. The first is to have medical damages that exceed $2,000. This threshold is relatively easy for many victims to meet, as even minor injuries can be costly to treat in Milton.
The second way to show your eligibility for emotional damages is to have certain injuries. According to Mass. Gen. Laws Ch. 231, § 6D, sustaining an injury that results in death, whole or partial loss of a body member, permanent and serious disfigurement, hearing loss, sight loss, or fractures enables victims to include requests for non-economic damages in their claims.
Our truck accident lawyers can compile your medical bills and records to show that you can claim non-economic damages. This information can prove to the court that your medical damages are substantial and that your injuries are serious. Since documenting your medical damages will be crucial for your claim, do not delay getting medical treatment for any reason after a truck crash in Milton.
Preserving Evidence from a Truck Accident in Milton, MA
Since law enforcement and emergency personnel need to make the road safe for other drivers, they clear accident scenes fairly quickly. Because of this, victims often have to preserve evidence intentionally.
You can do this in several ways. First, take pictures of the scene with your phone if you can. If the truck driver ignored traffic signs, photograph them. You can also take pictures of your injuries to show that you sustained them during the accident. We might not have access to the negligent driver’s truck after the fact, so take photos of any damage to it and its position in relation to your car on the road.
If there is any debris or tire marks on the road from the accident, take pictures of that as well. As you do this, law enforcement officers will gather information, like the other driver’s name and insurance details. You should talk to the police at the scene so they have the necessary information to include in their accident report.
As you focus on getting medical care, our attorneys can survey the accident location to identify possible sources of video footage that could help your case. We will continue to investigate the crash by interviewing eyewitnesses, enlisting experts, and gathering additional evidence that could ensure your recovery.
Call Our Attorneys About Your Truck Accident Claim in Milton, MA Today
Call (617) 925-6407 to discuss your case for free with the Law Office of John J. Sheehan’s truck accident lawyers.
