Truck accidents are among the most horrific types of incidents that occur in Germantown, Tennessee. The sheer size and weight of a commercial truck can lead to the destruction of a passenger car and catastrophic injuries. You or a loved one can suffer life-threatening injuries in an accident involving a commercial truck.
Whether you are a pedestrian, motorist, or bicyclist, you have rights that need to be protected when injured. A Germantown truck accident lawyer from Gatti, Keltner, Bienvenu & Montesi PLC can protect those rights. Contact us today by phone or by completing our online contact form to learn more about your options through a free, no-obligation case evaluation.
Who You Can Hold Liable for a Truck Accident
A truck accident does not always have just one at-fault party. There is the possibility that multiple parties played a role in the crash that left you injured, which means you can hold each one of them accountable for their actions when filing a claim. Some of the most commonly at-fault parties in trucking accidents include:
- The driver of the truck
- The truck company
- The party responsible for loading the truck
- The truck manufacturer
- A parts manufacturer
- A company, hired to perform maintenance on the truck
- A third-party driver
The Driver of the Truck
The truck driver is the most obvious at-fault party in a truck accident. Whether it was fatigue, intoxication, poor decision-making, or failure to follow the rules of the road, the truck driver will be liable for a large percentage of truck accidents.
Truck drivers are held to a higher standard of safety when on the road than other drivers, due to the danger that these large vehicles pose. If a driver fails to follow federal or state trucking regulations, they could be responsible for your damages.
The Truck Company
You might be able to hold the truck company liable in an accident claim in addition to the truck driver. The truck company is responsible for hiring, training, and monitoring the drivers it hires. If one of its drivers causes an accident, the company could face liability issues in a claim.
The Party Responsible for Loading the Truck
Whoever loaded the truck might be held responsible for the crash. Improperly loaded cargo can shift during transportation, causing the truck to overturn. The cargo might also fall off the vehicle if it is a flatbed. Alternatively, too much cargo might have been loaded onto the truck based on what it can handle. All of these mistakes can lead to the cargo loader being held responsible.
The Truck Manufacturer
If a truck defect caused the accident, the truck manufacturer could be to blame. A semi-truck with a defect can be incredibly dangerous, especially because these faults in design or manufacturing are often not apparent until something goes wrong on the road.
A Parts Manufacturer
Similarly, the manufacturer of parts installed on the truck could be liable if a defective part caused the accident to occur.
A Company, Hired to Perform Maintenance on the Truck
If a maintenance company hired to work on the truck failed to correctly fix an issue, they could be at fault for any resulting accident. In that same vein, if while working on the truck, they failed to diagnose an issue that a company in their position could be reasonably expected to find, they could also be held responsible.
A Third-Party Driver
If the actions of another driver on the road caused the accident to occur, they could be held liable for any damages sustained both by you and by the truck driver and trucking company.
While these are the most commonly liable parties, this list is far from exhaustive. Many others could potentially be at fault for your accident. Fortunately, an experienced truck accident lawyer in Germantown will know exactly what to look for when attempting to prove liability.
For a free legal consultation with a truck accidents lawyer serving Germantown, call (901) 526-2126
Deadline to File a Truck Accident Claim in Germantown
You need to act quickly when injured in a Germantown truck accident because of the short statute of limitations in Tennessee. You have just one year from the date of the truck accident to file a claim against the at-fault parties for your injuries. If you do not file a truck accident lawsuit by the one-year mark, you are risking the ability to recover compensation.
However, it is essential to note that missing the deadline will not automatically exclude you from pursuing damages. It is entirely possible that an exception may apply to your case, which will enable you to file a personal injury lawsuit even if the standard deadline has already passed.
On the other hand, you could also discover that an exception to the statute of limitations further limits the amount of time you have to file. The best way to ensure that all deadlines are met is by hiring a Germantown truck accident attorney soon after your accident.
Germantown Truck Accident Lawyer Near Me (901) 526-2126
Worth of a Truck Accident Claim
There are challenges in placing a finite value on truck accident claims because of the differences in each accident. That is where an experienced Germantown trucking accident lawyer will help.
Your attorney will review the circumstances of the crash to determine how much you should seek from the at-fault parties. The circumstances that play a role in the value of your claim include the following:
- The severity of your injuries
- If your injuries are expected to be permanent
- How much money has been spent on medical treatment
- If you have to modify your vehicle or home due to paralysis
- The amount of negligence by each at-fault party
- If any of the at-fault parties acted intentionally
- How much money is expected to be spent on treatment, care, rehabilitation, and other costs
Click to contact our Germantown Personal Injury Lawyers today
Damages You Can Pursue Following a Truck Accident in Germantown
After sustaining severe injuries in a truck accident in Germantown, you will likely be eligible to seek several different types of damages. An experienced truck accident lawyer in Germantown, TN, can help you sort out what damages apply to your case. All of the losses you suffered can be divided into the main categories of economic and non-economic damages.
Economic Damages
Any losses you suffered because of your accident that were monetary in nature are considered to be a form of economic damage. Common economic damages available in truck accident cases include:
- Medical expenses
- Future medical bills
- Lost wages and benefits
- Lost earning ability
- Property damages
- Costs for modifications to your home and vehicle necessary to accommodate a disability
Non-Economic Damages
All other losses sustained after an accident are categorized as non-economic damages. Common non-economic damages available in truck accident cases include:
- Pain and suffering
- Loss of companionship
- Loss of consortium
- Mental anguish
- Emotional distress
- Scarring and disfigurement
- Permanent disability
Punitive Damages Are Also Possible
If the at-fault party acted intentionally in the truck accident, the judge presiding over your case might award you punitive damages. These damages can also be available if the level of negligence is deemed to be criminal negligence. Punitive damages can significantly increase the value of your case, but there are limits placed on them by Tennessee law.
The limits for punitive damages are either two times the total award for compensatory damages or $500,000. You will be eligible to recover whichever amount is greater.
Complete a Free Case Evaluation form now
Fatal Truck Accidents and Wrongful Death Claims
Should you suffer the loss of a loved one in a commercial truck accident, you can file a wrongful death claim against any of the parties responsible, depending on their level of fault in the crash. A wrongful death lawsuit can help pay for your loved one’s funeral and burial expenses as well as the medical care they received before their death.
Contact a truck accident attorney in Germantown, TN, for help.
The Cost of Hiring a Truck Accident Attorney in Germantown
When attempting to recover maximum compensation after a commercial trucking accident, hiring an experienced attorney can be essential to recovering the full value of your injury claim. Unfortunately, many accident victims fail to hire a lawyer due to concerns that they will not be able to afford to pay their fees.
However, you should never let worries over money stop you from hiring an experienced truck accident attorney or another type of personal injury lawyer. These attorneys generally work on a contingency fee basis. That means that they only get paid if you recover compensation. If you do receive damages, their fee will be assessed as a fixed percentage of the money you claim.
This system ensures that your lawyer will do everything within their power to get you as much money as possible. After all, more compensation for you means a greater payday for your attorney. Alternatively, if your lawyer is unable to recover damages from the at-fault party, they will not be paid for their legal services.
Don’t Trust the Insurance Company
After an accident, there is a strong chance that the liable party’s insurer will approach you with a settlement offer before you even have a chance to file a claim. While you may at first view this as the insurance company reaching out to make things easier during a challenging time, the truth is that they have an ulterior motive for making this offer.
The insurance adjuster hopes you will accept their deal as a goodwill gesture before you have a chance to hire an attorney. They are counting on the growing list of medical expenses, pressuring you into taking the money quickly. However, you must realize that the amount they are offering is likely only a small fraction of the full value of your injury claim.
If you do end up accepting the insurance company’s offer, you will be forfeiting the right to pursue further compensation. The loss of this right can be incredibly painful when the full extent of your losses becomes apparent. The best way to protect yourself against these unscrupulous business practices is by refusing to speak with the insurer until you have hired an attorney.
Most Truck Accident Cases End Up Settling Out of Court
The majority of truck accident cases conclude through an out-of-court settlement. The reason for this is that it is generally in the best interest of both parties to avoid going to trial. By settling out of court, the defendant can save significant money on lawyer’s fees, while the plaintiff can recover the compensation they need much sooner than they would through a trial.
However, you need to understand that although your case is likely to be resolved out of court, this is not always the case. In some situations, the other party will be unwilling to agree to a fair settlement deal. In rare cases, they may refuse to negotiate altogether. In these situations, going to trial to resolve your case is the only option for recovering fair compensation.
Because of the potential to need to win your case in court, it is essential that you hire a truck accident attorney with a history of winning at trial. Many truck accident lawyers out there can handle settlement negotiations but are lost when arguing a case in court. Choose an attorney with the experience necessary to get you the money you need.
Tennessee’s Comparative Negligence Law
Tennessee employs a comparative negligence law. Under this law, multiple parties can hold a level of liability for an accident, and the amount of compensation an accident victim is able to recover is reduced by the amount of fault assigned to the victim. As long as your level of liability remains below 50%, you will be able to pursue compensation from the other party.
However, should your level of liability be set at 50% or above, you will be unable to recover damages. In fact, you may instead find that the other involved party is filing a claim against you or your insurer.
If you are still eligible to claim compensation, the level of fault assigned to you will directly affect the amount you can recover. For example, if your claim is worth $100,000 and you are found to be 10% at fault, the amount you can recover will be reduced by 10%. That means that you will only be eligible to receive $90,000 instead of the full value of your claim.
How Long Will It Take to Recover Compensation?
Following a truck accident, the amount of time you will have to wait to recover compensation from the liable party will vary depending on a number of factors. The first thing that must be taken into account is whether your case is likely to settle out of court or go to trial. Reaching a settlement can happen in a matter of weeks, while going to court will likely take years.
Other factors that must be considered include the severity of the injuries you sustained, the motivation of each party to settle the case quickly, and the complexity of the legal issues surrounding your case.
You should also be prepared for the insurance company to use stalling tactics to delay your case. Their intent will be to make you so desperate to finally settle your case so that you can pay the bills that are piling up that you will agree to a settlement deal far below the true value of your claim.
We Have Secured Millions of Dollars on Behalf of Our Clients
At the law firm of Gatti, Keltner, Bienvenu & Montesi PLC, we have been helping accident victims recover the compensation they need and deserve for years. We have a long history of securing favorable results for our clients and have, on several occasions, recovered over a million dollars in damages.
Check out our case results to see the outcomes we have achieved in cases similar to yours. Remember that the exact amount you are able to recover will depend largely upon the specific details of your case. To get an idea of how much you can expect to recover from the liable party, reach out to our team of personal injury attorneys in Germantown today.
Causes of Germantown Truck Accidents
Each truck accident is different, which means there will be various circumstances surrounding it. The most common causes of Germantown semi-truck accidents include the following:
- Driver inattention
- Driver fatigue
- Impaired driving (drugs or alcohol)
- Faulty brakes
- Improperly loaded cargo
- Improperly maintained trucks
- Speeding and tailgating
- Failure to check blind spots
- Construction zones
- Failing to stop at red lights, stop signs, or crosswalks
- Failure to yield to emergency vehicles with lights and sirens activated
Types of Trucks on Tennessee Roads
You will see a variety of trucks when traveling the roads of Tennessee, including the following:
- Trash trucks
- Fire trucks
- Delivery trucks
- 18-wheelers
- Big rigs
- Dump trucks
- Flatbeds
- Car carriers
- Logging trucks
- Fuel tankers
Injuries Caused by Truck Accidents
Victims of truck accidents can suffer serious, life-changing injuries. These injuries can cost you hundreds of thousands of dollars in medical bills and lost wages. Truck accident victims often suffer the following injuries:
- Scars and burns
- Disfigurement
- Vision and hearing loss
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Amputation
- Injuries to soft tissues
- Open head wounds
- Concussions
- Herniated discs
- Paralysis
It is imperative that you seek medical care immediately following a truck accident, even if you believe you have not suffered an injury. Delayed onset of pain is possible, which means that your injuries might not present themselves until days after the accident. Having a record of medical treatment increases the chances of your truck accident claim succeeding.
Call a Truck Accident Lawyer in Germantown Today
If you or a loved one suffered an injury in a truck accident, the medical treatment alone can cost tens of thousands of dollars. Hold the responsible parties accountable for their actions that left you injured. A Germantown truck accident attorney from Gatti, Keltner, Bienvenu & Montesi PLC can help you take the proper legal action.
Call our office, or complete our contact form to schedule a free consultation with a member of our team. We will review your case and go over your legal options. We are happy to answer any questions you may have, so don’t hesitate to reach out to us today.
Call or text (901) 526-2126 or complete a Free Case Evaluation form