Truck Accidents in Memphis, Tennessee: Legal Insights, Statistics, and Major Cases

Big rig truck accidents can be devastating and expensive. Commercial trucks being big and heavy when they crash can cause serious harm. The legal process surrounding these accidents is complicated. In Memphis, TN, truck accidents are regulated by both federal and state laws. Here, we’ll dive into the laws, review 2023 stats, and a big case from the past ten years.

Memphis, TN Personal Injury Laws for Truck Accidents

Truck accident cases are more complicated than regular car accidents because there are multiple parties involved such as truck drivers, trucking companies and manufacturers, each of whom can be liable. Victims of truck accidents suffer severe injuries, long recovery and financial challenges so it’s important to understand the laws surrounding these incidents.

Laws

Truck accidents are regulated by both federal and state laws with specific regulations to ensure road safety. The two main governing bodies are the Federal Motor Carrier Safety Administration (FMCSA) at the federal level and Tennessee state law.

Federal Laws

Federal laws surrounding truck accidents are enforced by the FMCSA which sets rules that trucking companies and drivers must follow. Key regulations are:

Hours of Service (HOS) Rules: To prevent driver fatigue truck drivers are limited in the number of hours they can drive consecutively. Drivers must also take mandatory rest breaks. Failure to follow HOS rules often leads to negligence claims in accident cases.
Vehicle Maintenance and Inspection: Trucking companies must perform regular inspections and keep their vehicles in safe operating condition. Failure to perform maintenance can cause brake failures, tire blowouts and other malfunctions that lead to accidents.
Driver Qualifications: Truck drivers must meet specific qualification standards including getting a commercial driver’s license (CDL). They also must undergo health screenings and training to ensure they are competent on the road.

State Laws

In addition to federal regulations, truck accidents are governed by Tennessee’s negligence laws. These state laws cover liability, fault and compensation for personal injury or wrongful death. Tennessee is a modified comparative fault state which means victims can recover if they are less than 50% at fault for the accident. If a victim is partially at fault their damages are reduced by their percentage of fault.

Local Codes

Memphis may have local ordinances that affect trucking operations such as rules on truck routes, weight limits and hours of operation on certain roads. These ordinances are for public safety and to regulate heavy traffic on major highways and city streets.

Types of Claims

Victims of truck accidents have several legal avenues to pursue compensation. Depending on the circumstances of the crash, claims may include:

Personal Injury Claims: These claims seek compensation for:
- Medical Expenses: Surgery, hospital stays, medications, rehabilitation and future medical needs.
- Lost Wages: Time missed from work and in severe cases future earnings if the victim can’t return to their previous job.
- Pain and Suffering: Emotional distress, physical pain and diminished quality of life.
- Property Damage: Damage to the victim’s vehicle and other personal property involved in the crash.
Wrongful Death Claims: If the truck accident results in the death of a loved one the family can file a wrongful death claim. These claims seek to recover:
- Funeral and Burial Costs: Expenses for the deceased’s funeral or cremation.
- Loss of Financial Support: Income the deceased would have provided for their family.
- Loss of Companionship: Emotional toll and loss of companionship experienced by the family members.

Who is Liable in Truck Accident Claims

Liability in truck accidents is often complicated because multiple parties can be at fault. The injured party must prove the following elements of negligence:

Duty of Care: The truck driver, trucking company or another party had a duty to operate or maintain the truck safely.
Breach of Duty: The responsible party failed to meet this duty, such as speeding, driving under the influence, not maintaining the vehicle or violating federal trucking regulations.
Causation: The breach of duty must have caused the accident and the victim’s injuries.
Damages: The plaintiff must show they suffered actual harm – physical injuries, property damage or financial losses – as a result of the accident.

Evidence

Proving negligence in a truck accident requires a lot of evidence. Key evidence includes:

Accident Reports: Official accident reports from local police and FMCSA which may include the cause of the accident, vehicle condition and witness statements.
Driver Logs: Documentation of the truck driver’s hours of service, rest breaks and driving patterns can show if the driver was fatigued or violated HOS rules.
Maintenance Records: These records show if the trucking company followed federal regulations requiring regular vehicle inspections and repairs.
Black Box Data: Many trucks are equipped with event data recorders or “black boxes” which can provide critical information on the truck’s speed, braking and engine performance leading up to the accident.
Witness Statements: Testimony from bystanders, passengers and other drivers involved in the accident will give a clearer picture of what happened.

How to File a Truck Accident Claim

Filing a truck accident claim involves the following steps:

Claim Initiation: The victim through their attorney files a claim with the trucking company’s insurance provider. In many cases the trucking company and the driver are covered by commercial liability insurance policies which are required to carry higher policy limits than standard automobile insurance.
Settlement Negotiations: Trucking companies will often try to settle claims out of court to avoid litigation. Attorneys for the injured party will negotiate with the trucking company’s lawyers or insurance adjusters to get a fair settlement.
Litigation: If settlement negotiations fail the case may go to trial. At this stage the attorney will present evidence to prove the truck driver, trucking company or another party was negligent and responsible for the damages.

Memphis, Tennessee Truck Accident Statistics (2023)

Looking at recent statistics gives us insight into the frequency and causes of truck accidents in Memphis.

Incidents

In 2023 Memphis had 125 truck accidents with various degrees of injury and property damage. With all the major highways and interstates in the city, truck traffic is a major public safety concern.

Common Causes of Truck Accidents

The most common causes of truck accidents in Memphis in 2023 were:

Driver Error: Human error was the leading cause 45% of the time. Errors included speeding, distracted driving and driver fatigue.
Mechanical Failure: Equipment failure such as brake failure, tire blowouts or steering issues accounted for 30% of the accidents. Trucking companies are required to maintain their vehicles and failure to do so often leads to dangerous failures.
Weather: Rain, fog and icy roads were a factor in 15% of the accidents. Trucks due to their size and weight can be particularly hazardous on slippery surfaces.
Road Conditions: Poorly maintained roads including potholes and road construction areas accounted for 10% of the accidents. Trucks being large and heavy are more prone to tipping or losing control when roads are uneven.

Types and Severity of Injuries

Due to the size and force of the truck accident, injuries are often severe. The most common types of injuries in 2023 were:

Fractures and Broken Bones: 50% of the victims had fractures or broken bones which often require surgery, casting and long recovery time.
Head and Brain Injuries: 25% of the victims had head injuries including concussions and traumatic brain injuries (TBI). These injuries can have long term effects on cognitive function, memory and emotional well being.
Soft Tissue Injuries: 25% of the victims had soft tissue injuries such as sprains, strains and torn ligaments. While not as severe as bone fractures these injuries can still cause chronic pain and limited mobility.

Recent Personal Injury Case

Case: Johnson v. Big Freight Inc.

Summary: In 2015 Sarah Johnson was driving home when a big rig owned by Big Freight Inc. failed to stop at a red light due to brake failure. The truck hit Johnson’s car and then another car in front of her. Johnson had multiple fractures, internal injuries and traumatic brain injury. An investigation showed the truck’s brakes had not been properly maintained and the driver was operating the truck beyond the hours of service.

Result: Johnson’s lawyers filed a personal injury lawsuit against Big Freight Inc. alleging the company was negligent in its vehicle maintenance and allowed the driver to exceed the hours of service. After several months of negotiations the case settled for $4.2 million. The settlement covered Johnson’s medical expenses, lost wages, future care costs and pain and suffering.

Impact: This case not only got Johnson financial recovery but also brought to light the importance of following vehicle maintenance standards and hours of service regulations. Big Freight Inc. changed their maintenance procedures and enforced stricter compliance with federal trucking regulations.

Truck Accident Lawyers

Hiring an experienced personal injury lawyer is crucial in handling truck accident cases, especially with the complexity of the process and the number of parties involved.

Case Evaluation and Investigation

Truck accident lawyers conduct thorough investigations to determine liability. This includes:

Reviewing Accident Reports: Lawyers gather reports from local authorities, FMCSA and the trucking company to understand what caused the accident.
Examining Maintenance and Driver Logs: Maintenance records and driver logs are key in determining if the trucking company and driver followed safety regulations.
Consulting Experts: Expert testimony from engineers, accident reconstruction specialists and medical professionals may be needed to prove negligence and extent of injuries.

Negotiation and Litigation

Most truck accident cases settle but if they don’t, attorneys will:

Negotiate Settlements: Attorneys will negotiate with insurance companies and trucking companies to get fair settlements for medical expenses, lost wages, pain and suffering and other damages.
Prepare for Court: If a fair settlement can’t be reached, attorneys will prepare for litigation, present evidence and make legal arguments to get compensation for the client.

Client Support

Throughout the process attorneys will provide support, guide the client through the legal process, explain their rights and manage the emotional and financial impact of the accident.

Summary

Truck accidents in Memphis, TN involve many legal and safety issues. Victims must navigate federal and state regulations to get the compensation they are entitled to. Knowing the laws, reviewing recent statistics and looking at recent cases is key to getting justice.

For truck accident help, Keller Swan has you covered. Contact us to get personalized service today.