Was the driver at fault or partially at fault for causing the truck accident? Was he or she engaging in reckless or careless behavior?
In the State of Massachusetts, when a driver of a vehicle causes an accident or is partially responsible for causing a collision, he or she can be held liable for compensating the victim(s) given negligence can be proven. When a driver is negligent, it means he or she failed“to exercise the level of care “that someone of ordinary prudence would have exercised under the same circumstances” [Source: Cornell Law School]. For instance, if the motorist who caused the truck accident was driving drunk or engaging in behavior that violated state traffic laws, he or she would be considered negligent.
If another driver’s negligent behavior caused you to suffer a disabling injury, it would be in your best interest to find and retain a truck accident attorney in Salem, MA who can help you recover the compensation you likely are entitled to receive. You are also encouraged to read on and find out what your legal rights are as a truck accident victim in Salem, MA.
Your Rights After a Truck Accident
- You have the right to recover economic and noneconomic damages.
What does this mean exactly? Well, damages is a legal term that is used in personal injury cases that refers to the monetary relief you receive for your suffering and losses. Economic and noneconomic are two types of damages that are generally awarded when a victim wins their case. When an individual receives economic damages, that generally pays them for lost wages, medical bills, property damage, etc. Noneconomic damages, however, pays for things that are much more difficult to calculate such as pain, suffering, loss of companionship, mental anguish, emotional distress, etc.
- You have the right to sue even if you played a small role in causing the accident to transpire.
Massachusetts’ contributory negligence law says that even if you played a small role in causing a truck accident to transpire, you are not barred from recovering damages from the other party so as long as “such negligence was not greater than the total amount of negligence attributable to the person or persons against whom recovery is sought.” What this means is that if you were to win your lawsuit, the amount awarded would be reduced by your percentage of fault.
- You have the right to file your personal injury lawsuit within three years from the date the accident occurred.
This three-year timeframe we are referring to is called the statute of limitations and each state sets its own deadline for how long someone has to sue a negligent party who caused an accident. What this means is that the State will allow you to file suit in an effort to recover damages so as long as it does not go beyond the three-year mark. If you wait longer than three years, your case likely won’t be heard in court. Now, given the crash has resulted in you being confined to a wheelchair, it is important that you get your claim filed right away so you are one step closer to being fairly compensated for your injuries.
Understanding Massachusetts’ personal injury laws isn’t easy which is why it is best you hire a Salem, MA truck accident lawyer who is willing to take the time to break them down for you and help you understand what your rights are after a truck accident. If you are ready to start discussing your case with an attorney in Salem, contact USAttorneys.com so we can place you in touch with a patient and compassionate legal expert in your area.