Taking on a Trucking Company in an Insurance Claim

TRUCK COMPANY LIABILITY IN A TRUCK ACCIDENT CLAIM

Everyone involved in a truck collision may have severe injuries and significant property damage. You can take legal action against the irresponsible truck driver’s employer trucking company and bring a truck accident insurance claim or truck accident lawsuit.

However, the trucking company may, in certain circumstances, claim that it is not liable for the harm done since the truck driver was an independent contractor and not an employee. Our experienced truck accident lawyer has written this article for injured victims.

The distinction between workers and independent contractors is hazy in legal terms. Independent contractors often work when they want, establish their hours, and in certain situations, may even choose their compensation rates, in contrast to employees.

But independent contractor truck drivers’ reckless deeds (or inactions) may put trucking companies in danger. For instance, leasing a vehicle or a placard to the truck driver may subject trucking businesses to liability under federal law.

EXPERIENCED TRUCK ACCIDENT ATTORNEY

Commercial truck accident claims may be exceedingly complicated and diverse. It is not advised that you leave the result of your case to chance as a result. Warrior Trucking Accident Attorneys’ experienced Nashville truck accident attorneys may be able to file a lawsuit on your behalf against a trucking business and seek the financial compensation you need and deserve.

Call for a free legal consultation now. We know how to prove negligence and craft the best injury demand letter to get a great truck accident settlement.

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OTHER BASES FOR TRUCK COMPANY LIABILITY

There are further situations in which a truck company may be held accountable for the acts of a negligent driver in addition to vicarious responsibility. Trucking companies may specifically be held responsible for

• Not provide the truck driver with the knowledge and training required

• Ensuring that the truck driver does not adhere to all CDL renewal criteria

• Requiring the driver to run the vehicle non-stop for extended periods (usually when there is a financial incentive for the trucking company and the driver to drive long hours)

• Allowing or even encouraging the driver to transgress federal motor carrier standards or transportation laws

• Failing to conduct the necessary checks, maintenance, or repairs on the tractor or trailer that the driver runs

• Equipment failure or mechanical failure on the part of the truck manufacturer

WHEN A TRUCKING COMPANY IS NOT LIABLE FOR A TRUCK ACCIDENT

It doesn’t happen often, but if there is evidence that a truck driver intentionally caused an accident, the trucking business may no longer be responsible for its conduct. Even so, there is still a risk that a truck company may be held accountable for the truck driver’s activities if improper recruiting or retention practices were used, such as when the driver has a history of causing accidents on purpose.

The boundary between driver and trucking business responsibility is often drawn if the driver knowingly causes injury since the case would fall under intentional torts, such as an assault and battery case. The trucker’s conduct would be seen as having more to do with their own goals than the company.

THE TRUCKING COMPANY’S INSURER IS NOT ON YOUR SIDE

When submitting an insurance claim for damages, the trucking company’s insurer is not on your side. The insurance provider will ensure you get the least amount of money in your instance.

There are some steps you should take to assist in optimizing the value of your case when taking on the transportation business as part of an insurance claim. In particular, acquire all required paperwork, such as accident reports, witness testimonies, and police reports. Since insurance companies can contest blame or liability in truck accident cases, this proof is essential.

Additionally, you need to maintain and protect all of your associated medical bills and documents. Don’t forget, you may recover compensation for future medical expenses. These documents are required to demonstrate that the accident caused all of your losses and injuries and that you suffered injuries and damages due to the accident.

Last but not least, if your accident caused you to miss time from work, you should save any evidence of your employer’s lost wages. This material may be very helpful when calculating damages for past and future lost earnings.

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HOW TO SUE A TRUCKING COMPANY IN TENNESSEE: YOUR PRACTICAL GUIDE

In Tennessee in 2019, there were over 39,000 commercial vehicle collisions. At least 613 of the more than 15,000 injured persons lost their lives. However, we know that truck accident aren’t just about figures; behind each number is a struggle, a loss, and a narrative.

Because of this, the personal injury attorneys at Warrior Truck Accident Lawyers concentrate their expertise on significant motor vehicle accidents and commercial vehicle accidents. We fight for victims and their families to ensure they get the responsibility and payment they are due. This site covers truck accidents, the legal procedure, and what to anticipate at each step.

STEP 1: CONSULT WITH A TRUCK ACCIDENT LAWYER

Truck disaster claims are incredibly complicated when compared to ordinary auto accidents. You must be familiar with Tennessee law, federal transportation rules, medical terminology, and the sophisticated technology used to track and monitor most contemporary vehicles. It’s simple to make errors unless you’re a truck accident attorney with plenty of expertise.

WHY YOU SHOULD NEVER IGNORE TRUCKING VIOLATIONS AFTER A WRECK

FMCSA has regulations that most trucking businesses must adhere to regarding record-keeping, maintenance, and time spent on the road. For instance, the FMCSA‘s hours of service regulations mandate that truck drivers take breaks to lessen driver tiredness and maintain the safety of our highways.

Violations may have disastrous consequences when they happen. Because of this, Tennessee views regulatory infractions as proof of carelessness in and of itself, which may simplify your injury case and strengthen your position in the settlement negotiation process.

Notably, most insurance companies will dispatch teams of investigators and attorneys to the incident scene after a catastrophic truck accident. These teams focus on protecting the insurance company’s bottom line and influencing the authority’s inquiry. In the course of their attempts, evidence sometimes vanishes, and innocent people are often blamed.

You must be proactive and immediately speak with a truck accident lawyer if you want to fight back. Our crew is skilled at safeguarding evidence and has even collaborated with law enforcement to update unreliable police records. Additionally, we have a no-fee policy, so unless we succeed in getting you compensation, you won’t ever have to pay for legal fees or case expenses.

Our crew is skilled at safeguarding evidence and has even collaborated with law enforcement to update unreliable police records. Additionally, we have a no-fee policy, so unless we succeed to recover compensation, you won’t ever have to pay for legal fees or case expenses.

STEP 2: IDENTIFY WHO IS RESPONSIBLE FOR YOUR WRECK

Determine all the parties at fault before bringing a truck accident lawsuit. This might incorporate the following:

●       Truck drivers are to blame, mainly if they work as independent contractors

●       Transportation companies that operated carelessly or in violation of safety norms

●       Businesses that loaded the truck incorrectly.

●       Producers and sellers of faulty or hazardous vehicle components

●       Restaurants and bars that purposefully overserved an inebriated driver

●       Additional parties involved in the collision

This implies that there may be several insurance companies, legal disputes, and litigation related to your claim.

Your family may get less money if you don’t name all the persons involved in your damage claim. You must thus locate each insurance policy that provides coverage for your injuries.

STEP 3: INVESTIGATE YOUR CLAIM AND BEGIN “PRE-LITIGATION”

Despite starting on day one, your truck crash attorney’s research truly picks up steam during the pre-litigation stage of your claim. Your attorney will gather information to support your legal claims during this time, including your medical records, crash reports, and expert testimony from medical professionals, accident reconstructionists, and trucking safety experts.

They will appraise the settlement worth of your claim and compute your damages simultaneously. Your losses might include any of the following, depending on your situation:

• Expenses for medical care, both now and in the future

• Costly Medical Bills

• You require medical technology and equipment to lead a productive life.

• lost earnings potential and income

• Distress and suffering

• Costs of long-term care

• Loss of happiness if one is unable to continue doing what one love

• lack of group support (the loss of spousal affection or companionship)

• Costs of burial and funeral

• Accident related expenses

The insurance company will then be notified of your claim by your attorney, who will request payment for your damages based on the data they have gathered. There are situations when a settlement may be reached without going to court. The official legal procedure will begin if that is not feasible (or your two-year filing date is quickly approaching).

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STEP 4: FILE A PERSONAL INJURY LAWSUIT AND LITIGATE YOUR CLAIMS

Litigation, when you and the at-fault parties attempt to settle your disagreement in court, begins with filing a lawsuit. You will first submit a complaint, a written statement outlining your concerns, and seek compensation. The at-fault parties must then be notified that they have been identified as defendants in your action.

The other parties then have a set amount of time to reply to your allegations. Following receipt of your complaint and the defendant’s responses, the court will issue a scheduling order that establishes further due dates in your case.

Following that, you and the other parties will exchange material via a procedure known as discovery, begin putting together your case for trial, and go on with your settlement discussions.

TRUCKING ACCIDENTS AND WRONGFUL DEATH CLAIMS

You may be able to file wrongful death claims against the trucking business and other parties if you are a family part of someone who perished in a commercial truck accident. You will need to take extra procedures when filing your complaint since these are emotionally taxing instances.

For instance, as part of a claim for a fatal truck accident, you usually have to establish an estate with the probate court. We advise you to speak with a personal injury attorney with a wealth of expertise since these cases are very complicated.

STEP 5: GO THROUGH DISPUTE RESOLUTION

Personal injury claims often resolve outside of court. Truck accident lawyers at Crosley Law always strive to get fair settlements for their clients, and we have discovered that mediation and other kinds of dispute resolution are effective strategies.

All parties to a case convene for mediation to attempt to settle their differences with a qualified professional mediator who can help them find areas of agreement and direct their discussions. Even while we’ve had a lot of success doing so during mediation, it’s only sometimes doable. The court will schedule a trial date in these situations.

STEP 6: TRY YOUR TRUCK ACCIDENT CLAIM IN COURT

A jury will hear your case in a trial, analyze the evidence, and reach a decision. This is a fairly formal procedure when both your injury attorney and the defense team representing the insurance company will present their cases, cross-examine witnesses, and attempt to find flaws in the other side’s case. Days may pass before it is finished, particularly if your litigation includes several parties or challenging topics.

Working with a knowledgeable truck injury lawyer can help you through your trial and ensure that you are well-prepared. Make sure your attorney addresses all of your concerns and that you are aware of what to anticipate.

While it may seem that a trial puts an end to trucking accident litigation, that isn’t always the case. The verdict will be appealable by any party, and insurance companies often claim this privilege. Your attorney may assist you in responding to the appeals’ arguments (and might continue to work on a settlement on your behalf).

THREE THINGS YOU SHOULD KNOW ABOUT TRUCK ACCIDENT CLAIMS

Three Important Truck Accident Claim Tips

Has a commercial truck accident caused you harm or the death of a loved one? If so, you could be entitled to claim for your losses or injuries. The following three details concerning making a truck accident claim are essential to know. Distracted driving is one of the biggest causes of truck driver’s negligence.

1. THE TRUCKING INDUSTRY IS REGULATED BY BOTH STATE AND FEDERAL LAWS

Commercial trucking is a heavily regulated business due to the enormous size of the participating trucks and the danger to other drivers. Federal and state laws govern tractor-trailer safety regulations, and breaking them may constitute carelessness if the truck is involved in an accident. Here are some examples of those laws.

FEDERAL TRUCKING REGULATIONS

The government organization in charge of policing and monitoring commercial motor vehicle safety is the Federal Motor Carrier Safety Administration. For both their safety and the protection of other road users, laws about truck drivers significantly emphasize preventing driver weariness.

The FMCSA recently passed a rule limiting the length of time a commercial truck driver may operate before taking a break to lower accidents brought on by driver weariness. The highlights of this rule are as follows:

●       All interstate drivers of commercial motor vehicles that weigh more than 10,000 pounds, either in gross vehicle weight or total gross weight, and those transporting hazardous chemicals in quantities requiring placards, are subject to the hours of service regulations.

●       There is a window of 14 straight hours for property-carrying drivers to drive following ten or more hours of unscheduled time. Driving for up to 11 hours is permitted throughout these 14 hours.

●       The driver must take a 30-minute break from driving every eight hours.

●       Drivers must only work 60 or 70 hours every 7 or 8 days according to the Hours of Service law, in addition to daily driving restrictions.

●       Drivers who take at least 34 straight hours off from work may “restart” their 60 or 70-hour workweeks.

●       On-duty time also includes all time spent at a motor carrier’s or shipper’s plant, terminal, facility, or other property, time spent inspecting, maintaining, or preparing a truck; time spent loading, unloading, supervising, or taking care of the load in the truck, time spent handling paperwork related to shipments, and time spent traveling to and from a collection site to submit to required drug testing.

●       Drivers may be given an additional two hours of nonstop driving time if they encounter unexpectedly dangerous driving conditions along their trip.

●       There are exceptions to the time of service rules for short-haul commercial drivers who do not need a CDL and operate within a 150-mile radius.

Other federal regulations that truck drivers are subjected to include:

• Drug and alcohol testing at work

• Instruments for electronic logging

• Medical criteria for duty readiness

• Securement of cargo

• Use of hands-free phones and a ban on texting while driving

• Transporting potentially dangerous items

• Future Medical Care

STATE TRUCKING REGULATIONS

Commercial truck drivers must abide by state laws in addition to federal standards. Tennessee puts the following restrictions on truck drivers:

• The mandate is that all business vehicles have a current and valid tag.

• A gasoline label from the Department of Highway and Motor Vehicles if the truck has three or more axles, weighs more than 26,000 pounds, and travels on a public highway.

• Regulations governing tractor-height trailers and weight. The maximum weight for vehicles driving through Tennessee is 80,000 pounds, with a few exceptions. The height of the vehicle and trailer cannot exceed 13’6″. Drivers who have overweight cars will get a ticket and a civil fine. In addition, the driver may have to unload some of the cargo to pass if the car is at least 6,000 pounds above the weight restriction for a particular route or bridge.

• The vehicle must be in safe, functional condition.

• The showing of a valid Tennessee or Department of Transportation of the United States number.

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2. THERE MAY BE MULTIPLE AT-FAULT PARTIES

Consider seeking reimbursement from the truck driver’s insurance provider if you are involved in an injury caused by a commercial truck driver and your losses are greater than those covered by your injury protection policy. No, and yes. It could get a little complex. This is why.

Although there are undoubtedly exceptions, a lot of truck drivers work for one firm while also transporting goods for another one or more. Their vehicles may be repaired and maintained by another company, using components produced and sold by several other businesses.

You see what I mean. Several possible parties, each with their insurance, may be liable to you if you decide to file personal injury compensation after a truck accident. Here are some situations when there may be numerous parties that are negligent.

• The corporation owned the vehicle and employed the truck driver responsible for the collision. Your attorney’s inquiry discovered that the driver had previously failed a drug test and had tested positive for illicit substances at the time of the collision. The tuck company that hired the driver may be accountable to you for damages since it put him out on the road while knowing about these failed tests.

• he technician who repaired the truck in the accident neglected to carry out a crucial safety check before certifying it was roadworthy. The mechanical malfunction that caused the accident would have been exposed during the safety inspection. The technician could thus be responsible for your damages.

• A faulty component on the truck that was involved in the collision failed and caused the collision. Because of the such flaw, the producer and/or distributor of that component may be liable to you.

• The merchandise was placed onto the accident vehicle by a third-party warehousing company . Your lawyer learns that the truck driver lost control because the weight inside the vehicle abruptly changed. The warehousing company could be responsible for you.

Proving Negligence in a Truck Accident Case

These are just a few instances when different parties may be liable for the harm you suffer in a truck accident. However, your attorney will often (but not always) need to prove each party’s carelessness for a court to hold those parties responsible. There are three steps to proving carelessness, which involves proving:

You owed the defendant a duty of care. Each party may have a separate responsibility of care. For instance, the safe operation of a tractor-trailer would fall within the truck driver’s duty of care. The trucking company’s duty of care would be to ensure that its drivers are trustworthy, have good driving records, are adequately trained, and have acceptable work practices. The mechanic’s duty of care would be to ensure that the vehicle is well-maintained and functioning. The warehouse company ensures that cargo is loaded and secured by safety regulations. It is against the law for manufacturers and distributors of semi-truck components to release faulty goods into the marketplace.

●       A violation of that duty of care occurred.

●       The breach caused the injuries you experienced.

●       The so-called pure comparative negligence test is utilized in Tennessee personal injury law, requiring the judge or jury to determine how much blame each possible party bears for a person’s injuries.

The plaintiff and any or all of the defendants may be included in this (whose actions may also have contributed to an accident). Any party determined to be at blame for the plaintiff’s injuries must subsequently provide restitution following their degree of guilt.

For instance, if the damage judgment for a truck accident is $100,000 and the truck driver is held 50% accountable, the trucking business is held 10% accountable, the shipping company is likewise held 10% accountable, and the claimant is held 30% accountable for the accident that resulted in their injury:

●       Due to the claimant’s involvement in the accident, the award would be decreased by $30,000 from the original amount.

●       It would be required that the truck driver and/or his insurance provider pay $50,000.

●       A $10,000 fine would be imposed on the trucking company and/or its insurance provider.

●       The insurance provider and/or shipping company must pay $10,000.

3. HIRING A TRUCK ACCIDENT ATTORNEY TO REPRESENT YOU IN YOUR CLAIM

The statistics above show that truck accidents may sometimes be far more complicated than collisions involving two passenger vehicles. Employing a knowledgeable truck accident lawyer might help you obtain the settlement or courtroom victory you want for your rehabilitation.

Investigating the accident to seek signs of guilt and prospective insurance policies from which to draw the sought-after compensation is one of the legal counsel’s services to you.

The lawyer will investigate several items, including:

THE REASON FOR THE ACCIDENT

Was the motorist worn out? The hours the driver worked may be determined by looking at his or her computerized driving records. Additionally, the police report can include a narrative claiming that the driver dozed off or admitted to being exhausted at the time of the collision.

Was the driver’s education up to par? The company they work for should keep a thorough record of the driver’s employment, including any training they may have gotten on the job. What type of background investigation was conducted on the driver before hiring? At the time of the collision, was the driver intoxicated?

Was he or she speeding, and has this happened before? Does he or she have a valid CDL? What does the truck’s black box suggest was going on at the time of the collision? How recently was the vehicle serviced? Which components were used? Are any components being recalled?

What criteria did the shipper use to choose a transportation provider? Were those rules upheld? How was the merchandise of the shipper placed onto the truck? What was done to ensure the weight was distributed equally throughout the truck? Was the shipment a dangerous substance?

If yes, where are loading and transport conducted following Office of Hazardous Materials Safety rules? Are punitive damages necessary to penalize the motorist whose conduct caused the accident because they were so egregious? A knowledgeable lawyer will want to know the answers to several questions, and these are just some of them.

THE TRUCK DRIVER WORK

For a company or is an independent contractor. When identifying possible at-fault parties, this is crucial. Some considerations are how much control the corporation has over the driver’s activities, who owns the vehicle, how the company compensates the driver, and the needed degree of ability.

THE EXTENT OF YOUR WOUNDS:

Truck accidents often result in serious accidents, such as traumatic brain injuries, spinal injuries, or limb loss. These kinds of wounds often change people’s lives. A skilled personal injury lawyer will consider the damages, your prognosis, and your potential income reduction.

The worth of your case—the potential monetary damages the court could grant—is influenced by all of these facts. A personal injury claim may seek damages for past and future medical costs, low income, diminished earning capacity, pain & suffering, and quality of life losses.

DID A TRUCK CRASH INJURE YOU? CALL US TODAY

The lawyers at Warrior Truck Accident Attorneys are ready to talk with you about the specifics of your case and go through the legal alternatives that could be open to you if you were hurt in a collision with a commercial truck in Tennessee.

. To book your free consultation, contact Warrior Truck Accident Attorneys at 629-257-8558 or via email.

TALK TO A NASHVILLE TRUCK ACCIDENT LAWYER FOR A FREE INITIAL CASE EVALUATION AND LEGAL CONSULTATION

Severe truck accident injuries may be life-altering and need extensive medical care, not to mention a protracted healing process. Large insurance companies with knowledgeable lawyers are on the side of truck drivers and trucking businesses. As a result, you must also have a knowledgeable truck accident attorney representing you throughout your case.

The truck accident attorneys at Warrior Trucking Accident Attorneys in Nashville can talk with you about your version of events.

They may be able to counter any responsibility arguments put forward by the insurance provider.

Our attorneys will battle for your right to claim for your injuries. Call us at 629-257-8558 to set up a free consultation and case review with a Nashville truck accident attorney, or email us.