Tennessee Personal Injury Law: Truck Related Accidents
Large shipping trucks might be economically important, but they are also dangerous obstacles for other motorists on the roadways. Maneuvering such a vehicle is difficult and requires constant vigilance. This and the fact that truck drivers are on the road for long periods of time unfortunately swings the odds in favor of regular truck related accidents. Injuries and proprietary damage can be severe, so compensation needs to be granted when deserved.
Fault In Truck Accidents:
The standard for accident liability for truckers in Tennessee generally maintains that truck drivers are at fault if they gross the lines on the road. However, there are also countless factors, such as malfunctioning equipment, that can complicate the designation of legal blame.
Damages Granted For Truck Accidents:
Most victims of truck accidents are entitled to benefits including, but not limited to medical costs, decreased earnings, lessened quality of life, and short to long-term incapacitation. Depending on the circumstances, damages vary from case to case.
Truckers are almost always trained by employers to immediately start the process of acquiring evidence in favor of their defense of any potential charges. The ideal thing for a victim to do is start as soon as possible with the recording of information such as witness testimonies, photographs of the scene, and contact details.
Statistics In Tennessee:
Research regarding truck accidents are recording regularly by the Tennessee Department of Safety (TDS) and Federal Motor Carrier Safety Administration (FMCSA) and are posted on their websites for public access. It is estimated that over forty billion dollars goes towards truck accidents every year in the United States.
Insurance For Trucking:
Although truckers are guaranteed a substantial amount of coverage due to required insurance policies set by trucking companies, victims are not necessarily guaranteed compensation from a trucker’s insurance. Since the trucking company and their insurance company will be trying to avoid as much loss as possible and start gathering evidence immediately with professional assistance, victims are advised to do the same. Persons injured in a truck accident may also access black box recordings mandatory for truck drivers to maintain while operating their vehicles.
Requirements For Truckers:
There are guidelines that establish who is and isn’t eligible to operate trucks that are driven for interstate commerce. The Federal Motor Carrier Safety Regulations (FMCSR) are posted for public access on the government website, and cover eligibility requirements such as age limitations, drug testing, service hours, and several others.
Victims of truck accidents or their attorneys should immediately begin gathering necessary evidence following the incident. Witness testimonies, contact information, truck black box recording devices and logbooks, electronic evidence on mobile devices, and other circumstance-verifying information are all requisite for a good defense in any truck related injury case.
Types of Truck Accidents:
There are various kinds of large trucks that regularly use public roadways for service, transport, or utility. Injury trails for each type of truck will be different depending on the circumstances. Some of the most frequent cases involve the following:
– Garbage Trucks: Garbage trucks regularly service neighborhoods and public areas, using public roads to do so. They are large vehicles with an open back, and there is always the danger of falling objects causing traffic accidents. Negligence charges for garbage truck related injuries are also common, if the truck driver was distracted or reckless in performing his or her duties.
– Delivery Trucks: This is one of the most common types of truck on the road. They are used on large and small scales for a variety of purposes and can vary widely in size. Since there are more delivery truck drivers, there are also more deliver truck accidents. If the truck driver is liable, then victims are advised to gather information to press charges immediately. Companies in charge of delivery vehicles will assuredly take prompt action to prevent compensating a victim and losing money, so a late start is never ideal.
– Cement Trucks: Cement trucks are one of the largest and heaviest types of utility trucks – they carry enormous tanks of concrete, after all. Because of their increased mass, cement mixer truck accidents are almost always more fatal than commercial transport vehicle incidents. Their heaviness also makes them difficult to maneuver, so caution is advised to motorists who encounter a cement mixer on the road.
– Tractor Trailers: Tractor-trailer accidents are deadly and occur for any number of reasons. Common factors leading to injury in such cases include negligent driving on behalf of tired truckers, improperly loaded cargo in trailers, and driving under the influence. Commercial trucks are responsible for some of the most fatal accidents on Tennessee roadways.
Truck drivers who have been properly trained are expected to use proper loading methods when transporting cargo. However, many truckers still find themselves at fault for various mistakes such as overloading and improperly fastening restraints on cargo. Imbalances and weight shifts caused by such negligence often results in flips, or other deadly traffic accidents. If an accident with a truck was caused by its load shifting, then injured victims are entitled to compensation.
Loss Of Wheels:
Trucks are enormous, and so are their wheels. There are also far more wheels on a large truck than other motor vehicles, and more wheels means more maintenance. Wheels that are not properly fastened or maintained have the potential to be separated from the vehicle while it’s on the road – and this is extremely dangerous. Injuries caused to motorists due to wheels coming off of trucks typically result in the victims receiving compensatory benefits.
Legal Representation And Truck Accidents:
If you or a loved one has been injured or had property damaged due to a collision with a truck, and then you are probably eligible to receive compensation under Tennessee law. Contact our offices if you have any questions, or to set up an initial consultation with one of our skilled attorneys. He or she will work one on one with you and provide the resources, connections, and knowledge from experience that is ideal for securing a satisfactory settlements in most any truck related injury case.