Injury accidents are stressful and inconvenient no matter how mild the resulting injuries may be. One of the worst outcomes, however, is a fatal injury. No amount of money can truly make a family whole again after the sudden and avoidable loss of a loved one, but it can help cope with the financial impact of the crash. Although a fatal motor vehicle accident can happen in a wide variety of situations, truck accidents are a common cause to the massive size and weight of these vehicles. If you lost a loved one or suffered serious injuries due to a Boston truck accident, contact Attorney Michael O. Smith as soon as possible to explore your rights.
Two serious truck accidents happened in the Boston area during September of this year, raising serious concerns about pedestrian and motorist safety. The first accident happened at Harvard Square and involved a 60-year-old woman who was struck by a boom truck shortly after 7 am. The woman was crossing Brattle Street near the Out of Town news kiosk. Investigative officials concluded that she was not using the crosswalk at the time of the collision.
The second incident involved a tractor-trailer that rolled over on top of a passenger vehicle on the Massachusetts Turnpike. The driver of the vehicle sustained serious injuries requiring hospitalization while the passenger sustained minor injuries.
If you were injured in a truck accident, you may have a claim for damages against the operator of the truck as well as any company that retained the driver as an employee. Employers are vicariously liable for the tortious acts that their employees commit during the course and scope of liability. Most employers also carry insurance policies that can help provide the compensation you need to cover medical expenses and property damage.
A truck accident lawsuit requires the plaintiff to show that the truck driver and/or trucking company failed to use due care in the operation and maintenance of the truck. There are federal and state regulations governing how a truck must be maintained and the safety checks that a driver must perform before driving each day. Also, Trucking companies can be held liable for negligently retaining or supervising employees. This includes hiring employees with poor driving records or who lack an appropriate driver’s license to operate commercial trucks.
Defendants in truck accident cases can point to any evidence showing that the victim was negligent at the time of the accident, such as failing to use a crosswalk. Massachusetts has adopted the contributory negligence standard which allows a plaintiff to recover compensation as long as his or her negligence at the time of the accident was 50% or less. If the jury concludes that the victim was negligent, his or her recovery may be reduced by the percent of fault that the jury allocates to the plaintiff. A seasoned Boston motor vehicle accident lawyer can help you ensure that your damages are calculated appropriately.
As an experienced trial attorney, Michael O. Smith has seen firsthand how a truck accident can change the victim’s life forever. He fights zealously on behalf of his clients and ensures that they are treated fairly throughout the process, including during insurance coverage negotiations. To set up a free consultation call today at 617-263-0060 or contact the office online.