Tennessee Truck Accident Liability

Did you suffer injuries in a Tennessee truck accident? If so, you might be struggling to make ends meet and wondering who will pay for your losses. You could be entitled to compensation from a truck accident claim, but going up against large trucking companies and their insurers can be daunting. You need someone who understands how to fight for your rights and secure the money you deserve. You need Daniel, Daniel, & Newman.

Our law firm brings over 80 years of trusted legal support to Grainger County and Eastern Tennessee residents. Lead attorney Evan M. Newman is at the helm, continuing the legacy of his predecessors, Creed Daniel and the late Dirk Daniel. Our Christ-centered law practice respects the values, ideals, and traditions of Grainger County citizens, with a high satisfaction rate among clients who have trusted us with their truck accident cases.

Contact us today for a free, no-obligation initial consultation and case review. We know what it takes to challenge the tactics truck companies use and handle your case effectively, and we charge no fees for truck accident cases unless we win.

What Are the Truck Accident Liability Laws in Tennessee?

In personal injury law, “liability” is the legal responsibility one party has to pay for the harm they cause to another party. In Tennessee, truck accident liability is based on the concept of fault. In other words, if someone is at fault for causing a truck accident, they are also liable for the injuries and damage that result from the accident. If an injured party can prove that another party is liable for a truck accident, the injured party can demand monetary compensation from the liable party to cover their losses.

Who Could Be Liable for Truck Accidents in Tennessee?

If you get hurt in a truck accident, you will need to identify the liable parties before you can file claims against them seeking compensation for your losses. Depending on the circumstances, one or several of the following entities could be liable for the accident that injured you:

• The Truck Driver – The person behind the wheel at the time of the accident often bears at least some responsibility. If the truck driver was speeding, driving distracted, or violating other traffic laws, they can be held accountable for resulting accidents.
• Other Motorists – Other drivers on the road can also contribute to truck accidents. For example, if a car cuts off a truck and causes the truck driver to swerve and crash, they could be liable. All drivers have a responsibility to operate safely and to avoid actions that could endanger others.
• The Trucking Company – The company that employs the truck driver or owns the truck can be liable. This is especially true if the company failed to perform necessary background checks on drivers, did not provide adequate training, or neglected to keep the truck in a safe working condition.
• Cargo Loaders – A truck’s cargo load must be balanced and securely fastened to prevent shifting during transport. The parties responsible for loading a truck’s cargo might be at fault if improperly secured or overloaded cargo contributed to the accident.
• The Truck Manufacturer – Manufacturers must ensure that their products meet safety standards and are free from defects. If a truck accident results from a mechanical failure, such as a brake failure or tire blowout, the manufacturer of the truck or the defective part could be responsible.
• Maintenance Providers – Companies tasked with maintaining and servicing trucks play a critical role in road safety. If an accident results from a mechanical issue that should have been addressed during routine maintenance, the maintenance provider could be accountable.
• Government Entities – In cases where road conditions contribute to a truck accident, the government entity responsible for road maintenance could be liable. This could occur if inadequate signage, poor road maintenance, or hazardous obstacles cause an accident.

Evidence That Could Support Your Truck Accident Liability Claim

Various types of evidence can strengthen your truck accident liability claim by providing a comprehensive view of the accident and its impacts. For example, photographs from the accident scene can show the positions of the vehicles post-crash, road conditions, and skid marks or debris that might indicate the cause of the accident. Additionally, video footage from traffic cameras or dashcams can provide real-time evidence of how the accident occurred.

Records and data can also offer valuable evidence. Electronic logging devices (ELDs) that record data about a truck’s operation can offer insights into the driver’s behavior before the crash, such as speed and braking patterns. Similarly, medical records can detail the injuries you sustained due to the accident to link the crash to the physical harm you suffered.

Witness statements can be useful, too. People who saw the accident can provide firsthand accounts that support claims of negligent driving or other factors that contributed to the incident. Finally, expert witnesses like accident reconstruction specialists can clarify the dynamics of the crash and provide professional interpretations of the evidence.

Types of Compensation Available for Truck Accidents in Tennessee

If you have been involved in a truck accident in Tennessee, you could be entitled to financial compensation to help you manage the consequences of the incident. The purpose of this compensation is to alleviate the economic impact of the personal and financial losses you have suffered as a result of the accident.

With a successful truck accident claim, you could obtain compensation for the following:

• Medical Expenses – The costs you incur for things like hospital stays, doctor visits, and treatments you require to recover from the accident
• Future Medical Costs – The projected future costs of ongoing care, such as surgeries or physical therapy, you will likely need in the future due to the accident
• Income Losses – Losses in income you experience if you miss work while recovering from your truck accident injuries
• Lost Earning Potential – Estimated losses in your future earning capacity due to truck accident injuries that prevent you from returning to your previous job or working at all
• Pain and Suffering – The physical pain and emotional distress you experience due to the accident
• Lost Quality of Life – A reduced ability to enjoy daily activities or maintain your lifestyle

How the Tennessee Contributory Negligence Laws Could Affect Your Case

Tennessee uses a modified comparative negligence rule to determine how much compensation each party can claim in personal injury cases where two or more parties are at fault. This rule looks at each party’s involvement in the accident to decide how much they were at fault, expressed as a percentage, and how much compensation they can receive.

If you are partly at fault for the accident, this rule could reduce the amount of money you can get. Here’s how it works: if the court finds that you are less than 50 percent responsible for the truck accident, you can still claim compensation, but the amount available will decrease based on your percentage of fault.

For example, let’s say a court found you 30 percent responsible for a truck accident because you were speeding, and your losses totaled $100,000. In that case, the most compensation you could receive would be $70,000, or 30 percent less than your total losses. However, if you were found 50 percent or more at fault, you wouldn’t be entitled to any financial support for your losses.

If another party accuses you of causing the truck accident that injured you, a knowledgeable truck accident lawyer like Evan Newman can work to minimize your percentage of fault and maximize your payout.

How Long Do You Have to File a Tennessee Truck Crash Lawsuit?

Tennessee Code Annotated § 28-3-104 gives you one year from the date of a truck crash to file a personal injury lawsuit against a liable party. If you fail to bring your lawsuit within this time frame, you will lose your chance to seek financial compensation for your injuries and losses. In light of this strict deadline, you should contact Evan as soon as possible after the accident to be your lawyer.

Evan can prepare your claim efficiently and file all the relevant paperwork on time. He understands the importance of prompt action and can work quickly to gather the necessary evidence and documents to support your case. By getting Evan as your lawyer involved early on, you can protect your legal rights and increase your chances of a fair financial recovery.

Why You Should Hire a Tennessee Truck Accident Attorney

Truck accident cases in Tennessee are tough to win because truck companies and their insurance providers often work hard to deny liability and reduce the amount of money they owe. These companies have strong legal teams and lots of experience in avoiding large payouts. They might argue that the accident resulted from unavoidable circumstances or even try to place some of the blame on you. This can make it difficult or even impossible to get the compensation you deserve on your own.

Evan is a reputable Grainger County truck accident liability lawyer who can make a big difference when it comes to facing these challenges. He’s experienced and knows how to counter the tactics truck companies use and gather solid evidence that supports your side of the story. Evan can handle all the legal filings and represent you in negotiations or court if necessary. His goal is to make your case as strong as possible and push for the financial support you need to recover from the accident.

Get the Help You Need from a Grainger County Truck Accident Lawyer

Are you looking for help after a truck accident in Tennessee? Don’t face this challenging time alone. Daniel, Daniel, & Newman is here to provide the support you need. Reach out today for a free initial consultation, and let Evan handle the legal details while you focus on your recovery. You pay nothing unless he wins money for your case.