Commercial truck companies provide a valuable transportation service in Tennessee. For the most part, conscientious drivers handle their trucks in a safe manner. However, when fatigued drivers barrel down the road trying to meet a delivery deadline or when trucking companies violate state or federal regulations by failing to perform routine truck maintenance, dangerous accidents can occur on the roadways.
If you suffered serious injuries and other damages in a truck accident, call the Law Offices of Ogle, Elrod & Baril, PLLC, at 865-546-1111 today. Our law firm has earned the reputation of getting the maximum compensation for our clients while holding the at-fault parties responsible for their negligent actions. Contact us today to arrange for a free consultation with a truck accident lawyer in Farragut.
Am I Eligible for Compensation for My Truck Crash Injuries?
While accidents between passenger vehicles can cause serious injuries, accidents involving semi-trailers or other large commercial trucks can quickly turn deadly. Victims often suffer catastrophic trauma due to the large size difference between a commercial truck and a smaller car.
If another party caused your crash, our attorneys can help you recover compensation for your injuries by filing an insurance claim against the at-fault party. In the case of truck accidents, that process can be complex because of the number of parties involved. Not all truck drivers are company employees. Some own their own truck or lease a truck through a company. Before we can help you file a claim, we must determine the driver’s relationship with the company and identify their insurer. We recommend you speak with us before filing an insurance claim because we have the resources to prove which party’s negligent actions caused the accident.
How Do I Prove Negligence?
To prove negligence on the part of defendants—which, in this case, may include the truck driver and trucking company—Tennessee law requires us to prove several points. First, we must show they had a duty to drive carefully and maintain a safe vehicle. We must also prove the defendants breached that duty by driving recklessly or failing to perform routine maintenance on the truck. We must also provide evidence that, as a result of this negligence, the defendant caused an accident in which you suffered injuries and monetary damages.
How Will a Lawyer Determine Who Was Responsible for My Truck Accident?
We investigate factors that contributed to the crash to identify the party responsible for your injuries and vehicle damage. When it comes to the truck driver, some factors may include the driver’s:
- Previous driving violations;
- Impaired driving due to alcohol or drug use;
- Inexperience or lack of training;
- Medical history;
- Sleep apnea; and
- Speeding or other reckless driving behaviors.
Trucking companies may contribute to accidents by failing to routinely inspect and repair truck brakes and other truck parts, hiring inexperienced drivers, or allowing improper loading of trucks.
What Evidence Is Necessary to Prove Who Caused My Crash?
To build a strong case on your behalf, we will collect a variety of evidence from the trucking company. We will send the defendants a spoliation letter as soon as possible that states our intention to file an insurance claim or a personal injury lawsuit. Per federal law, we will request that the defendants preserve certain information relating to your crash, including:
- Data from electronic onboard recording devices;
- Driver logs;
- Phone records;
- Photos of the accident scene;
- Truck inspection records; and
- The truck company’s previous violations of federal or state regulations.
It is important we act quickly, however. Trucking companies must maintain records for accidents, inspections, tests, driver’s logs, and certain other documents for only six months. The letter stops them from destroying accident-related documents.
What Documents Do I Need to Provide Your Law Firm?
We can use your medical records to show the severity and extent of your injuries, as well as your medical expenses to date. We may also obtain:
- A police report of the truck accident;
- Your testimony about the accident;
- Eyewitness testimony about the crash;
- Traffic camera video, if available; and
- Your vehicle damage and estimated repair costs.
We need these and other documents to build a solid case on your behalf.
How Much Compensation Can I Receive?
We cannot determine the value of your insurance claim without speaking with you personally. While we cannot give you a specific dollar amount, we can say that you may seek compensatory damages for your:
- Ambulance transport from the accident scene;
- Physical therapy;
- Lost income;
- In-home health care;
- Assistive medical devices; and
- Funeral expenses, if a loved one died in the accident.
We may also pursue non-economic damages for your pain and suffering, mental anguish, and emotional distress. Tennessee law limits non-economic damages for personal injury claims at $750,000. However, your damages may reach $1 million if you or a loved one suffered:
- A spinal cord injury that resulted in paraplegia or quadriplegia;
- Amputation of your hands or feet;
- Third-degree burns over 40 percent of your body or face; or
- Wrongful death of a parent leaving a surviving minor child.
What Is the Truck Accident Claims Process Like?
Once we compile the evidence we need and calculate your total damages, we will file a claim with the trucking company’s insurer. In these cases, we often face large companies with extensive legal representation. The insurance company and their lawyers will likely offer a low settlement that will not cover your out-of-pocket losses and damages.
We will counter any low offers and aggressively negotiate until we get the maximum compensation you deserve. If the insurance company refuses to offer a fair amount, we can file a personal injury lawsuit on your behalf. We would also serve as your legal representatives in court.
Call the Law Offices of Ogle, Elrod & Baril, PLLC, at 865-546-1111 for Help With Your Claim.
If you were in a truck accident, focusing on your healing takes top priority. Let us help you by gathering evidence for your insurance claim, calculating the amount of compensation you deserve, and dealing with the insurance company directly. Our law firm handles all aspects of your insurance claim or personal injury lawsuit.
Call us today at 865-546-1111 for a free, no-obligation legal consultation with our truck accident lawyers in Farragut.