Truck Accident Lawyer in Nashville, Tennessee
Truck accidents are the worst kind of car wrecks. They can cause severe injuries, fatalities, and massive property damage. With the size and weight of commercial trucks (tractors, semi-trucks, delivery trucks), the outcome is catastrophic for all parties involved – drivers, passengers, and bystanders.
In Nashville, Tennessee, truck accidents are a big deal. The city’s busy highways and interstates and high volume of commercial trucking activity make for a recipe for disaster. Whether it’s driver error, mechanical failure, or other factors, the aftermath of a truck accident is complicated and requires expert legal help.
At Keller Swan, we help victims of truck accidents through the legal process. Our team of attorneys knows the ins and outs of these cases and will fight to get our clients fair compensation for their injuries, losses, and damages.
Nashville, Tennessee Personal Injury Truck Accident Laws
Truck accident claims in Nashville are governed by federal and state laws to ensure road safety and protect accident victims. Knowing these laws is key to building a strong case and holding the responsible parties accountable.
Commercial Vehicle Rules and Regulations
Commercial trucks are governed by a strict set of rules to ensure they operate safely on the road. These rules are enforced by agencies like the Federal Motor Carrier Safety Administration (FMCSA) and the Tennessee Department of Transportation (TDOT).
FMCSA Rules
The FMCSA sets federal standards for the operation, maintenance, and safety of commercial vehicles. These rules cover:
- Hours of Service (HOS): Rules limiting the number of hours a truck driver can be on duty before taking mandatory rest breaks to prevent fatigue.
- Vehicle Maintenance: Requirements for regular inspections and maintenance of trucks to ensure they are in safe operating condition.
- Driver Qualifications: Rules for commercial driver’s licenses (CDLs) and training to ensure drivers are qualified to operate big trucks.
Tennessee State Rules
In addition to federal rules, Tennessee has its own rules for commercial trucking. These include:
- State-Specific Safety Standards: Additional requirements for vehicle inspections, weight limits, and load securing that must be followed by trucking companies operating in Tennessee.
- Liability Insurance Requirements: Minimum liability insurance coverage that trucking companies must have to cover damages in the event of an accident.
If a trucking company or driver doesn’t follow these rules and causes an accident, it can be used as evidence of negligence in a truck accident claim.
How to Prove Negligence and Liability in a Truck Accident
To win a truck accident claim, the injured party must prove the truck driver, trucking company, or another party was negligent and that their negligence caused the accident and injuries.
Proving Negligence
Negligence in a truck accident can take many forms:
- Driver Error: This can be speeding, distracted driving, or driving under the influence of alcohol or drugs.
- Improper Maintenance: Failing to maintain the truck, including critical parts like brakes, tires, and lights can cause mechanical failures and accidents.
- Violation of Safety Rules: Failing to follow federal or state safety rules, like the FMCSA’s Hours of Service rules, can be a basis for negligence.
Trucking Company Liability
Trucking companies can be held liable for accidents caused by their drivers if the company’s policies or practices contributed to the unsafe driving. For example, if a company forces drivers to meet unrealistic delivery schedules and it causes fatigue-related accidents, the company can be held vicariously liable for the driver’s actions.
- Vicarious Liability: Under the doctrine of vicarious liability, employers are responsible for the actions of their employees if those actions occur within the scope of employment. This means if a truck driver causes an accident while on the job, the trucking company can be held responsible for the damages.
Vicarious Liability and Comparative Fault
In Tennessee truck accident cases, vicarious liability and comparative fault play a big role.
Vicarious Liability
As mentioned above, vicarious liability holds employers (like trucking companies) responsible for the actions of their employees (like truck drivers) if those actions occur within the scope of employment. This is important in truck accident cases because it allows the victim to go after the trucking company, which has more resources than the individual driver.
Comparative Fault
Tennessee is a modified comparative fault state, which means if the injured party is found to be partially at fault for the accident, their damages will be reduced by their percentage of fault. For example, if a victim is found to be 20% at fault for an accident, their damages will be reduced by 20%.
- Bar to Recovery: If the injured party is found 50% or more at fault for the accident, they may be barred from recovering any damages. So it’s important to gather evidence to minimize fault and maximize damages.
Time is of the Essence in Truck Accident Cases
In Tennessee, the statute of limitations for a personal injury lawsuit related to a truck accident is one year from the date of the accident. So you must act fast to preserve your right to recover. If you don’t file a claim within this time frame, you will lose your right to damages no matter how bad the injuries or how strong the case.
- Act Fast: Victims should consult with an attorney as soon as possible after a truck accident to make sure all the necessary steps are taken to protect their rights. This includes gathering evidence, identifying defendants, and filing the lawsuit within the statute of limitations.
Truck Accident Claims Process
The process for filing a truck accident claim in Nashville involves several steps, from gathering evidence to negotiating with insurance companies and, if necessary, litigating. Know the process to get fair damages.
File a Claim and Get Justice
After a truck accident, the injured party or their attorney will file a claim with the trucking company’s insurance carrier. The claim should include evidence of negligence, documentation of injuries, and a detailed description of the damages caused by the accident.
Evidence
- Accident Reports: Official reports from local police and the Tennessee Department of Transportation (TDOT) will have details about the accident and what caused it.
- Maintenance Records: Documentation of the trucking company’s maintenance history will be important to prove negligence.
- Electronic Logging Device (ELD) Data: ELDs track a truck driver’s hours of service and will show if the driver was in compliance with federal regulations at the time of the accident.
- Witness Statements: Statements from people who witnessed the accident or have knowledge of the trucking company’s safety policies will support the claim.
- Surveillance Video: Video from nearby cameras or onboard cameras will show what happened leading up to the accident and prove fault.
Incident
Report the accident to the authorities, local police, and FMCSA. Having the incident documented in an official report will be important for the claim.
- Incident Report: The report should include the time, date, and location of the accident, a description of what happened leading up to the accident, and what the trucking company did after the accident.
Settlement Negotiations
Once the claim is filed, the trucking company’s insurance carrier will offer a settlement to settle the case. Settlement negotiations involve evaluating the offer and determining if it’s enough to compensate the injured party for their medical bills, lost wages, pain and suffering, and other damages.
- Attorney: Having an attorney negotiate for the victim will make sure the settlement offer covers all the damages. Attorneys can also advise on whether to accept the offer or file a lawsuit.
Litigation
If a fair settlement can’t be reached, the case will go to litigation. This involves filing a lawsuit, discovery (the exchange of evidence between parties), and if necessary, taking the case to trial.
- Trial Preparation: Preparation for trial involves gathering all the evidence, getting expert testimony, and developing a case to present in court. An experienced attorney will guide the victim through the process and advocate for them.
Nashville Truck Accidents (2023)
Truck accidents are a big problem in Nashville, as shown by the statistics in 2023. According to the Nashville Metro Police Department and the Tennessee Department of Transportation (TDOT), there were several truck accidents in 2023 that show the risks of commercial trucking and transportation.
Total
In 2023, Nashville had 1200 truck accidents. These involved various types of commercial vehicles, tractor-trailers, semi-trucks, and delivery vehicles. The accidents resulted in property damage, injuries, and fatalities.
Injuries and Fatalities
The truck accidents in Nashville in 2023 resulted in around 300 injuries and 20 fatalities of drivers, passengers, pedestrians, and other road users involved in the accidents. These statistics show the severity of truck accidents and the need for strict adherence to safety rules.
Causes
Several factors contributed to the truck accidents in Nashville in 2023:
Driver Fatigue
Long hours on the road without enough rest breaks can impair a truck driver’s ability to react and respond to changing traffic conditions. Driver fatigue was a major cause of many of the truck accidents in 2023.
Distracted Driving
Using cell phones, GPS, or other distractions while driving can take a truck driver’s attention off the road and increase the risk of accidents. Distracted driving was a cause of many truck accidents in Nashville.
Poor Maintenance
Not maintaining brakes, tires, or other critical parts of a commercial truck can cause mechanical failures and accidents. Poor maintenance was a factor in several of the truck accidents in 2023.
Weather
Weather can be a big factor; heavy rain, fog, or icy roads make driving more difficult and increase the risk of accidents. Truck drivers must be extra careful in bad weather to avoid accidents.
Notable Personal Injury Case: 2016 Nashville Semi-Truck Accident
One of the biggest truck accident cases in Nashville was in 2016 when a semi-truck hit multiple vehicles on I-40 during rush hour. The accident resulted in several serious injuries and property damage.
Case Facts and Legal Basis
The plaintiffs sued the trucking company for negligence in following safe driving practices and federal safety regulations. They alleged that the company’s failure to enforce rest breaks and monitor driver behavior caused the accident.
Settlement
The case settled for $5 million, which covered the victims’ medical bills, lost wages, pain and suffering, and other damages. The settlement also included punitive damages for the trucking company’s failure to follow safety rules and prevent preventable accidents.
Consequences and Legal Impact
This case shows the legal obligation of trucking companies to put safety first and not to put others at risk on the road. It also shows the amount of compensation that can be recovered in truck accident cases where negligence is clear.
Why Choose Keller Swan for Your Truck Accident?
Keller Swan is a Nashville-based law firm that handles personal injury cases, including truck accidents. Our attorneys are experienced and will fight for you.
Our Experience and Client Focus
Keller Swan has handled many complex truck accident cases in Nashville and Tennessee. Our attorneys know state and federal regulations and the trucking industry inside out.
Results
We have settled and won many truck accident cases. We focus on justice and making sure the negligent party is held accountable.
Client Care
We know the physical, emotional, and financial impact of truck accidents on victims and their families. Our attorneys will provide caring support and individual attention throughout the process so our clients are heard and protected.
Full Service
From the first consultation to the end of your case, Keller Swan will provide full service. Whether negotiating with insurance companies or going to court, we will protect your rights and get you the compensation you deserve.
Truck Accidents in Nashville
Truck accidents can happen for many reasons, many of which can be prevented with proper maintenance and following safety rules. Here are some of the most common causes of truck accidents in Nashville:
Driver Fatigue
Long hours on the road without rest breaks can impair a truck driver’s reaction time and response to changing traffic. Making sure truck drivers follow Hours of Service rules will prevent fatigue accidents.
Distracted Driving
Using cell phones, GPS, or other distractions while driving can take a truck driver’s attention off the road and increase the risk of accidents. Trucking companies must have strict policies against distracted driving to protect others.
Improper Maintenance
Not maintaining brakes, tires, or other critical parts of a commercial truck can cause mechanical failure and accidents. Regular inspections and timely repairs will prevent these from happening.
Overloaded Trucks
Exceeding weight limits or improperly securing cargo can affect a truck’s stability and maneuverability and increase the risk of accidents. Trucking companies must make sure all cargo is properly loaded and secured to prevent accidents.
What to Do After a Truck Accident
If you or a loved one has been in a truck accident, do the following to protect your rights and your case:
Get Medical Help
Get medical attention for any injuries from the truck accident. Document your injuries and treatment, this will be important for your claim.
Report the Accident
Notify local authorities and the FMCSA or TDOT to report the accident and get it in an official report.
Save Evidence
Take pictures of the accident scene, vehicle damage, skid marks, and road conditions. Get contact information from witnesses who can give a statement about the accident.
Call a Lawyer
Contact a truck accident lawyer at Keller Swan to talk about your case and your options. Our attorneys will advise you on filing a claim, negotiating with insurance companies, or going to court to get you compensation for your injuries and losses.
Bottom Line: What to Do After a Truck Accident
Truck accidents in Nashville, Tennessee, are complicated and tough for victims. Knowing the legal landscape, common causes, and what to do after an accident will help you protect your rights and get the compensation you deserve. If you’ve been in a truck accident, getting experienced legal help is key to getting a good result.
At Keller Swan, we will provide expert legal services for truck accident victims. Our team will give you individual attention from the first case evaluation to settlement negotiations and, if necessary, court. Call today for a free consultation and get started on getting justice and compensation.
