At the Law Offices of Ogle, Elrod & Baril, PLLC, we understand how a truck accident can change your life in a matter of seconds. We understand this because we help injury accident victims pursue compensation for the losses they suffered after a crash. We can help you, too.
If you were injured, we will investigate your accident to gather evidence and prove liability for your injuries. We can also file your claim and negotiate a settlement with the insurance companies representing the at-fault parties.
Call us today at 865-546-1111 to schedule a free case evaluation with our truck accident lawyer in Corryton.
We Will Investigate Your Truck Accident
We will conduct a thorough investigation of your truck accident to build a solid claim and establish liability for your injury.
Our investigation includes looking at the truck driver’s actions prior to the crash. The Federal Motor Carrier Safety Administration (FMCSA), which regulates the trucking industry in the United States, claims a truck driver’s unsafe driving behaviors increase the likelihood of an accident occurring.
The driving behaviors the FMCSA cites as unsafe include:
- Driving while impaired
- Driving beyond the work hours established for truck drivers
- Erratic lane changes
- Fatigued driving
- Improper passing
- Losing control of the truck
During our investigation, we may also look at the truck driver’s driving history to determine whether the driver was involved in previous accidents.
Establishing the Relationship Between the Truck Driver and the Trucking Company
In its defense, the trucking company may claim that the truck driver who hit your vehicle was an independent contractor and not a company employee. Some carriers hire truck drivers who own or lease their own trucks. So, when a truck driver is involved in an accident, the trucking company denies liability.
We know the distinctions between an employee truck driver and an independent contractor. For example, if a truck driver is an employee, a trucking company can:
- Schedule the driver’s work hours
- Establish the driver’s wages
- Determine the driver’s route
- Expects the driver to return the truck
- Expects the driver to follow company policy
We know what it takes to determine the trucking company’s relationship with a driver. In addition, despite a trucking company’s defense, the company can still be held liable in some cases for an accident involving an independent contractor. Our experience in this area will help us recover the damages you deserve.
Collecting Evidence to Build Your Claim
We will gather evidence to show how the truck driver was at fault for causing the accident. We may collect evidence that includes:
- A police report
- Photographs of the accident scene
- Your medical records to show the injuries you suffered
- Photographs of your injuries
- Eyewitness statements
- Surveillance or traffic camera video that captured the crash
We may also send a letter to the trucking company informing of our intention to file an injury claim. In our letter, we would request the trucking company preserve all records related to your accident. These records may include:
- Data from electronic logging devices
- Truck inspection, maintenance, and repair records
- An incident report about the accident
- The truck driver’s personnel record
Proving Negligence in Your Truck Accident Case
To recover compensation in your case, we must prove the following four elements of negligence:
- Duty of care: The truck driver had a duty to drive carefully and avoid causing you harm.
- Breach of duty: The truck driver violated this duty.
- Causation: The truck driver’s negligent actions caused an accident.
- Damages: You suffered damages because of the accident.
An injury claim must prove negligence because Tennessee is a fault state. This means that the party that causes a crash must pay for damages related to the accident. We can handle proving negligence, so you can recover the damages you deserve.
Call our firm at 865-546-1111 for a free, no-risk consolation about your case.
The Type of Damages You May Be Entitled to Recover
Truck accidents, especially those involving 18-wheelers and other large trucks, can cause serious or even fatal injuries.
The type of injuries you sustained can increase the value of your claim. For instance, if you suffered a catastrophic injury, such as a spinal cord injury involving paralysis, your claim’s value would be higher than if you sustained a soft tissue injury, such as whiplash.
No matter what type of injury you sustained, we can estimate the value of your claim, so you can pursue damages you suffered because of the accident. Among the most common damages pursued in a truck accident claim are:
This includes costs for hospitalization, surgeries, in-patient rehabilitation, physical therapy, home health care, assistive mobility devices, prescription drugs costs, and more.
You may have lost wages because your injuries prevented you from returning to work. Depending on the severity of your injury, you may also pursue loss of your future wages.
Pain and Suffering
These damages include the bodily, emotional, and mental pain that you suffered because of the truck accident.
Filing a Wrongful Death Claim
If your loved one died as a result of the truck accident, you may be eligible to file a wrongful death claim.
In a wrongful death claim, you may pursue compensation for your loved one’s funeral and burial expenses, medical bills, lost wages, pain and suffering, and more.
Tennessee Sets a Deadline for Filing Personal Injury Claims
Under Tennessee’s Statute of Limitations, you have one year from the date of your truck accident to file an injury claim. While a year may seem like plenty of time to file a claim, gathering solid evidence can be time consuming.
If you wait, you risk missing your opportunity to pursue the compensation for the damages you suffered in the truck accident. Contact our law offices at today at 865-546-1111 to start you case.
Schedule a Free Case Evaluation Today with Our Truck Accident Lawyer in Corryton
The Law Offices of Ogle, Elrod & Baril, PLLC are here to help you recover compensation for the damages you suffered in your truck accident.
We work on a contingency basis. This means that you do not pay us unless we recover compensation in your case.
Call us now at 865-546-1111 for a free, no-risk case evaluation.