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Scituate Lawyer for Car, Truck, and Motorcycle Accidents

Suing for motor vehicle accidents is an involved process, one that our lawyers can assist with every step of the way. Not only will we determine if you have a valid claim, but we can also obtain the necessary evidence to prove fault and recover damages. For that to happen, you must file within the statute of limitations, so do not delay your case for any reason.

Most motor vehicle accidents in Scituate are held to Massachusetts’ no-fault insurance rules. You may only sue if we can prove your injuries are bad or costly enough after a car or truck accident. Motorcycle crashes are not subject to no-fault rules, and victims may sue, no matter their injuries. For most motor vehicle accident lawsuits, the statute of limitations is three years, which our lawyers can help you meet.

Call the Law Office of John J. Sheehan at (617) 925-6407, and get a free case evaluation from our lawyers for cars, trucks, and motorcycle accidents.

Can You Sue After a Motor Vehicle Accident in Scituate?

Massachusetts is a no-fault state for car crashes, limiting when victims can sue negligent drivers. Let our lawyers see if Massachusetts’ no-fault rules apply to your accident, or if you can file a lawsuit.

Car Crashes

All Massachusetts drivers must carry personal injury protection insurance. It covers hospital expenses and lost wages after a collision, up to a limit. You may only file a lawsuit if your medical damages exceed $2,000 or you are diagnosed with a “serious injury.”

Serious injuries can be found under Mass. Gen. Laws Ch. 231, § 6D, and include the following:

  • Fracture
  • Hearing loss
  • Permanent and serious disfigurement
  • Sight loss
  • Whole or partial loss of a body member

Fatal car accident injuries are also enough to file a lawsuit in Scituate.

Truck Accidents

Massachusetts’ no-fault rules also apply to truck accidents. Trucks are much larger and more powerful than passenger cars, and victims might suffer severe injuries even in low-speed accidents. Your medical damages might quickly exceed the threshold to sue, and your injuries might be serious right away.

In addition to knowing that you can sue, you must also know whom to sue. Suppose a commercial truck driver hit you while they were working. In that case, their employer might be liable in a lawsuit as well. Suing the employer might maximize your potential recovery, so let our lawyers for cars, trucks, and motorcycle accidents explore this possibility.

Motorcycle Accidents

Motorcycle accidents are excluded from the no-fault system in Massachusetts. If you are injured while riding your motorcycle, PIP will not cover your injuries. Because of that, you can file a lawsuit without meeting the serious injury threshold, something that other motor vehicle accident victims may not do.

Motorcycle accident lawsuits are sometimes more vulnerable to comparative fault rules than other motor vehicle accident claims. Massachusetts is a comparative fault state, and this lowers damages for victims who contribute to their collisions. We can anticipate comparative fault arguments from defendants and tackle them head-on when handling your motorcycle accident lawsuit.

What is the Statute of Limitations to Sue for Car, Truck, and Motorcycle Accidents?

Massachusetts restricts how long plaintiffs have to sue defendants after motor vehicle accidents. Try to file any later than three years, and your lawsuit may be dismissed, unless there is a viable tolling exception we can cite.

Mass. Gen. Laws Ch. 260, § 2A sets the three-year statute of limitations, and there are only a few exceptions that might apply to motor vehicle accident lawsuits. If the other driver is not a Massachusetts resident, the statute of limitations will pause while they are out of the state, according to § 9.

What Evidence Can You Use in Lawsuits for Car, Truck, and Motorcycle Accidents?

Allow our attorneys to gather the evidence you need to win your car, truck, or motorcycle accident lawsuit.

Witness Testimony

We often use witness testimony to help prove auto injury claims. After particularly bad motorcycle or truck accidents involving passenger cars, witnesses may stop and offer aid. Tell us if you spoke to any witnesses at the scene and if you got their contact information.

If you did not, we can turn to the police report written by law enforcement. Police officers may speak to witnesses who remain on the scene, helping us identify them in the future.

Do not underestimate the power of your testimony either. In addition to describing the defendant’s negligent conduct, you can explain its effect on your life and the damages you have endured.

Photos

Photos are some of the best evidence in any motor vehicle accident claim. Always photograph visible damage to your vehicle. Take pictures of the other driver’s vehicle, too. If they were driving a truck and you were riding a motorcycle, their vehicle might have little to no visible damage. Still, photograph it so that we can see its location in relation to your bike.

You can also photograph the general area, giving us a better idea of the weather and road conditions. Never delete pictures before giving copies to our lawyers, even if they seem too blurry or irrelevant.

Medical Records

Go to the hospital if you are ever injured in a motor vehicle accident. Whether you are in a truck, car, or motorcycle crash, there is a risk of traumatic brain injuries, spinal cord damage, broken bones, burns, and other debilitating injuries.

Passing the serious injury threshold is necessary to sue after a car or truck accident, and we need medical records to demonstrate that you have met this threshold.

Videos

Videos are also great evidence. While not always available, surveillance footage may show a car or truck driver speeding, recklessly merging, or engaging in other negligent behavior that could result in a collision. The sooner you contact us about your case, the better, as we may then get video footage before it is deleted.

Call Us About Your Motor Vehicle Accident in Scituate

Call the Law Office of John J. Sheehan at (617) 925-6407 for a free case assessment from our lawyers for cars, trucks, and motorcycle accidents.