Encountering large commercial trucks is a daily occurrence on Tennessee’s highway system. Eighteen-wheelers, logging trucks, and other commercial trucks dwarf passenger vehicles and are extremely dangerous — and often deadly — when involved in an accident.
Helping Truck Accident Victims in Morristown and Nationwide
Although we are based in Tennessee, the Terry Law Firm is experienced in handling truck accident cases throughout the United States. Our team of injury lawyers is prepared to investigate and gather the appropriate evidence to negotiate a fair settlement for those wrongfully injured due to negligence in a trucking accident.
Some of the nationwide cases we have handled include:
- Tractor Trailer vs Tractor Trailer wreck involving a nationwide truck line. The Arkansas semi-truck collision involved an inadequately trained driver. The driver most likely fell asleep crossing the median striking our client’s tractor-trailer, the wreck caused serious injury and death.
- Commercial vehicle vs Pedestrian: This North Carolina wreck was caused when our client’s tractor-trailer broke down on the interstate and the driver of a commercial vehicle who was not paying attention struck the disabled tractor-trailer, which in turn struck our client.
- Tractor Trailer rear-end collision in West Texas: This Odessa Truck wreck occurred when the driver of a tractor-trailer used in the oil business was not paying attention and crashed into our clients who were stopped for congested traffic.
- Tractor Trailer Collision I-40 near Asheville North Carolina: this tractor-trailer collision occurred when the driver of a Semi-Truck failed to observe the speed and lane requirements in the mountains of North Carolina. This reckless conduct resulted in a collision injuring multiple parties.
As with other types of traffic accidents, crashes involving commercial trucks are not random occurrences, but overwhelmingly the result of human error. Under pressure to meet strict deadlines, many truckers drive long hours without enough rest. They may be fatigued, inattentive, or under the influence of drugs. Large trucks are also more susceptible to vehicle-related crash causes, such as defective brakes or tires.
Truck accident law is complex and difficult to navigate because numerous state and federal laws govern the trucking industry. In addition, drivers and companies are represented by big insurance providers and powerful legal teams whose goal is to minimize or deny your claim, even if you were not responsible for the crash.
The Terry Law Firm has been representing victims of truck accidents in East Tennessee for more than 50 years. We know the tactics that trucking companies use to avoid liability. Our dedicated Morristown truck accident lawyers will guide you through the claims process and fight for the full compensation you deserve. Schedule a free initial consultation today!
Why Truck Accident Cases Are More Complicated
Truck accident cases are more complicated than accidents involving two passenger cars. That’s why it is important to work with an experienced trucking accident law firm that has a successful track record of handling the unique challenges these cases present.
Increased Damages
The size discrepancy between commercial trucks and passenger vehicles can lead to extremely serious injuries and property damage.
While minor fender-benders between two cars resulting in no injuries and little to no property damage are common, the occupants of a 3,000-pound passenger vehicle rarely walk away unscathed from a collision with a fully loaded semi-truck that weighs 80,000 pounds.
The greater the extent of damages, the more complex the claims process. It’s not unusual for truck accident victims to suffer broken bones; head, neck, and back injuries; amputations; and other catastrophic injuries. These injuries may require extensive care and lengthy rehabilitation that add up to hundreds of thousands or even millions of dollars in medical costs.
The Complexity of Determining Liability
The vast majority of truck accidents involve multiple vehicles. Although human error is the most likely culprit of trucking accidents, even when the truck driver is clearly negligent, there are multiple third parties that can additionally bear responsibility. These include the driver’s employer, the truck owner, parts manufacturers, maintenance workers, and drivers of other vehicles.
Each of these parties has its own insurance coverage, which can lead to finger-pointing and buck-passing. Dealing with a single insurance company can be difficult enough. Dealing with multiple insurers who are all attempting to limit their own liability is a much more challenging scenario.
If the at-fault party is not willing to offer a full and fair truck accident settlement, this can lead to a protracted legal battle, including the possibility of a trial, a video settlement brochure that we have done in a private setting. We have found that while video settlement brochures are very expensive, they oftentimes have the ability to completely change the value of a case.
Trucking Regulations
Further complicating truck accidents are state and federal commercial vehicle regulations that establish conduct such as truckload limits, driver safety, and inspections, maintenance, and repairs.
Violations of Tennessee laws or Federal Motor Carrier Safety Regulations can establish a company’s or a driver’s liability. Determining whether regulations were violated requires an extensive investigation of the accident. In many cases, qualified trucking accident attorneys are necessary to investigate the crash cause and defend the interests of an injured claimant.
Who Can Be Held Responsible After a Truck Crash in Morristown, Tennessee?
The multiple parties that potentially bear liability for a trucking accident complicate the claims process. The skilled Morristown truck accident lawyers at The Terry Law Firm have decades of experience successfully handling these complex claims. We know what to look for during an investigation and how to determine fault for a crash.
Truck Driver
The driver of the truck in a collision is the most likely culprit. According to a major federal study of truck accidents, 55 percent of all crashes studied were the fault of truck drivers. The major critical crash reasons assigned to truckers were prescription and over-the-counter drug use, traveling too fast for conditions, unfamiliarity with the roadway, and fatigue.
Trucking company
Trucking companies have a legal responsibility to ensure that their drivers and vehicles are safe. Failure to do so can expose them to liability, but they have ways of shielding themselves. For example, truck companies might destroy or conceal log books and other records. Learn more about trucking company tactics.
Cargo company
The Federal Motor Carrier Safety Administration (FMCSA) study on truck accident causation identified pre-crash cargo shift as the factor with the highest relative crash risk. Truck drivers and truck companies rarely are responsible for loading cargo. This task usually falls to a cargo or freight loading company. If the cargo was not loaded securely, and it shifts, causing an accident, the party that loaded it may be held responsible.
Manufacturer or maintenance company
The FMCSA’s truck crash causation study found that about 1 in 10 truck accidents is caused by a vehicle issue. Brake and tire problems were attributed to 29 percent and 6 percent of accidents, respectively. These and other issues that contribute to an accident can be the fault of a parts manufacturer or improperly performed maintenance. Fault can also lie with the trucking company for failure to keep the truck in good working order.
Government entity or contractor
Roadway problems contribute to about 20 percent of truck accidents. In particular, the interruption of traffic flow is one of the factors most frequently coded as the reason for a truck crash. Large trucks are responsible for around 27 percent of work zone fatal crashes and 8 percent of work zone injury crashes. Pre-crash issues such as inadequate warning signage, failure to comply with work zone safety standards, and problems with traffic control can be blamed on the project’s general contractor or a government agency.
Due to the difficulty of determining liability for a truck crash, you should consider speaking with an experienced Morristown truck accident lawyer who has successfully handled these types of cases. Request your free consultation now.
Tips for Protecting Your Rights After a Morristown Truck Crash
In Tennessee, if you were a vehicle owner or driver in a traffic crash involving death or injury, or in which property damage exceeds $1,500, you must report the accident to the Tennessee Department of Safety and Homeland Security within 20 days of the crash.
Aside from this accident reporting requirement, there are certain things you should do after a truck accident to protect your rights and increase the chances that you are fairly compensated.
- Get immediate medical attention
First responders to the accident scene can help to gauge the seriousness of your injuries. In the event that you suffer severe injuries, you may not have a choice about being taken to the emergency room by ambulance. Don’t refuse medical help. And even if you don’t think you need immediate care, get to a doctor as soon as possible for evaluation. Some injuries don’t show up right away. You’ll also want to establish a clear record of your injuries. Delaying treatment has the potential to damage your claim. - Document the accident scene
If you are well enough to walk around and talk to people after the crash, take this opportunity to thoroughly document the accident scene. Obtain contact and insurance information from other parties to the crash. Talk to witnesses and get their contact information. Take pictures or video of your vehicle, the truck, skid marks, signage, traffic signals, and other contextual clues. Most phones have a voice recorder app. Use this to document your initial thoughts, feelings, and observations. - Keep everything
Proving your losses is critical to your compensation claim. Meticulously document all medical care, car repairs, and out-of-pocket expenses such as accident-related travel, rental cars, over-the-counter medication, and co-payments. Store receipts, bills, correspondences, and other evidence in one place. Consider keeping a pain journal of how you feel after an accident. A journal helps to substantiate your pain and suffering damages. - Stay off social media
This cannot be stressed enough. While it may be tempting to share accident pictures and status updates, doing so may ultimately harm your claim. Stay off social media altogether until your case is resolved. - Talk to an experienced truck accident lawyer
The unique aspects of truck accidents make it more likely that you will need attorney representation. You might do everything needed to document your losses, but if you fail to prove liability, your efforts could be in vain. Consider, for example, that obtaining truck records is vital to a successful case, but this can be a difficult process for the inexperienced.
Tennessee Truck Accident Statistics
A truck crash occurs in Tennessee every 3 minutes, according to statistics from the Tennessee Highway Patrol. On average, a fatal truck crash happens every 7 hours and 13 minutes.
In 2022, Tennessee saw a total of 14,096 large truck accidents, according to data from the Tennessee Department of Safety and Homeland Security (DSHS). That figure was up from 2020 when 12,221 large truck crashes occurred in the state.
The Highway Patrol reports that 1 in 14 accidents in the state involved a large truck in 2020. However, large trucks are much more likely to be involved in crashes that cause fatalities. In fact, 1 in 6 fatal accidents in Tennessee involved a large truck in 2020.
According to the DSHS, some of the most common causes of large truck accidents in Tennessee include:
- Lane departure
- Following improperly
- Failure to yield
- Inattention
- Improper turn
- Improper backing
- Carelessness
- Speeding
- Overcorrecting
The most common day for large truck crashes in Tennessee is Thursday, according to the DSHS data. The fewest large truck accidents occur on Sundays.
DSHS data reveal that more large truck accidents occur on Interstates than on any other type of roadway. In 2022, 5,351 large truck accidents happened on Interstates in Tennessee. U.S. and state highways saw 1,928 large truck crashes, while 1,250 occurred on municipal roads and 535 on county roads.
The Highway Patrol reports alcohol use, fatigue, drugs, and falling asleep were among the top factors in large truck crashes. With the notable exception of fatigue, those factors affected other drivers involved in crashes more than large truck drivers.
Our Morristown Truck Accident Lawyers Can Make a Difference for You
There is no substitute for experience. The Terry Law Firm has been representing victims of truck wrecks in Morristown and throughout East Tennessee for more than 50 years. We understand the state and federal regulations that apply to trucking, the tricks that trucking companies and their advocates use to deny liability, and how to build the strongest case possible for our clients.
Our reputation is built on success. We have recovered millions of dollars for truck accident victims. With our dedicated and talented team of professionals on your side, rest assured that you won’t have to settle for less than your case is worth.
Don’t delay: Schedule a free consultation today.
Truck Accident FAQs
When you file a truck accident claim, you may be able to recover compensation for various expenses and losses you incurred due to the crash. Your case may provide you with financial recovery for your:
- Medical and rehabilitation expenses
- Lost income
- Lost future earning potential and job benefits
- Pain and suffering
- Lost enjoyment or quality of life
- Vehicle repairs or reimbursement of your car’s value
Yes, it’s crucial to call the police at the scene of a truck accident. The police can investigate the crash scene, gather information from the truck driver and other motorists and eyewitnesses, and prepare an accident report. Police crash reports often provide critical information for truck accident claims.
Other steps you should take at the crash scene include:
- Check on everyone involved in the accident to see if anyone requires immediate medical attention.
- Move your vehicle out of the path of traffic if possible, or walk to the side of the road if your car has been disabled.
- Get the truck driver’s employer and insurance information and insurance information from any other drivers involved in the crash.
- Take photos and videos of the accident scene, including vehicle damage, license plates, visible injuries you suffered, skid marks on the road, and traffic controls at the scene.
- Talk to eyewitnesses to obtain a brief statement of what they saw and their contact information.
In most cases, the insurer of the at-fault truck driver or the trucking company that employed the driver will pay you compensation for your truck accident claim if they are found liable. Other parties may also have liability for the accident, including:
- The truck’s owner
- The cargo company
- The truck and trailer manufacturer
- Manufacturers of parts used on the truck
- Third-party auto shops that serviced the truck
You should contact a truck accident attorney immediately after a truck accident. A lawyer will know what it takes to thoroughly investigate the accident and prepare a compelling, persuasive legal claim. A lawyer can also document your injuries and losses and estimate future expenses to ensure you seek total compensation. Your attorney can also deal with trucking company representatives, insurance adjusters, defense lawyers, or bill collectors on your behalf so you can focus on healing.
Although liability for the truck accident is determined under traditional state negligence laws, other laws – such as state and federal trucking industry regulations – may affect the outcome of your case. For example, a truck driver’s violation of the federal or state hours-of-service regulations may serve as evidence that they were too tired to drive safely. Speak with your attorney to learn more about the laws that apply in your case.
Here are some factors that make truck accident cases more complicated than other kinds of auto accident claims:
- Truck accident victims often suffer more severe injuries that require longer, more expensive medical care.
- Truck accidents can injure more people than other types of crashes.
- Truck accidents may have multiple liable parties who will fight with each other to shift financial responsibility among themselves.
- Truck accident claims may involve lots of complex evidence.
- Trucking companies may have complicated corporate structures or layered insurance policies that make it difficult to determine the extent of financial assets available to the company.