From January to mid-July 2024, there were 496 auto accidents involving large trucks that caused serious or fatal injuries in Tennessee, according to the state’s Department of Safety and Homeland Security.
Tennessee allows trucks with a gross weight of up to 80,000 pounds, although as the University of Tennessee explains, there are a variety of different weight regulations. Still, the large size of these vehicles means they have tremendous force. When you are involved in a truck crash, serious or fatal injuries are far more likely as a result.
To find out more about how we can help, give our Knoxville truck accident attorney a call at (865) 691-2777 today to schedule your free consultation.
Why Choose Us?
Truck accident claims can be tricky, that’s why it’s so important to get legal help in these types of accidents. The Lawyers of Brown and Roberto are here to provide the advocacy you need and deserve. Here’s some reasons why you should choose us:
- Our Knoxville truck accident lawyers have a long and successful track record of representing truck crash victims, including in a case in which we recovered $1 million for a victim harmed when a trucker hit a car in an intersection.
- As members of the Million Dollar Advocates Forum and the Tennessee Trial Lawyers Association, we bring the experience and skills necessary to help you maximize the chances of full and far recovery in complicated truck accident claims.
- Beyond our legal skills, our legal team offers compassionate representation and work to build trust with every client so you can count on us to handle the legal issues as you focus on recovery.
Common Causes of Knoxville Truck Accidents
There are many causes of truck accidents in Knoxville, including:
- Distracted driving
- Driver fatigue
- Improper truck maintenance
- Improper loading of cargo
- Poor weather
- Reckless driving
- Inexperienced driving
- Aggressive driving
While truck drivers are typically required to have a special commercial driver’s license and to comply with a body of laws set forth by the Federal Motor Carrier Safety Administration (FMCSA) that are designed to protect the public, not all drivers live up to their basic obligations to be safe on the road.
When a truck driver is to blame for a crash, it’s crucial that those hurt in the incident get help from a Knoxville truck accident lawyer who understands the complexities of these claims.
Who is Responsible for Knoxville Truck Accidents?
Truck drivers are often the ones responsible for causing accidents because of their carelessness or negligent actions on the roadways. However, they may not be the only defendants you can recover compensation from when a truck crash has changed your life.
That’s because Tennessee laws establish a legal rule called vicarious liability. This rule allows crash victims not just to make a claim against an individual trucker but to actually pursue a case against the trucker’s employer under some circumstances.
A case called Hamrick v. Spring City Motor Co., 708 S.W.2d 383, 386 addressed the doctrine of vicarious liability, explaining that “it is necessary to show that the operator of a vehicle was acting as a servant or employee of the owner and in the course and scope of the employment at the time of the accident.”
If you can show a trucker was performing work duties, the state’s vicarious liability rule should apply to your case. This is important because the Federal Motor Carrier Safety Administration establishes strict rules for trucking companies that could require them to have millions of dollars in insurance coverage depending on the truck’s cargo.
The more defendants you can pursue a claim against, and the more insurance coverage they have available, the more likely it is that you’ll be able to fully recover for all your losses.
A Knoxville truck accident lawyer knows and understands the special rules that could affect truck accident claims and will work to help you identify the right defendants and make a claim against all those who may be responsible for harming you.
How Can A Knoxville Truck Accident Lawyer Help You?
The Lawyers of Brown and Roberto will do more than just help you decide who to make a claim against. We will also work hard to ensure that your claim is as strong as possible. We’ll do this by working to gather evidence from day one and by using our decades of skills and experience to decide on the best legal arguments to make in your claim.
In accident claims, you’ll generally need to prove the truck driver was negligent in order to recover compensation. You can do this by showing their level of care was below what a reasonable driver would have exhibited under the circumstances. You can also do this by demonstrating they violated a safety regulation.
The FMCSA has many regulations that apply to truckers, including limits on hours driven and rules for when they must take breaks. If you can prove the truck driver violated hours of service regulations or any other FMCSA safety rule, this violation can create the presumption of negligence. That makes it easier to prove your claim and win your case.
A Knoxville personal injury attorney can assist you in identifying FMCSA violations and other negligent behavior. Your attorney will also work to obtain evidence including driver log books, as well as records from a truck’s Electronic Logging Device (ELD) or its “black box” (which is a computerized system aimed at recording vehicle and crash data to identify accident causes).
Finally, the Lawyers of Brown and Roberto will help to ensure you file your claim on time. Tennessee Code Section 28-3-104 establishes just a one year statute of limitations for injury claims, so we will get started building your case from day one so you can move forward quickly before it is too late.
Types of Compensation Available for Truck Accident Victims in Knoxville
Truck accident victims in Knoxville may be entitled to various forms of compensation, depending on the circumstances of their case. The severity of injuries, extent of property damage, and impact on your life all affect the types and amount of compensation available.
At the Lawyers of Brown and Roberto, we will work to identify all potential avenues to compensation and maximize your final award. Potential damages in your claim may include the following:
- Medical expenses: Your claim can pay for all treatment costs associated with the accident, including emergency care, hospitalization, surgeries, medications, and rehabilitation. This includes both past and future expenses.
- Lost wages: You can recover compensation for income lost due to time away from work during recovery, as well as potential future earnings if the injury affects your ability to work long-term or return to your previous occupation.
- Pain and suffering: These are non-economic damages that account for the physical pain and emotional distress that you have experienced as a result of the accident and your subsequent injuries.
- Property damage: Your settlement can provide compensation to help repair or replace your vehicle and any other personal property damaged in the accident, such as clothing or personal electronics.
Gathering Evidence to Support Your Truck Accident Claim
Building a strong truck accident claim requires thorough and compelling evidence that proves the other party’s negligence and establishes your right to compensation. The Lawyers of Brown and Roberto will work to collect all documents related to the collision, such as:
- Police reports and accident scene photographs
- Eyewitness statements
- Video footage from traffic cameras or nearby businesses
- The truck’s black box data, which can provide information about the vehicle’s speed, braking, and driver actions
- The truck driver’s logbooks and employment records
- Maintenance records for the truck and trailer
- Expert testimony from accident reconstruction specialists
- Medical records and expert medical opinions about your injuries
Our firm has the resources and experience to obtain and analyze this evidence, and we often tap into our wide network of industry experts to build a compelling case. By presenting a comprehensive body of evidence, we aim to strengthen your claim and maximize your chances of receiving fair compensation.
Time Limits for Filing a Truck Accident Lawsuit in Tennessee
As mentioned earlier, the statute of limitations for filing a truck accident lawsuit is generally one year from the date of the accident. This timeframe is short, which is why it is important to act quickly after a collision. If you do not file your lawsuit within this period, the court will likely dismiss your case and prevent you from recovering compensation.
Some exceptions to this rule may extend or shorten the filing deadline. For instance, if the accident resulted in a fatality, the family members may have one year from the date of death to file a wrongful death lawsuit, which could be later than the accident date. However, these exceptions do not always apply.
For this reason, it is essential to contact a truck accident lawyer as soon as possible after your accident. At The Lawyers of Brown and Roberto, we can help you understand the specific deadlines that apply to your case and take all necessary legal actions within the required timeframe.
Get In Touch With The Knoxville Truck Attorneys of The Lawyers of Brown and Roberto
Truck accident claims are often very serious and you can’t afford to make mistakes as you navigate the legal system. Don’t try to handle these complicated proceedings on your own.
Contact The Lawyers of Brown and Roberto at (865) 691-2777 today to schedule a free consultation and learn more about the ways in which our Knoxville truck accident lawyers can help you.