Truck Accident Lawyer in Brookline, MA
A loaded semi-truck can weigh ten times more than a standard passenger vehicle. They’re taller, longer, and far heavier than other vehicles on the road, so, when they’re involved in accidents, the fallout is often catastrophic. The resulting injuries can be life-changing, potentially demanding extensive and expensive medical care that adds a financial burden to an already stressful time.
That’s where a knowledgeable truck accident lawyer in Brookline, MA, comes in. If you sustained injuries in a truck accident due to another’s negligence, our lawyers at the Fogelman Law Firm can help determine your legal options. While we can’t undo the trauma of the accident, we can help you fight to secure compensation to offset the financial burden of it.
Common Causes of Brookline Truck Accidents
Accidents involving semi-trucks can stem from various root causes, including:
- Distracted driving
- Failure to yield
- Driver fatigue
- Driver error
- Speeding
- Reckless driving
- Driving under the influence or while intoxicated
- Improper maintenance
- Inadequate training and inexperience
- Inclement weather
- Mechanical failures
- Equipment failure
Common Injuries in Truck Accidents
Unfortunately, injuries resulting from truck accidents are rarely minor. The sheer size of these trucks often leads to catastrophes in accidents, causing various injuries, including:
- Bruises
- Lacerations
- Broken bones
- Soft tissue injuries
- Crush injuries
- Amputations
- Head and neck injuries
- Spinal cord injuries
- Traumatic brain injuries
Liability in Truck Accident Cases
Multiple parties can be liable in a Massachusetts truck accident case. For example, suppose the truck driver was on their phone while driving, distracting them from the changing road conditions and resulting in an accident. In this case, the truck driver would be liable.
However, while the truck driver is often at fault in these accidents, it’s not always the case. Other parties that may be liable include:
- The trucking company
- The company responsible for maintaining the truck
- The truck manufacturer
- The company that loaded the truck
- Another driver on the road
Determining who is liable can be complicated, as not all trucking accidents are cut and dry. That’s where help from a lawyer comes in handy. A knowledgeable Brookline, MA, truck accident lawyer can evaluate your case to determine who is at fault.
Massachusetts’ Comparative Fault Laws
Massachusetts is a modified comparative fault state. This sets a bar to recovery, preventing victims from recovering damages if they are more than 50% to blame for the accident.
For example, suppose the courts determine that your actions make you 60% to blame for the accident. In this instance, you wouldn’t be able to pursue compensation from the other party, as the comparative fault laws prevent recovery for more than 50% fault.
If the court finds you partly at fault for the accident, but less than 50% to blame, your damages will drop by that percentage.
Statute of Limitations
Every state outlines specific timeframes for personal injury cases. This timeframe is called the statute of limitations and refers to the amount of time you must file your case before you may lose your ability to pursue legal action. Under Massachusetts law, you have three years to file a lawsuit against the at-fault party in your personal injury case.
If you don’t file your claim within three years of the collision, you might not be able to pursue legal action against the at-fault party. So, it’s important to act quickly and chat with a truck accident lawyer in Brookline, MA.
Types of Damages Available in Truck Accident Cases
Victims injured in Brookline truck accident cases may pursue two primary types of damages: economic and non-economic. Economic damages cover the financial losses associated with the accident, such as medical bills, rehabilitation costs, and lost wages.
Non-economic damages apply to the non-monetary losses related to your case, such as pain and suffering or mental anguish. These damages are subjective, so there isn’t a set amount available, but they’re often based on the economic damage amount.
A third type of damages, called punitive damages, is available in select cases. However, since the courts only award these damages in cases involving gross negligence and/or willful, wanton, or reckless acts, they’re rare in personal injury cases.
How a Brookline Truck Accident Lawyer Can Help
In the wake of a serious truck wreck, contacting a lawyer might be the last thing on your mind. However, seeking legal guidance is key to pursuing legal action against the at-fault party, so it’s an important step after such an accident. That’s where our Brookline truck accident lawyers come in.
We’re here to help. While you focus on recovery, we’ll shoulder the burden of the legal process, including:
- Evaluating your situation to help you determine your legal options
- Providing sound legal guidance to help you make informed decisions
- Investigating your case to gather pertinent evidence, such as dashcam footage, witness testimonies, and police reports
- Determining liability based on evidence
- Filing appropriate documentation within applicable deadlines
- Negotiating settlement offers with the at-fault party’s insurer
- Representing you in court if you don’t receive a fair settlement offer
Consult With Our Skilled Brookline Truck Accident Lawyers Today
If you’ve suffered an injury in a truck accident due to another’s negligence, you may have grounds for a lawsuit. Our experienced Brookline truck accident lawyers at the Fogelman Law Firm are here to help you navigate the specifics of your case and fight for the compensation you deserve. Contact us today at (617) 559-1530 or complete our online contact form to get started with a free consultation.
Frequently Asked Questions
How Much Is My Truck Accident Case Worth?
The value of a truck accident case varies dramatically based on factors specific to your case, such as the severity of your injury and who is at fault for the accident. A skilled Brookline, MA, truck accident lawyer can help you determine how much your case is worth based on the circumstances surrounding the incident.
Do I Need a Truck Accident Lawyer?
Between filing deadlines, determining liability, and calculating fault, truck accident cases can be complicated. While you’re not required to hire a lawyer, having professional legal help can prove invaluable. Your lawyer will advocate for your rights and guide you through every stage of the process, fighting to secure the best possible outcome.
