If a commercial truck hit your vehicle and you sustained injuries as a result, you may already have bills piling up from your doctor visits, rehabilitation or physical therapy sessions, and medication. You may also have to deal with car repairs or replacement costs, since a large truck can cause massive damage to a four-wheel passenger vehicle.
If a truck driver caused you to suffer injuries and financial losses, call the Law Offices of Ogle, Elrod & Baril, PLLC, now to find out how we can help you seek compensation for your medical expenses, car repairs, and other compensatory damages. We can tell you during a free consultation whether you have a case and how we can help you file a claim. Call 865-546-1111 today to set up a meeting with a truck accident lawyer in Nashville.
How Will a Lawyer Help Me Seek Compensation?
We will ask you for facts about your crash and conduct an investigation to show who was at fault for the truck accident and who to hold responsible for your injuries. We do this because Tennessee is a fault state when it comes to motor vehicle accidents. This means that the at-fault party pays for injuries and property damages after a crash.
In truck accident cases, the liable party often includes the trucking company that employs the driver in your crash. Under the legal concept of vicarious liability, employers are responsible for the actions employees take while working. That means we can seek damages directly from the trucking company after conducting an investigation into the cause of your crash.
What Type of Information Does a Lawyer Collect?
We gather relevant information to support your claim. According to the Federal Motor Carrier Safety Administration (FMCSA), certain unsafe driving behaviors increase the risks of an accident occurring. For instance, truck drivers who feel pressured to deliver their cargo may drive while fatigued, violating the federally regulated hours of service in order to get to their destination on time. Drivers may also cause an accident by:
- Failing to use proper signals;
- Making improper passes or turns;
- Changing lanes improperly;
- Failing to obey traffic signs and signals;
- Texting or using a mobile phone while driving;
- Driving while under the influence of drugs or alcohol; or
If we discover the truck driver caused your wreck through negligence, we will hold their employer responsible for your losses.
We Must Prove Negligence to Recover Compensation.
Before we can request compensation from the at-fault party, we must prove how their negligence caused the crash. With the information that we gather, we will demonstrate these four elements:
- The at-fault party had a duty to exercise reasonable care;
- They failed this duty of care;
- Their negligence caused an accident; and
- You suffered financial loss because of the crash.
We may also hold another party liable, such as the truck manufacturer if we find a manufacturing defect caused the crash.
What If the Other Party Blames Me for the Wreck?
The insurance company in your case may claim you share some of the blame for the accident. While we cannot determine your level of fault until we examine your case, we recommend you avoid admitting that you played a role in causing the crash—even if the at-fault party pressures you to do so. If you admit fault—whether or not you actually contributed to the accident—insurance claim adjusters will reduce your settlement amount or reject your claim based on Tennessee’s comparative fault rule.
Comparative fault reduces your total compensation amount based on your percentage of fault. For instance, if your damages total $80,000 and you were 20 percent at fault for causing the accident, you would only receive 80 percent of your total damages, or $64,000. You can recover compensation as long as you are not more than 50 percent at fault for causing the accident.
What Expenses Can I Recover After a Truck Crash?
Generally, you may receive compensation for costs relating to:
- Ambulance transportation;
- Medical bills;
- Physical therapy;
- Lost wages;
- Vehicle repair or replacement;
- Emotional distress; and
- Pain and suffering.
If your loved one died in the truck accident, you may also pursue funeral and burial costs, as well as the loss of your loved one’s income and services.
We will negotiate the claim with the insurance representative for the trucking company to ensure you receive fair compensation for your damages. If the trucking company or its insurer refuses to negotiate fairly or rejects your claim, we can take the case to court.
Schedule an Appointment With Us Today.
To get started, contact the Law Offices of Ogle, Elrod & Baril, PLLC, today. We handle our clients’ claims on a contingency basis. That means you do not pay us for our services unless we achieve a positive outcome for your claim. Call 865-546-1111 to set up your free consultation.