Can I get money from a man whose mattress I hit on the highway?

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Can I get money from a man whose mattress I hit on the highway?

I hit a mattress on the highway in 02/10 and I had to pay the detuctable to get the car fixed. Today I found out that the axle had been damaged in the accident and I have to pay to get that fixed. Is there anyway I can go after the guy who dropped the mattress?

Asked on October 18, 2010 under Accident Law, Massachusetts

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You could sue for negligence.  Your damages (the amount you are seeking to recover in your lawsuit) would be the cost of repairs to your car.  If you miss time from work due to lack of transportation, you could also include your wage loss in the amount you are seeking to recover in your lawsuit.  You may be able to file your lawsuit in Small Claims Court.  Your damages should include the cost of repairs to your car, any wage loss, and court costs.  Court costs would include the court filing fee and process server fee.  You will need to mitigate (minimize) damages by not selecting the most expensive repair shop you can find, but selecting a repair shop whose charges are comparable to other repair shops in your community.  If you don't mitigate damages, your damages will be reduced accordingly.


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