Truck accidents are often among the most destructive motor vehicle accidents because of their high potential for causing serious injury or even death.
A “fully laden” truck, or one at its maximum capacity, can weigh as much as 80,000 lbs. Because these trucks are so heavy, they can require up to the length of a football field to stop, making it harder to avoid collisions.
An 80,000 lb truck can also do a lot of damage to a smaller vehicle if a collision does occur. Unfortunately, truck accident injuries increased 13 percent from 2016 to 2019.
Since large trucks rarely have “minor fender-bender” type accidents, these cases tend to be much more complex than the average car crash case. The amount of damages is often much higher, and the accident victim may be in desperate need of financial assistance to help with sky-high medical bills for complicated injuries.
For this reason, if a truck accident has impacted your life, you need the help of an experienced Tennessee truck accident attorney. They will go over the details of your case, answer your questions, and explain the best paths toward securing compensation for your injuries.
Ali Awad, the founder and managing attorney at the CEO Lawyer Personal Injury Law Firm, has worked on many truck accidents for his clients and knows how to fight the insurance companies for the compensation you need to get your life back. Known as “The CEO Lawyer,” Mr. Awad advanced a small law firm to an 8-figure firm in just three short years.
That same firm was voted the fastest-growing law firm in the United States, beating out 499 others in 2021. The CEO Lawyer also finds time to share practical but entertaining legal advice with more than a million followers on social media.
If you or a loved one have been hurt in a truck accident, you may be in pain, out of work, and unsure what to do next. Don’t wait to call Ali Awad for a free, no-obligation consultation of your case.
The CEO lawyer and his team work using a contingency basis – that means they won’t get paid unless and until you do. You have nothing to lose by calling (423) 777-8888 to talk about your case and the options for seeking compensation.
What Are the Laws Regarding Semi Trucks in Tennessee?
In addition to federal regulations, Tennessee has strict limits on cargo weight and the kinds of materials that can be carried.
All axles and safety chains need to have brakes and truck inspections are required. Most truckers have to keep a logbook of their hours to ensure they don’t drive for too long without rest (Electronic logbooks are required for truckers who drive interstate under federal law).
Truck drivers also need to carry a “health card,” indicating they have no medical issues that would prevent them from safely operating a truck. There are a few other laws that may apply in specific accident situations.
If you have questions about the legality of something a truck driver did in relation to your accident, you should bring these up with your attorney.
What Should You Do After A Truck Accident?
Unfortunately, many victims of large truck crashes are seriously hurt or in shock and may not be in any shape to think clearly. If this is the case, you should concentrate on calling 911 and following the operator’s instructions.
If you’re able to do anything else, try to take pictures of the scene from your car. Do not get out if the 911 operator has told you to stay in your car.
You can also write down everything that just happened while it’s fresh in your mind. If it’s easier, you can use your phone’s text-to-speech feature and dictate what you recall of the accident, mentioning any potential witnesses you see.
Also, make note of the truck’s description and plate number if possible. Fortunately, truck drivers don’t usually run from the scene of an accident, but it never hurts to be prepared just in case.
In an ideal situation, the truck driver will come over to check on you – in most cases, truck drivers are not badly hurt in accidents with passenger vehicles, so they should be able to walk over without difficulty. Exchange contact and insurance info with them, as you will need this later.
Insurance claims should be filed fairly quickly after an accident, usually within a few days or weeks. With that in mind, we recommend speaking with a lawyer before you file a claim and definitely before accepting a settlement offer.
Again, truck accidents are often complex, and your lawyer can help make sure you know all the damages you can make a claim for.
What if I Already Filed a Claim, and the Insurance Company Says the Accident Was My Fault?
Insurance companies have a lot of tactics to reduce how much they have to spend on a claim. One is to make use of Tennessee’s comparative negligence laws.
These state that you can receive compensation from a party who was more than 50 percent at fault in an accident if you were less than 50 percent at fault. However, your award will be lowered by the percentage you were found to be at fault.
So, with this system, the insurance company doesn’t have to prove the accident was all your fault to save money – they just have to prove you contributed some amount of fault.
Of course, there’s a difference between claiming someone contributed a degree of fault and proving it in court. Many insurance adjusters are banking on the accident victim just accepting the claim denial – this happens often, and accident victims lose a lot of money as a result.
If you don’t want to be one of them, call a lawyer right away when you receive a denial letter.
The fact remains that most personal injury claims are settled out of court. Here’s how it works.
Your lawyer will learn about your case and may assign a researcher to gather more information. This may even mean finding new witnesses, video, or other evidence that may have been missed in the initial police investigation.
Next, a truck accident injury lawyer will let the insurance company know that you plan to file a suit against them and present evidence that you weren’t at fault. This puts the insurance company on notice that you have a lawyer and won’t be taken advantage of by a big insurance carrier.
Sometimes, the insurance rep will reconsider the strength of their case and decide to make a settlement offer. If this is too low (another common tactic to save money), your attorney will continue to negotiate for a fair amount.
The process of negotiation may last weeks or even months. Usually, a deal will eventually be reached, but if not, we will represent you and fight for your rights in court.
Who Should I Sue For My Damages?
This question sounds simple but can be complicated. Most truck drivers either carry liability insurance worth $750,000 – $1,000,000, or their trucking company carries this insurance on their behalf.
Usually, we start there, and due to the high amount, this insurance is generally enough to cover most claims. However, if your claim is worth even more than the policy, there are some other liable parties you may be able to sue for leftover damages:
- The driver
- The trucking company
- Third-party companies responsible for loading the truck
- The cargo owner
- The truck owner, if it isn’t company-owned
- Third parties that serviced the truck if they made a mistake that led to an unsafe situation.
- The manufacturer of defective truck parts that led to an accident.
Not all of these are an option in every case, and not all will have appropriate insurance to cover your damages. Generally, it is not worth filing a suit against a person or business with few assets.
Your attorney will help you sort out which of these are the better options for seeking compensation in your case.
What Is the Statute of Limitations for Filing My Claim?
In Tennessee, you have one year to file a lawsuit following a truck accident. If you lost a loved one in the collision, there is a three-year window to file a wrongful death suit.
Filing an insurance claim should be done within a few days of the accident if at all possible.
A Tennessee Truck Accident Law Firm That Cares
Ali Awad, The CEO Lawyer, is an experienced negotiator who can help you fight for compensation after a truck accident. More than twenty years of experience means The CEO Lawyer Personal Injury Firm’s attorneys have a long and successful track record of over 99%.
If you have questions or concerns about your truck accident situation, call the CEO Lawyer and his team now at (423) 777-8888 for a no-obligation consultation.
