Just looking at the aftermath of a commercial truck accident, with the much smaller passenger vehicle crumpled beneath the giant semi, is an indication that a truck accident case may be much more complex than “regular” car accident claims. In Tennessee, the at-fault party in a crash is responsible for paying the victim’s damages, but in truck accident claims, where multiple parties are involved, sorting through the legal issues can get complicated. An experienced Knoxville truck accident lawyer can protect your rights after a crash and secure fair compensation for your medical care and other damages.
The presence of multiple defendants complicates truck accident claims
Many Knoxville truck accident claims involve the legal concept of vicarious liability or the responsibility of one party for damages caused by its agent. Specifically, the trucking company that employed the truck driver (whether the driver is a contract operator or a direct employee) can also be held liable if the driver causes a crash. The carrier may have failed to properly vet its drivers, may have set tight, demanding schedules that forced the driver to operate longer than the FMCSA’s hours of service permit, or have otherwise abandoned its duty of care to ensure that only properly licensed, trained, and safe drivers operate on Tennessee roads.
Your attorney must build a negligence claim not just against the driver but also against the trucking company, and sometimes other parties who contributed to the presence of an unsafe vehicle, such as a mechanic who didn’t repair the vehicle properly, a manufacturer that released flawed vehicles onto the market, or cargo loaders who didn’t secure the load from shifting and causing the truck to become unbalanced.
High plaintiff’s damages often mean challenges from the insurance company
A semi-truck can weigh up to 80,000 pounds when fully loaded. When all that inertia from the massive truck slams is transferred to the much-smaller motor vehicles in a crash, the injuries for the driver and passengers are devastating. Many people become disabled due to their truck accident injuries, and sadly, some do not survive them. While the defendant’s insurance coverage should cover all medical expenses for the plaintiff, the insurance carrier may contest high-value medical damages, requiring significant proof, like your medical records and testimony from multiple medical experts.
You may be unable to work again after the collision, or if you are able to work, you may not be able to fulfill all your job duties and have to take a demanding, lower-paying one. Your damages should cover lost wages and loss of earning potential, which for a younger professional could mean hundreds of thousands of dollars. Insurance companies will want substantial proof of these damages, too.
Building a strong case requires knowledge of federal transit laws
Traffic laws play a role in every accident, but with commercial truck claims comes an entirely different set of laws. The Federal Motor Carrier Safety Administration (FMCSA) sets specific standards of operation for commercial drivers. This includes licensure limits on the number of hours and the number of consecutive days the driver can operate the vehicle and responsibility for safety. Drivers are expected to follow these laws, and trucking companies are expected to ensure their drivers do.
Your personal injury attorney should have a good understanding of FMCSA regulations and the ability to analyze the circumstances of your crash to ascertain which regulations were violated (thus leading to the crash).
We can handle complex cases
Not all Knoxville law firms have the resources to handle truck accident cases that demand extensive time, investigation, and preparation. At Hotz & Associates, we have the experience and dedication to fight for your rights.
Contact us today at (865) 582-0042 for a free consultation. Let us put our resources to work for you.