What Can I Sue for in a Truck Accident?

Any time a truck is involved, serious casualties are often sustained. Smaller vehicles are susceptible to semi-size trucks and weight.

A person may have many life-long consequences as a result of an accident. You should not handle the fallout alone if you were hurt in a crash. You are entitled to financial compensation. Whether you suffered severe burns, internal injuries, spinal cord injuries, or a traumatic brain injury, it is your Constitutional right to seek financial recovery.

The truck driver could be to blame for the damage. You should contact a Nashville truck accident lawyer even if you believe you have no case. Truck accident lawyers can find that you have a truck accident case to sue the responsible party for damages. We offer a free legal consultation to answer all of your truck accident questions.

Severe injuries are very common from trucking accidents in Nashville. Since the statute of limitations in Tennessee is only one year, it will likely be necessary to make sure you truck accident settlement includes future medical costs. Your personal injury lawyer will explain all of this to you during your free consultation.

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EXAMPLES OF TRUCKING ACCIDENTS

There are many aggressive driving truck-related accidents on the nation’s interstates and main thoroughfares. An estimated 5,005 people die from accidents each year, most of whom are passengers in other cars. Drivers are involved in head-on and rear-end incidents.

When truck driver error is to blame and the accident occurred in Nashville, you have a lot of options moving forward. Call us for a free legal consultation to see if the driver’s action constitute negligence. We will investigate the at fault party for the truck crash and seek damages on your behalf.

These additional frequent forms of semi-truck collisions:

JACKKNIFE

The trailer may sway to the side when a truck driver applies the brakes fast and forcefully. The weight of the truck might cause damage to surrounding automobiles, and it could fold at a 90-degree angle. Trucks might also be in danger of jackknifing under poor road conditions.

ROLLOVER

Typically, a rollover occurs when a truck driver loses control of the big vehicle. When approaching a bend, trucks might lean excessively and collapse to the side if drivers do not slow down. The next step is for the tractor-trailer to crash with a nearby passenger car.

FALLEN CARGO

Other drivers are more susceptible to accidents when cargo is improperly secured. To avoid the debris, someone following a truck can swerve and hit a tree. If a heavier weight falls on the front of a vehicle, it might result in serious casualties or property damage.

UNDERRIDE

The car behind a truck that stops abruptly risks colliding with its bumper. Smaller vehicles, however, could slide under the trailer. Extreme repercussions for the car might result from underride incidents.

After a truck accident, pedestrians, motorists, and passengers often suffer severe losses.

CONTRIBUTING FACTORS IN TRUCK COLLISIONS

Road modifications might become unexpected. They could, however, be the consequence of carelessness. Your attorney determines the cause of the accident after reviewing your case. There might have been a lot of contributing elements.

The following are the causes of truck accidents:

FATIGUE

Drowsiness is more likely to occur early in the day and late at night. Approximately 48% of events occur between 6 and 3 in the afternoon. To prevent weariness, hours of service dictate how often a trucker works. Although the ELD requirement has decreased the incidence of infractions, the problem still exists.

BLIND SPOT ACCIDENTS

Compared to passenger cars, semi-trucks have wider blind zones. If a driver has to change lanes, they must be extra watchful of oncoming traffic. They could run into another driver and push them off the road.

LACK OF TRAINING

Trucks function differently from standard automobiles. The larger size and weight need training from an employer. Untrained staff members are unable to move the trailer through traffic. Insufficient training may result in poorly secured goods.

SPEEDING

Trucks need extra room to brake safely. Distance from the car in front must be increased as speed increases. The truck driver may fail to apply the brakes in time if the automobile in front of him abruptly slows down or stops. Losing control of the trailer might result from speeding.

An accident might have other reasons as well. Losses may be paid for in many truck accident cases when carelessness is a role. Trucking companies will try conceal this evidence.

SETTLEMENT VALUE CALCULATOR

WHAT CAN YOU SUE FOR IN A TRUCK ACCIDENT LAWSUIT?

You may receive the following truck accident damages after you settle a truck accident claim.

PROPERTY DAMAGE

Suing is possible for a variety of harms. Truck accident victims often have to pay a repair business to replace their automobiles, and if the damage is severe enough, they may even have to pay for a brand-new vehicle. Other than the automobile, other personal objects might also be considered property.

The price of repairing or replacing phones, laptops, and other electronics may be covered by an insurance settlement. To determine the compensation you deserve, save the receipts.

HEALTHCARE EXPENSES

You may file a lawsuit to recover all medical expenses incurred during your recovery. Emergency department visits and hospital stays result in high medical expenses. In the United States, a day in the hospital will set you back about $2,607. However, certain institutions may charge more.

Medication and certain treatments increase a person’s expenditures. The cost of physical rehabilitation and any future medical expenses must also be covered. If you prove the other person acted carelessly, you may claim both past and present medical expenses.

LOST DAYS OF WORK

You can miss many days or weeks of work due to your injuries. Life is challenging when you have to pay for bills and food since you do not have any income. You might file a claim for lost wages if the accident was not your fault. Paystubs aid in demonstrating how much cash should be included in any prospective trucking accident settlement.

In addition, if you cannot work in the same capacity, you may be able to claim a loss of future wages. If a young victim cannot work due to the accident, the court may provide them compensation.

LOWERED QUALITY OF LIFE

A person’s physical and emotional health may be affected by incapacitating injuries. A person may not be able to carry out everyday activities they could before the injury. A person’s emotional health may alter, which is another consequence.

Those who have been victims may no longer enjoy their preferred pastimes as much, and despair may set in. In most cases, the court compensates for the lowered living standard.

FATAL ACCIDENT DAMAGES

You might submit particular expenditures if a loved one died due to a vehicle accident. A payout covers the funeral and burial expenses. Some victims with injuries pass away many days after an accident. So, you have the right to file a lawsuit for the medical bills your family racked up over that time. You can also recover the lost income they would have generated.

Lawyers also figure up non-economic wrongful death damages. Loss of services and loss of consortium are two examples. You should discuss who is eligible to get compensation with your attorney. What else you may sue the other party for in an accident might be discussed.

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WHO CAN YOU SUE FOR YOUR INJURIES?

THE TRUCK DRIVER

After a crash, people often focus on the truck driver first. A driver’s mistake might have various reasons, such as distracted driving or failing to drive reasonably cautiously in bad weather. But other parties can also be responsible for your injuries.

Schedule a free case review today to understand the process.

TRUCKING COMPANY

The vehicles that a trucking business puts on the road are under its control. Carriers must do routine maintenance and inspections. A mechanical issue with the delivery vehicle can indicate that the corporation forgot to maintain it. Employers must also choose qualified employees.

Employing the right recruiting procedures prevents carriers from employing drivers with a history of moving infractions. You may also make an employer answerable if they hire unskilled drivers. Deliveries generate income for businesses, and training programs cost money.

A carrier may have sped up the training process and sent a worker before they were ready.

TRUCK MANUFACTURER

Manufacturers of trucks and vehicle components might be at fault in a collision. Some organizations economize while designing or producing a component. While the vehicle operates, problems with the brakes or engine might occur.

THE LOCAL GOVERNMENT

Truck control is lost due to road dangers like damaged pavement in a few instances. You may sue local and state governments for damages if they fail to maintain the roadways a safe place to travel. The procedure is distinct from a lawsuit against a person, however.

Your truck accident attorney may seek compensation from any responsible parties.

HOW TO FIND A NASHVILLE TRUCK ACCIDENT LAWYER

You can win your case with the aid of a lawyer, but you need first choose the best one. You must locate a lawyer who focuses on truck crashes since not every business is identical. Truck accident attorneys are familiar with the law relating to personal injury and semi-trailers.

People may find a directory via a variety of internet services. A list of possible businesses in your region is available. To find out more about a lawyer, go to their website. Information about the team and their level of expertise are available on several lawyer websites.

Websites often include customer testimonials and samples of past case outcomes. You can determine the lawyer’s professionalism and legal expertise.

Of course, a relative or a close friend could be able to guide you. Someone you can trust could have gone through something similar, and they might know a trucking accident attorney who helped them get compensation.

The ideal lawyer would be interested in your case and make an effort to get to know you. A meeting is an occasion to assess someone’s knowledge and vigor. You may ask your questions once the attorney has questioned you. Most businesses provide free consultations to prospective customers.

CAN YOU START A LAWSUIT WITHOUT A LAWYER?

Due to problems like medical costs, many victims have financial difficulties. Lawyer costs can discourage people from seeking legal counsel. Someone can wonder whether they can handle the litigation procedure on their own.

The law generally permits anyone to pursue a matter on their behalf. You would represent yourself in court. As a result, you must follow the same policies and guidelines as attorneys. Filing your truck accident claim with the appropriate clerk’s office is one of the initial stages.

You would need to collect facts and construct an argument to demonstrate that the other side was negligent. Without legal representation, a case will be difficult to win. Weeks are spent preparing for a case, and individuals get busy with other things.

A layman often lacks specialized knowledge of the legal system. They are more prone to make blunders, which might result in them losing their case. A pro se litigant is also susceptible to the guilty party’s insurance company’s unscrupulous practices.

Attorneys raise the likelihood that a claim will be successful. While you recovered from your wounds, you should not stress about making a mistake. The majority of truck accident law companies charge on contingency. You are not obligated to pay them if they do not get a settlement. Before hiring a lawyer, you usually agree on the fees.

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EVIDENCE IN A TRUCK COLLISION CASE

GPS TRACKING

Your lawyer examines specific truck accident case evidence during an inquiry. Semi-trucks often contain a GPS gadget to monitor the movement of products during delivery. The information reveals what occurred both before and during the accident.

BLACK BOXES

Black boxes for electronic data recording are installed in automobiles. You may discover the truck’s speed and the moment the driver applied the brakes. Black boxes also save data on the responsible driver’s mannerisms. For your situation, your attorney can discover further information.

DISPATCH RECORDS

The dispatch records may be used in truck accident instances to provide the delivery information. The documents detail the task and the path a driver followed. The records detail how much time the driver spent operating the vehicle. Your attorney could determine that the terrible experience was brought on by weariness.

CAMERA FOOTAGE

Videos may back up the plaintiff’s allegations of carelessness. There are cameras on many semi-trailers, and your attorney gets a copy of the footage. Any unusual conduct of the truck driver is seen in the video.

If the defendant followed you closely just before the crash, you could prove it. You may get video from dash cams in other cars and public cameras.

HOW LONG DOES A TRUCK COLLISION CLAIM LAST?

An injured party wants their legal case to go forward as rapidly as possible after filing it. However, it may take some time to settle intricate instances. You could have to wait a few months to a year or two to get a settlement.

The length of your case might vary depending on a variety of variables. The opposing party can make an effort to delay or have the court reject your claim. Typically, your attorney will hold off on calculating a compensation claim until you have fully recovered.

Your compensation should be equal to the cost of your losses. Investigations and discussions might also impact the timing of the litigation.

You should never accept an early offer from the insurance provider, regardless of how long a claim takes. Your accident-related expenditures may not be able to be paid for with this money. Before you sign anything, make sure to speak with an attorney.

FILING A TRUCK ACCIDENT INJURY CLAIM

Devastating truck accidents may occur, particularly if you drive a tiny car. Commercial trucks’ immense size and weight may seriously harm passenger cars. Your car may be smashed, and you might have serious injuries.

Family members could have been killed. Do not be afraid to talk to the truck accident lawyers at Warrior Truck Accident Attorneys about your possibilities for compensation if you or a loved one has recently been in a major truck accident.

On Tennessee’s roadways, truck accidents happen all too often. In the most recent year for which data were available, 225 truck incidents resulted in incapacitating injuries and 771 in non-incapacitating injuries, according to the Tennessee Department of Highway Safety and Motor Vehicles. A total of 46 persons died in the same year.

However, it is very fair to think, “What can I sue for?” when the agony and shock of a truck accident have subsided. You can be traumatized, saddled with hefty medical bills, bedridden, and unable to work. Perhaps payment from someone seems only just. What may I sue for? Fortunately, we know the answers. In Tennessee, the solution might be complicated. Therefore there are many options. These are them.

YOUR OWN INSURANCE COVERS DAMAGES FIRST

For every passenger vehicle, personal injury protection (PIP) coverage of $10,000 is mandatory. No-fault laws do away with the possible trouble (and expense and time) of establishing who is at blame. Each motorist starts by looking at their PIP.

Regardless of who was at fault, PIP is meant to pay for 80% of your medical expenses related to a vehicle accident. If you need time to attend to your injuries or recuperate, it will compensate you 60% of your missed income from work. To cover any damage to property, including your vehicle, you must additionally carry $10,000 in property damage liability (PDL).

IF YOU ARE INJURED SEVERELY IN A TRUCK ACCIDENT

Truck accidents are likely to result in losses of over $10,000. Thankfully, Tennessee permits victims of catastrophic injuries to seek compensation outside the no-fault system. “Stepping outside” of no-fault” is what is meant by this.

However, the legal concept of a serious injury is quite clear. At least one of the following must have happened to you as a direct consequence of the accident:

●        Fractured bone(s)

●        Significant deformity

●        Permanent restriction of a bodily part’s or organ’s functionality

●        Significant restrictions on how a physical system or function may be used

●        90 days of virtually complete incapacity due to an accident

If you can prove any of these, you may file a personal injury lawsuit or a third-party claim against the insurance company of the negligent party.

You may file a lawsuit in these situations for the following

●        Already incurred medical expenses, such as doctor visits, stays in hospitals or clinics, procedures, prescription drug costs, physical therapy, and more.

●        Anticipated future medical expenses

●        Lost wages at work

●        Lost future earnings from employment

●        Non-economic pain and suffering

NON-ECONOMIC DAMAGES

Since non-economic losses like pain and suffering are never reimbursed under no-fault laws, having the legal ability to claim for them after a serious accident might be crucial to obtaining a fair settlement.

Monetary damages, such as those for medical expenses and lost wages, can sometimes compound losses for pain and suffering. The multiple often falls between 1.5 and 5. The multiplier will be closer to the low end if it is anticipated that an injury will heal without having a substantial impact in the future.

It is often expected that injuries with larger pain and suffering multipliers will continue to have an effect. Catastrophic injuries have an immediate detrimental effect on a person’s life, such as a spinal cord injury that results in lifelong paralysis. They often leave the victim requiring 24-hour care for the rest of their lives.

Injuries that permanently alter a person in ways that would not necessarily affect others might also be given higher multipliers. A person whose disability is substantial but unlikely to significantly impact their ability to earn a living would likely get a lower multiplier for pain and suffering than a professional athlete who is rendered permanently unable to compete due to a truck accident injury.

WHAT CAN YOU SUE FOR IF A LOVED ONE HAS DIED?

What if a truck accident caused the death of a loved one of yours? It is, therefore, feasible to file a wrongful death lawsuit. Wrongful Death: What Is It? A wrongful death lawsuit is simply a personal injury claim in which the victim has passed away due to their injuries.

In Tennessee, only specific persons may file a wrongful death claim. These are the parties:

●        The spouse of the dead

●        The surviving children of the dead

●        The surviving parents of the dead

●        Siblings via adoption or blood, so long as they were totally or partially reliant on the dead for care or assistance

In Tennessee, only the dead individual’s estate may file a wrongful death claim. A court often appoints a personal representative without a will or estate plan. Every interested party must be listed individually in the lawsuit. Both economic and non-economic damages may be sought in wrongful death lawsuits.

The financial losses might consist of the following:

●        The estate or a surviving family member directly pays medical costs.

●        Direct payment of funeral costs made by the estate or a surviving family member.

●        Lost salaries, benefits, and other income, including the amount of the lost earnings that the dead might have logically been expected to make if they had lived.

●        Potential net estate accumulations were lost, or the number of profits the estate may have been anticipated to generate if the decedent had survived.

Non-economic damages are intended to consider that losing a loved one may greatly affect the surviving. The damages claimed might consist of the following:

●        The worth of the services and assistance the dead individual gave to the remaining family member(s)

●        Loss of the advice, protection, and company that the dead offered

●        If the victim was a kid, mental and emotional distress

Punitive damages may also be sought if the person at fault committed an especially egregious mistake that led to the vehicle accident. Courts seldom award punitive damages, but when they occur, they are meant to hold wrongdoers accountable for their destructive or unlawful conduct.

DETERMINING FAULT OF A TRUCK ACCIDENT

As you can see, persons injured in a truck accident or the families of those murdered in the accident may file a lawsuit to recover damages.

However, identifying who was responsible for the accident matters most when suing someone in a truck accident. Only when another party is responsible for the damage sustained by the plaintiff may the injured party (and the survivors of the deceased) file a lawsuit.

The level of carelessness determines liability. Negligence is simply “a failure to conduct with the amount of care that someone of average wisdom would have taken under the circumstances,” according to the dictionary definition of negligence in law.

Although it may seem straightforward, identifying a fault in a truck accident may be difficult. Investigations are necessary to ascertain who or what was at blame in many truck accidents. Multiple parties may be at blame.

Consider a hypothetical situation. When an 18-wheeler curves too quickly, it rolls over. The most dangerous sort of truck accidents are rollovers, which are also among the most frequent. The rollover hits your car at the front. A window is broken by-merchandise from the rollover that has spilled.

JEREMY D. EARLE, JD, TRUCK ACCIDENT ATTORNEY

Your first and most natural response could be to criticize the motorist. The driver may be at fault, in which case the driver would be a defendant in the litigation.

NOT JUST DRIVERS CAN CONTRIBUTE NEGLIGENCE

However, there may be several participants and hidden factors in truck accidents. What if the motorist tried to slow down while approaching the bend, but the brakes were ineffective? The businesses that installed, produced, examined, or maintained the brakes in such a situation could be to blame. Another one of the major factors contributing to truck accidents is faulty brakes.

Multiple businesses may perform the functions of production, inspection, and repairs, which means that different parties may be at fault. The owner of a fleet of trucks sometimes carries out these chores. Still, more often than not, they are done by independent entities, independent businesses, or subcontractors (in the case of the production of trucks or componentry).

These distinct entities may each have their insurance providers to cover their obligations and independent counsel to present their arguments in court and insurance hearings. What if a badly constructed or maintained road was to blame for the inability to slow down? In such instances, the agency responsible for designing or maintaining the road may be at blame.

What if the driver was driving too fast because his employer was pressuring him to deliver a package by a deadline that he could not meet without cutting his sleep or driving too fast? Accidents often result from driver sleepiness as well.

Trucks are more likely to roll over if the cargo is inadequately loaded, not properly secured, or excessively heavy. Independent businesses, subcontractors, and truck owners sometimes pack, load, and convey freight. Accidents may also be caused by improper loading or securing, and these businesses may be held accountable.

In essence, any one of the following might be held guilty of causing a truck accident:

●        The driver

●        The truck’s owner

●        The trucking company

●        The firms providing maintenance and repairs

●        The loading business

●        the producers of trucks or parts

Any or all of these parties (or their insurance carriers) may be sued if found to be at blame.

HOW TO PROVE TRUCK ACCIDENT FAULT (6 STEPS)

Truck accidents are no different when determining liability in car accidents, so you may file a lawsuit.

First, When someone is hurt in an accident, police enforcement should first be contacted. They are going to file a police complaint. A police report keeps track of the incident’s details, including the scene, the time and date, the parties involved, the cars, and the reason. If feasible, law enforcement speaks with the implicated drivers and any eyewitnesses. They will take note of the atmosphere, the state of the roads, and other important information.

Second, it is a very good idea to record the accident site with photos or notes if you can. In a society where many individuals own cell phones, their ability to take pictures may be powerful evidence.

Pictures of your injuries may show where and how your car was hit, which can be a reliable source of information about what transpired. Images of all the cars taken from all angles may serve as evidence. If you do not have a camera or smartphone, make notes on what occurred as quickly as possible.

Third, if there are any, you can interview any eyewitnesses.

Fourth, to ascertain the causes of accidents, legal firms usually collaborate with investigators. For instance, they may check whether any video from security cameras is accessible. Vehicle drivers are obliged to retain logbooks, which may serve as documentation of their most recent stops, their inspections of the truck, and any comments they may have made. (While the major inspection is performed by firms that inspect, maintain, and repair vehicles, truck drivers must check the vehicle at certain times along a run.) Interviews with federal accident inspectors are possible.

Fifth, accident reconstruction may be done using medical or emergency room information on injuries.

Sixth, it is sometimes possible to use forensic investigators to recreate an accident. They often rely on signs of what occurred, such as skid tracks, broken or damaged road barriers, damaged trees, or other plants along the wayside.

Get in touch with an accomplished truck accident lawyer immediately if you have any further concerns. Get a free consultation today.