How to File a Truck Accident Claim in Massachusetts

With the sheer number of commercial trucks on the road, there are bound to be regular traffic accidents involving these giant machines. There is also a regular flow of accident claims seeking compensation from truck insurers. Unfortunately, many of these claims suffer from errors or are missing information, resulting in delay or denial of victims’ claims. Therefore, knowing how to file a truck accident claim in Massachusetts is essential to seek fair compensation.

How to File a Truck Accident Claim in Massachusetts

Successfully filing a truck accident claim begins with an understanding of auto insurance in Massachusetts.

Personal Injury Protection

All initial truck accident losses, except those involving motorcycle riders, are handled by personal injury protection (PIP) insurance. This no-fault insurance is required of all drivers and automatically pays various limited economic damages, such as a percentage of lost wages and medical care. Non-economic damages – like pain and suffering and loss of enjoyment of life — are not covered with PIP insurance.

Liability Insurance

PIP insurance coverage limits are not high enough to cover serious or catastrophic injuries or death. For this reason, truck accident victims with serious injuries can seek compensation outside the boundaries of PIP insurance and file claims against the truck driver’s liability insurance policy. Compensation for property damage is also sought from the truck driver’s liability insurance.

When filing a claim against a truck driver’s liability policy, the victim can seek full damages, including non-economic damages not available from PIP coverage. However, the victim must make a case for liability.

Claims Against Trucking Companies

If you have been harmed by a negligent trucker, the trucker’s employer may also be liable. Under the doctrine of vicarious liability, employers become liable for the negligent damage caused by their employees. The issue of whether a trucker is an employee often arises, since many truckers are independently contracted by trucking companies. If a negligent trucker is indeed an employee of a trucking company, a claim can likely be made against the trucker’s insurance company.

A claim may also be made against a trucking company for its own negligence. For example, trucking companies must exercise due diligence when hiring or contracting drivers. Extensive criminal and driver history background checks are necessary for every driver. If a trucking company puts a historically dangerous driver on the road, they could face liability for failure to properly screen employees.

Shipping Company Claims

Improperly tied or loaded cargo is a major cause of truck accidents. Often, a shipping company handles tying down and loading and can face significant liability when loads are not properly secured or packaged.

Other Claims

Depending on the circumstances of the truck accident, claims may also potentially be made against truck repair and maintenance shops for substandard or erroneous repair work. For example, a sloppy brake job leading to a rear-end accident would likely be the fault of the repair shop. A claim against its insurance company would need to be made instead of against the driver unless the driver was part of the cause of the accident.

Damages and Evidence of Liability

Detailing sought-after damages is an essential part of every compensation claim. Damages are the various types of compensation injury victims are authorized to seek. They include both economic and non-economic losses, such as lost income, medical and hospital expenses, and pain and suffering.

As you might imagine, no insurance company will take your word for it when it comes to damages. Your claim must be accompanied by powerful evidence of your injuries and resulting losses, such as:

• Medical records of treatments and evaluations of your injuries;
• Medical invoices, receipts, and account balances;
• Receipts for expenses related to the injury, such as invoices for home care services;
• Pay stubs and work schedules demonstrating lost wages;
• Documentation of pain and suffering, such as a journal; and
• Property damage documentation, such as auto shop invoices and insurance appraisals.

Your claim must also have evidence of liability. Without solid proof of fault, the evidence you provide of your damages that exceed your PIP coverage will not matter. Truck accident lawyers perform thorough investigations for the purpose of gathering the strongest evidence possible for their clients. It may take the form of:

• Video footage;
• Still photos;
• Trucker log books;
• Trucking company safety records and hiring procedures;
• Police and accident reports; and/or
• Witness statements.

Once enough evidence has been acquired, the claim will eventually proceed to negotiations. Knowledgeable and skillful truck accident attorneys know a lowball offer when they see one. They also know how to persuade insurance companies to settle with proper compensation. However, if a settlement is not possible, a lawsuit would be the next step.

After filing a lawsuit, discovery would begin, during which extensive evidence requests and reviews take place. As the evidence comes in, parties have the option of settling. They may also decide on arbitration or mediation before going to court. At any time before a verdict, the parties may choose to settle the matter.

Speak With a Truck Accident Lawyer From Cava Law Firm

Properly filing a truck accident claim is crucial for truck accident victims in need of compensation. Filing a claim alone is not recommended when substantial damages are on the line. Instead, truck accident victims should strongly consider putting their cases in the hands of competent truck accident attorneys who can sometimes recover up to 10 times more than insurance companies offer initially.

Attorney Jennifer L. Cava-Foreman

Attorney Jennifer L. Cava-Foreman would like to take the guesswork out of choosing a lawyer by letting the facts and her winning verdicts speak for themselves. Attorney Cava-Foreman is known in the local courts and has firsthand experience with many types of cases ranging from personal injury to criminal defense. Attorney Cava-Foreman understands that every case and every client is different. Whether a client is injured or mixed up in a criminal matter, she will provide the legal advice needed and stand up for her client in court. [ Attorney Bio ]