The Law Offices of Ogle, Elrod & Baril, PLLC can help you recover compensation if you or your loved one suffered injuries in a truck accident in Murfreesboro. We understand the emotional and financial challenges of injury accident victims when somaeone else’s negligence alters their lives.
Our firm can help you hold the responsible party liable for your accident and file a claim on your behalf so you can pursue compensation for your losses. Call us today at 865-546-1111 for a free consultation with our truck accident lawyer in Murfreesboro, TN.
The Claims Process Starts with Investigating Your Truck Accident
Helping you recover compensation for your injuries and damages requires us to investigate your accident. Our investigation includes collecting evidence to show how the crash happened and who is at fault for causing the accident.
Identifying the at-fault party is crucial because Tennessee is a “fault” state when it comes to vehicle accidents. The driver responsible for causing a wreck and the driver’s insurance company pays for damages from the crash.
Identifying the At-Fault Parties in Your Truck Accident
In truck accidents, we examine all parties associated with the truck driver when determining what caused the wreck and who to hold responsible for the accident.
When a commercial truck, no matter what size, rear ends or T-bones your vehicle, we can conclude that the driver’s actions caused the crash. Common causes of truck driver errors include:
- Distracted driving
- Driving while fatigued
- Driving while impaired
- Ignoring traffic signs or signals
- Reckless driving
- Road rage
- Tailgating (following too closely)
According to the Federal Motor Carrier Safety Administration, a truck driver’s unsafe driving behavior is a leading cause of truck accidents.
Although the truck driver caused the accident, we will also examine whether the trucking company’s actions contributed to the accident. For instance, the company may have:
- Failed to perform basic maintenance on the truck
- Hired an unqualified truck driver
- Failed to follow state and federal safety laws
- Pushed the driver to drive beyond designated hours
- Allowed an improperly loaded truck on the road
Other Parties Associated with Truck Accidents
In some instances, a truck may have a manufacturer’s design defect that could cause an accident. Additionally, a company that leases commercial trucks but fails to make routine inspection and repairs can also be held accountable in a truck accident.
We ensure that all parties that contributed to your truck accident are held responsible for your injuries.
Applying Vicarious Liability to Your Truck Accident
Vicarious liability is a legal theory that holds employers—or other parties associated with the employer—legally responsible for their employees’ actions. In your case, we can hold the trucking company that the truck driver was working for legally liable for your accident.
Complications can occur in a truck accident claim because a trucking company can deny liability if the company hired an independent contractor who caused an accident. The insurer could argue that the truck driver is not an employee, so the company has no control over the independent contractor’s actions.
Our thorough investigation will determine the relationship between the truck driver who caused your injury accident, the trucking company, and other parties that can be held responsible through the vicarious liability law.
Collecting Evidence to Support Your Claim
Our case must prove negligence and causation. We may do this by collecting evidence that strengthens your injury claim. The evidence we collect may include:
- Your medical records
- Electronic logging devices that record a driver’s driving time and hours of service
- The truck’s maintenance log
- The truck’s inspection report
- The truck’s repair records
- A police report of your accident
- Eyewitness statements
- Photographs of the accident scene
Depending on the circumstances of your accident, we may send a spoliation letter to the trucking company to preserve relevant documents related to your truck accident. Trucking companies are allowed by federal law to destroy evidence after a certain period of time. So, it is important that we notify parties as soon as possible since this evidence can help us prove negligence.
Proving Negligence in Truck Accident Claims
To prevail in a truck accident claim, we must prove the following elements of negligence:
- Duty of care
- Breach of duty
We apply these elements in your case to show that the truck driver had a duty to exercise reasonable care to avoid harming you. However, the driver breached this duty by causing an accident. As a result of the truck driver’s negligence, you suffered injuries and other damages.
Filing a Claim in Your Murfreesboro Truck Accident Case
The Law Offices of Ogle, Elrod & Baril, PLLC will handle the filing and negotiation of your claim on your behalf. Our lawyers have extensive experience in negotiating contracts. So, we know the tactics insurance companies use to deny or delay claims.
We do not back down when insurers offer low settlements for injury claims. We fight for full compensation for our clients, even if it means filing a lawsuit when trucking companies—or other parties—refuse to offer a fair settlement.
Recovering Compensation for Your Damages in Tennessee
We can estimate the value of your claim based on the damages that you sustained. A truck accident can cause serious or permanent injuries that may require ongoing medical care and rehabilitation costing thousands of dollars. The severity of your injuries and your future medical needs will increase the value of your claim.
Besides your medical needs, you may also recover compensation for:
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Funeral expenses, if your loved one died in the truck accident
We Can Help You Recover Compensation from Your Truck Accident
You do not have to suffer in silence and bear the financial burden of a truck accident alone. If you don’t know what to do after a truck accident, call us for help. The Law Offices of Ogle, Elrod & Baril, PLLC will stand by your side and represent your interests throughout the process.
Call us today at 865-546-1111 for a free, no-obligation consultation with a truck accident lawyer in Murfreesboro, TN.