The Law Offices of Ogle, Elrod & Baril, PLLC represent Hamilton County truck accident victims who suffered injuries after a truck slammed into their vehicle. We understand the feelings of frustration accident victims have when pursuing compensation for their injuries only to have their claim minimized by the trucking company’s insurer.
Our law firm handles all aspects of filing personal injury claims, including interacting with insurance company representatives. If you or a loved one were injured in a truck accident, we can help you seek reimbursement for your medical bills, lost wages, pain and suffering, and other expenses. Call us now at 1-865-546-1111 to schedule a free consultation with a truck accident lawyer in Hamilton County, TN.
We Help You Prove Fault for the Truck Accident
If you file an insurance claim on your own, you may find the most frustrating part of the process is proving fault for the truck accident. Without evidence showing that the truck driver, the trucking company, or another party caused the crash, an insurer may deny your claim.
Our firm has the resources to investigate your truck accident and provide documents that establish which party was at fault for the crash. We first look at the truck driver’s actions. According to a study by the Federal Motor Carrier Safety Administration, which regulates the U.S. trucking industry, a leading cause of large truck accidents is a truck driver’s unsafe driving behavior.
While investigating your accident, we may discover that the truck driver caused the crash because of the following unsafe actions:
- Driver fatigue
- Driving under the influence of alcohol and drugs
- Ignoring traffic signs and signals
- Improper lane changes
- Texting and driving
Other Parties Might Share Responsibility for the Truck Accident
Our investigation will look into whether the trucking company and other parties or factors contributed to the accident. In some instances, truck crashes occur because:
- The truck’s owner, whether it is the trucking company or a leasing company, fails to routinely inspect, repair, and perform maintenance on the truck.
- A truck manufacturer’s defective part or equipment causes the truck to malfunction.
- A company contracted to load trucks can overload the vehicles. Overloaded trucks or an improperly secured load can cause trucks to roll over if the load shifts when the driver changes lanes or makes turns.
We can file a third-party claim if we find another party was partially at fault for causing the truck accident.
A Truck Driver Employee Versus an Independent Contractor
The truck driver involved in your accident may have been a company employee or an independent contractor. When truck accidents involve independent contractors, trucking companies may shift the responsibility for damages resulting from an accident onto the independent contractor.
Fortunately, we know the factors that help to determine whether a truck driver is an independent contractor or a company employee. For instance, a truck driver may be an employee if the trucking company:
- Controls the truck driver’s hours
- Controls the truck driver’s routes
- Does not allow the truck driver to contract with other companies
- Requires the truck driver to follow company policies and procedures
- Requires the truck driver to wear a company uniform
We will determine the truck driver’s relationship to the trucking company during our investigation of your accident.
We Collect Evidence for Your Claim
To win compensation in your case requires us to collect relevant evidence to support your injury claim. We may send a letter to the trucking company about our plan to file a claim and request that the company preserve all records pertaining to the accident. Some of the documents we might request include:
- Electronic logs that document how many hours a truck driver has been on the road
- Truck inspection records
- Truck repair records
- The truck driver’s driving record
Other evidence we may gather includes the following:
- A police report
- Your medical records that detail the nature and severity of your injuries
- Photographs of the accident scene
- Eyewitness statements
We use this evidence to show how the truck accident happened and how you suffered injuries.
Do Not Accept an Insurer’s First Settlement Offer
When an insurance company has solid proof that the truck driver or the trucking company was at fault for an accident, the insurer may want to quickly settle a claim. We recommend that you do not accept an initial settlement because the offer will more than likely be too low to cover all of your damages.
If you have already received an offer, a truck accident lawyer in Hamilton County, TN can review the settlement to make sure the offer covers your financial losses. If you have not yet filed a personal injury claim, we can file the claim on your behalf and negotiate a settlement that provides full and fair compensation for your losses from the truck accident.
Seeking Damages for Your Truck Accident Losses
You or your loved one may have suffered injuries so serious that you were taken to the hospital from the crash site. If this happened, you can seek reimbursement for ambulance and hospital costs. You may also be awarded compensation for other damages including:
- Your medical expenses associated with treating your injuries
- Assistive medical devices
- Prescription medication
- Lost income because of your inability to work
- Property damage
If your loved one died because of the truck accident, you may pursue a wrongful death claim and recover compensation for funeral and burial expenses.
Call Our Truck Accident Lawyer in Hamilton County Today
Tennessee’s Statute of Limitations allows accident victims one year from the date of your accident to file a personal injury claim or a lawsuit. If you want the Law Offices of Ogle, Elrod & Baril, PLLC to represent you, you do not have to pay us upfront fees. We work on a contingency basis which means that you do not pay us unless we are successful in getting you the compensation you deserve.
To schedule a free legal consultation, call us today at 1-865-546-1111.