The trauma of your commercial truck accident injuries could have a profound impact on your life. Between disabling injuries, extensive financial losses, and severe emotional distress, this traumatic event and its aftereffects will be something you remember for the rest of your life. If we discover that someone else’s negligence caused your injuries, we can demand that they be held accountable to the fullest extent of the law.
A dedicated New Bedford truck accident lawyer from DiBella Law can help you navigate the often complex claims process. Take advantage of our 30-day trial to find out whether our New Bedford personal injury lawyer is the best fit for your case. Contact our legal team to request a free consultation today and get started on your insurance and civil claims.
A Look into the Prevalence of Truck Accidents in New Bedford
The frequency of commercial trucking accidents across Massachusetts, nearby Boston, and in New Bedford is enough to raise alarms. According to the MassDOT Crash Data Portal, the state saw 10,000 truck accidents in 2023.
There were over 40,000 truck accident fatalities reported across the country in 2023 according to the National Highway Traffic Safety Administration (NHTSA) Traffic Safety Facts. Your experienced truck accident lawyer in New Bedford, MA, can help you use this data to identify the cause of your collision and hold the liable party to account.
What to Expect from Your Truck Accident Case in New Bedford
The truck accident claims process is enough to make your head spin, particularly when you are still recuperating from the injuries you sustained. Learning more about what to expect as you move through insurance negotiations and into your personal injury trial can help you feel confident, empowered, and ready to demand justice. With that in mind, here is a general idea of how truck accident cases work in New Bedford:
- You hire a truck accident attorney in New Bedford to take on your case.
- We carefully investigate the cause of the accident by interviewing witnesses, hiring accident reconstructionists, and reviewing video footage of the collision wherever available.
- Next, we review the various damages you have suffered to calculate the value of your claim, utilizing the multiplier or per diem methods as defined by Bloomberg Law to ensure we are accurately calculating the value of your claim.
- Once we know how much your case is worth and have identified the at-fault party, we can proceed accordingly by filing a claim against the liable party’s insurance company or move straight to trial if the at-fault party is uninsured.
- If we initiate an insurance claim, our next step will likely be to renegotiate the insurance company’s settlement offer.
- If your insurance settlement is inadequate, we will prepare to bring your case before a judge and jury.
- In court, your New Bedford car accident lawyer will present the strongest case possible, consistent with the evidence we have obtained against the defendant.
Give us a call today to discover how we can assist you.
New Bedford Truck Accident FAQ
When Are Truck Drivers at Fault for Collisions?
Truck drivers are frequently found liable for collisions due to unsafe or negligent driving. According to the Federal Motor Carrier Safety Administration (FMCSA), motorists who hold a commercial driver’s license (CDL) are held to a higher standard of driving. Some examples of negligent driving could include:
- Drunk driving
- Speeding
- Tailgating
- Distracted driving
- Reckless driving
- Following too closely
- Driving aggressively
- Fatigued driving
- Driving under the influence of drugs
- Failure to yield or stop
What Is the Statute of Limitations Deadline?
The statute of limitations refers to the amount of time you have to file a personal injury lawsuit after a truck accident. According to General Law – Part III, Title V, Chapter 260, §2A, the statute of limitations for truck accidents in Massachusetts is three years from the accident date. If you believe extenuating circumstances may impact how long you have to file your lawsuit, do not hesitate to consult your truck accident attorney in New Bedford to find out when your statute of limitations deadline will expire.
Can I Sue the Trucking Company?
You may be able to sue the trucking company for your damages after a collision. The trucking company is responsible for their truckers and may have encouraged them to violate FMCSA hours of service regulations as described under 49 CFR 395.
You may also have a claim against the trucking company if we discover the trucking company failed to conduct due diligence before offering employment to the truck driver who caused your trucking wreck.
Are Punitive Damages Going to Be Awarded?
Punitive damages are possible in your New Bedford truck accident case. Punitive damages can be issued if the defendant’s conduct warrants further punishment, as described by the Massachusetts Law Review. It is important to keep in mind that punitive damages are a rare award, so never expect them to be included in your settlement unless your catastrophic injury attorney says otherwise.
How Will a Shared Fault Influence My Settlement?
If you share fault for your truck accident, the state’s modified comparative negligence laws could impact how much you are awarded. Under General Laws, Chapter 231, §85, if you are partially at fault but your percentage of blame is less than 51%, you can still be awarded compensation at a reduced rate. However, if your portion of culpability exceeds the 51% limit, you may be prohibited from receiving a settlement in court.
Get Help from a New Bedford Truck Accident Lawyer Today
When your life has been turned upside down due to the reckless or negligent conduct of another, you will have no choice but to absorb some of the consequences. With help from a powerful New Bedford truck accident attorney, you have the opportunity to demand full reimbursement for your damages. Our team will carefully evaluate the damages you have endured to ensure you are compensated fairly for every loss.
With over 20 years of legal experience and thousands of successful trial verdicts and settlement negotiations, you can rely on DiBella Law to prioritize your needs and fight for the fair compensation you deserve.
When you are ready to take charge of your future but are unsure of where to begin, do not hesitate to contact our legal team and schedule a 100% free consultation. You can reach us through our secured contact form or by phone to initiate the claims process as soon as today.
We are committed to providing valuable information and resources to assist you.