Truck accidents are among the most destructive of all traffic accidents. The massive size of commercial trucks, especially when fully loaded, can lead to devastating results in accidents, often involving severe injuries, property damage, and complicated disputes with insurance companies.
If you’ve been involved in a truck accident in Massachusetts, you might ask yourself, “How much compensation can I receive?” While there’s no simple answer, as every case is different, understanding the factors that influence compensation can help.
Types of Compensation Available
In Massachusetts, compensation for truck accident claims generally falls into two main categories: economic damages and non-economic damages.
Punitive damages may be available in some cases, but these are rare in personal injury cases. These aren’t compensatory damages but rather are designed to punish the wrongdoer for their extremely reckless or malicious actions.
Economic Damages
Economic damages are easily identifiable. These are the monetary losses you experienced as a result of your accident. This includes things like:
- Medical expenses, such as emergency treatment, hospitalization, surgeries, medication, and physical therapy
- Lost wages and earning capacity due to your inability to work after the accident or a disability that reduces your future earning capacity
- Property damage to your personal property and vehicle
Non-Economic Damages
Non-economic damages are harder to quantify because they’re subjective. These damages hinge on the emotional and psychological consequences of your accident, such as:
- Pain and suffering, or the actual physical pain and psychic distress you experienced
- Loss of enjoyment of life, which can apply if your injury prevents you from doing things you once enjoyed
- Loss of consortium, or the loss of intangible benefits in a relationship, such as companionship or support
Factors That Affect Your Compensation
The amount of compensation you might receive after a truck accident in Massachusetts varies based on a handful of factors, including the following:
1. Severity of Injuries
The seriousness of your injury plays a huge role in determining your compensation. The more critical the injury, the more compensation is typically involved. For example, if you suffer a traumatic brain injury or spinal cord injury, you will almost certainly recover more compensation than someone who walked away from the accident with minor cuts and bruises.
2. Liability and Comparative Negligence
Who is at fault for the accident is another major factor to consider. Massachusetts is a modified comparative negligence state. This means that you can recover compensation from the at-fault party as long as you are less than 51% at fault for the accident. It also means you can’t pursue compensation if you’re 51% or more to blame for the incident.
It’s important to understand, though, that the amount you recover will drop based on your percentage of fault. For example, if the court finds you to be 25% to blame for the accident, and your damages are calculated to be $100,000, your recovery would be reduced by $25,000, leaving you with $75,000.
3. Insurance Policy Limits
The amount you may recover can also be capped based on the insurance policy limits of the at-fault driver. Commercial trucks are usually insured for considerable amounts due to the fact that trucking companies are obligated to maintain greater liability limits. However, the amount you may recover might still be limited by the policy limits of the at-fault driver or trucking company.
4. Statute of Limitations
Massachusetts, like other states, outlines specific statutes of limitations for different types of cases, including personal injury lawsuits. This is the timeframe in which you must file your claim. If you don’t, you may be barred from pursuing legal action and compensation from the at-fault party.
Under Massachusetts law, the statute of limitations for most personal injury cases, including truck accidents, is three years. This means you have three years from the date of your accident to file suit.
5. Quality of Evidence
The quality of the evidence you have will greatly affect your claim and compensation, too. The stronger the evidence in your favor, the better your chances of pursuing a more favorable outcome. Evidence that may work in your case includes the following:
- Police reports
- Videos and photos from the scene
- Witness statements
- Medical records documenting your injuries
- Expert testimony that proves your injuries were caused by the accident
- Trucking company records, such as driver logs and maintenance records
Understanding Liability in Truck Accidents
Liability is one of the biggest driving factors behind the amount of compensation you may pursue, if any. If your percentage of fault is over the modified comparative negligence threshold, you won’t be able to pursue compensation at all. If you’re partly to blame, your compensation will drop in accordance with your percentage of the fault.
Multiple parties can be liable in a truck accident, potentially sharing bits and pieces of the blame. Parties that could be held liable include:
- The truck driver: This person could be held liable if their negligence—such as speeding, driving under the influence, or violating federal regulations—caused the collision.
- The trucking company: They could be held liable for various reasons, such as failing to adequately hire or train the driver, failing to maintain the vehicle, or violating hours-of-service regulations.
- Vehicle or parts manufacturers: If the accident was caused by a mechanical defect, such as brake failure or a faulty part, the manufacturer may be held responsible.
- Third-party maintenance providers: If a maintenance company fails to service the truck properly, they, too, may share liability.
- Cargo loading company: If the company that loaded the truck’s cargo did so improperly, resulting in the accident, they could be held responsible.
- Other drivers: If another driver’s negligent actions, such as speeding, distracted driving, or reckless driving, caused the accident, they could be held liable.
What to Do If You’ve Been Involved in a Massachusetts Truck Accident
To strengthen your claim and give yourself the best chance of securing the compensation you deserve, follow these steps:
- Seek medical care: This is a must, even if you don’t think your injuries are severe. Seeking immediate medical attention establishes clear records of your injuries related to the accident and can help catch any injuries masked by adrenaline.
- Document the scene: If possible and when safe to do so, snap pictures and videos of the accident scene, your injuries, and any property damage.
- Keep records: Keep thorough, accurate records of all your accident-related expenditures, such as medical bills, repair estimates, and receipts for out-of-pocket expenses.
- Avoid admissions of guilt: After an accident, it can be all too easy to unintentionally say something that could be used against you later. So, avoid discussing the accident with anyone but the police, and even then, avoid any admissions of guilt.
- Chat with an experienced truck accident attorney: Truck accident cases are complex and require the expertise of a knowledgeable Massachusetts truck accident attorney. Reach out to one as soon as possible for help with your case.
Maximize Your Compensation With Help From the Fogelman Law Firm
Compensation for a truck accident injury isn’t only about making sure your financial losses are paid for; it’s about getting your quality of life back. Whether it be to pay for continued medical care, replace lost income, or deal with the emotional trauma of the accident itself, a fair settlement or verdict may provide the means to move forward.
However, since truck accident cases are often complicated, it’s important to enlist the help of a skilled Massachusetts truck accident lawyer. This way, you can protect your rights and work to maximize your compensation.
If you’ve been injured in a truck accident, contact our team at the Fogelman Law Firm. We can help you navigate the ins and outs of your accident to maximize your compensation. Contact us today to start with a free consultation.
