The typical passenger car or minivan is no match for a commercial truck. Truck accidents occur every day in Tennessee due to a variety of factors, including speeding, driver fatigue, improperly loaded cargo, and even drunk driving. When a negligent driver’s actions injure (or kill) innocent people, our experienced accident attorneys can help file a personal injury claim and help them understand their rights under the law.
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An aggressive approach is often necessary in truck accident cases. A simple car accident may involve nothing more than an exchange of contact and insurance information. But commercial trucks are subject to a complex web of ownership and federal regulations.
There may be multiple parties responsible for a truck accident. The driver is not always the negligent party. A semi-truck’s cargo may have been loaded incorrectly or improperly secured. The truck may be loaded past its weight limit. The truck’s owner may not have performed regular safety inspections. The driver may be working too many hours, which violates federal law. Any number of negligent acts can lead to injuries to an innocent person.
At Bednarz & Bednarz, we know how to investigate truck accidents. It may take several weeks or months of work to discover the truth behind your accident. This is time and effort you cannot afford on your own, especially if you are recovering from serious injuries and missing time from your own job. Our lawyers will ensure that the responsible parties are identified and held accountable.
Truck Accidents: Statistics and Causes
Truck accidents happen far too often on Tennessee roads and across the country, and the consequences are frequently severe. Because commercial trucks are much larger and heavier than passenger vehicles, these crashes are more likely to result in catastrophic injuries or fatalities. When a truck accident occurs, a thorough investigation is often necessary to determine exactly what happened and who should be held responsible.
When a truck accident occurs, it is crucial to conduct a thorough investigation to determine its cause. The study conducted by the National Highway Traffic Safety Administration (NHTSA) found that common causes of large truck accidents include:
- Driver errors, including driver non-performance, performance, recognition, and decision errors
- Vehicle defects
- Environmental hazards
Examples of the above causes include driving while fatigued or impaired, aggressive driving, speeding, performing illegal maneuvers, taking turns too quickly for conditions, vehicle tire or steering defects, objects in the road, adverse weather conditions, or poor or missing signage.
Why Truck Accident Investigations Must Begin Quickly
Truck accident claims are often far more complex than ordinary car accident cases because critical evidence may be controlled by the trucking company or its insurers shortly after the crash. In many cases, the most important records are not available at the accident scene and must be obtained through a prompt and thorough investigation. That is one reason truck accident victims should seek legal guidance as soon as possible after a collision.
Key evidence in a truck accident case may include driver logbooks, hours-of-service records, black box or electronic data, truck inspection reports, maintenance records, dispatch records, cargo-loading documents, cell phone records, and post-crash drug or alcohol testing results. These materials can reveal whether a driver was fatigued, speeding, distracted, overloaded, improperly trained, or operating a vehicle that should never have been on the road.
In addition, trucking companies and their insurers often begin investigating immediately after a serious crash. Their representatives may work quickly to limit liability and protect the company’s interests. If an injured victim waits too long, evidence may be lost, overwritten, or harder to recover. Witness memories may also fade over time, making it more difficult to prove exactly how the collision happened.
A prompt investigation can also help identify all potentially liable parties. In some truck accident claims, responsibility may extend beyond the driver to include the trucking company, a maintenance provider, a cargo-loading company, a vehicle manufacturer, or another third party. Identifying every responsible party is important because catastrophic truck accidents often result in extensive medical bills, lost income, and long-term rehabilitation needs.
At Bednarz & Bednarz, we understand how to investigate serious truck crashes and take the steps necessary to protect evidence before it disappears.
FAQs on Large Truck Accidents in Tennessee
Who is liable for my damages? Understanding truck accident liability is critical if you want to recover monetary compensation for the losses you’ve suffered as a result of your crash. Tennessee is an at-fault state, meaning liability is based on negligence: whoever caused the accident is responsible for the damages. Potentially liable parties in a truck accident claim might include:
- The truck driver
- Trucking company
- A third-party driver
- The manufacturer of the truck or a defective truck part
- Cargo loaders or shippers
- The party responsible for road maintenance
Clearly, a thorough investigation must be conducted to determine the cause of the crash and identify those liable. Liability may be shared between two or more parties.
- How much can I recover? Before you file your truck accident claim, you probably want to know how much you are likely to recover and whether filing a claim or a lawsuit is worth it. While no one can guarantee the exact amount you can recover, you have the right to pursue compensation for the full value of your losses, including the total value of your economic and non-economic losses. This includes compensation for your medical costs, lost wages, property damage costs, and pain, suffering, and emotional distress.
- How much time do I have to file a lawsuit? Tennessee maintains a one-year limit on the amount of time you have to file a lawsuit after being injured due to another’s negligence. This means that you must file a lawsuit within one year of the date of your accident to recover damages; if you surpass the one-year deadline, you may be permanently barred from recovery.
- Do I need an attorney? Many people wonder whether hiring an attorney is required or necessary. While there is no legal requirement to hire an attorney, doing so can significantly improve the chances of your claim being successful.
Truck Accident Victims are Entitled to Full Compensation
The force of a truck impact can be catastrophic. Truck accident victims frequently report the following injuries:
- Neck injuries, such as whiplash
- Traumatic brain injuries
- Spinal injuries, including herniated discs or paralysis
- Broken bones, fractures, dislocations, and torn or damaged ligaments
- Severe lacerations
Additionally, many commercial trucks transport toxic and hazardous materials that may spill in the event of an impact. These dangerous chemicals may ignite and cause third- or fourth-degree burns to innocent victims. And even if the truck itself is not carrying hazardous materials, the force of the impact may cause the gas tank in the victim’s car to explode.
Severe injuries do not heal right away. Many truck accident victims face months, even years, of painful treatment and rehabilitation. And some victims do not survive their injuries, leaving behind families who are both financially and emotionally devastated. At Bednarz & Bednarz, we know how to help these victims obtain full compensation for their losses.
Skilled Trial Lawyers Fighting for You
Nothing can ever undo the damage done by a truck accident. But you can take a positive step to rebuild your life by contacting a qualified truck accident lawyer. Our attorneys can vigorously represent your interests and make sure you are not victimized again by the trucking company and its insurance carrier. Contact Bednarz & Bednarz at 615-256-0100 or online to schedule a free consultation.
