Spinal cord injuries, burn injuries, traumatic brain damage, amputation, and the development of post-traumatic stress disorder are just a couple of the more common types of injuries seen in big rig accidents. If you have been struck by an 18-wheeler, you may be left feeling confused, overwhelmed, and worried about how you are going to cover all of these costs and move forward with your life after this traumatic event.
Thankfully, when you have a dedicated Marion personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC on your side, you can get answers. We will handle every legal detail of your case so you can rest easier, heal from your injuries, and maximize the amount of restitution you are awarded. Contact our office for a free consultation today and find out how we plan to make the liable party pay.
Liability for Big Rig Accidents in Marion
Your big rig accident lawyer in Marion, TN, takes on a number of tasks and responsibilities in taking on your case. Arguably the most important task is identifying the liable party and proving negligence.
This is because the liable party will be ordered to compensate you for your losses if your claim is successful. With help from your big rig accident attorney, you can ensure all parties who contributed to your accident are held accountable for their reckless or negligent actions.
Causes of Big Rig Accidents
Tractor-trailer crashes can happen in a number of ways. Your big rig accident lawyer will conduct a thorough investigation into the cause in order to reveal the truth. It is not unusual for multiple parties to share liability after a big rig accident.
Some of the more common ways in which these accidents occur include:
- Poor weather conditions
- Distracted driving and cell phone use
- Impaired driving (drugs or alcohol use while driving)
- Failure to repair dangerous potholes
- Lack of streetlights
- Following too closely
- Failure to use a turn signal
- Driving while fatigued
- Improperly secured truck cargo
- Lost loads
- Failure to yield or stop
- Aggressive or reckless driving
- Hazardous conditions on the roads
- Unexpected wildlife
- Malfunctioning or defective 18-wheeler parts
Who to Sue
Your big rig accident attorney in Marion, TN, will closely examine the evidence obtained in your case to determine who should be sued for your damages. No matter how your accident occurred, there are likely several parties who share fault for your injuries.
The way in which your accident occurred will determine who should be soon. For instance, if the truck driver who hit you was too fatigued to be driving safely, not only could the truck driver be sued, but the trucking company that employs them as well.
You might have grounds for a claim against government agencies, safety inspectors, road construction workers, contractors and subcontractors, and even the city of Marion if the roads are not being properly maintained for motorists. Additionally, you could sue manufacturers of 18-wheeler parts, truck parts distributors and retailers, and 18-wheeler maintenance technician professionals if their negligent actions contributed to your injuries.
Proving Fault and Negligence After a Marion Big Rig Accident
If we are going to establish negligence and liability for your damages, we will need to prove liability based on a preponderance of the evidence. This means the evidence we present in court should leave little to no doubt in the minds of the jury and judge that the defendant in your case is to blame for your damages.
There are many different types of evidence that could be used to establish liability and negligence in a big rig accident claim. Some examples include:
- Employee and truck company records
- The tractor-trailer’s black box data
- Electronic logging records
- Police reports and crash data
- Reports from an accident reconstructionist
- The truck driver’s chemical blood alcohol content levels
- Video footage of the big rig accident
- Photos of the victim’s injuries
- The truck driver’s cell phone records
- Witness statements and expert testimony
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Compensating Marion Big Rig Accident Victims
You have the right to compensation for your damages when someone else is at fault. One of your Marion big rig accident attorney’s most important responsibilities will be ensuring every loss is considered accordingly.
Types of Big Rig Accident Damages You Could Recover
The damages you can recover after being hit by a tractor-trailer cover a wide variety of losses. They can include damages that have monetary values, known as economic damages, and losses that do not have set monetary values, known as non-economic damages.
Some examples of losses that could be recouped if your big rig accident claim is successful include:
- Diminished earning capacity
- Medical costs
- Future medical expenses
- Property damages
- Loss of enjoyment of life
- Loss of consortium
- Pain and suffering
- Mental anguish
- Reputational damages
How Big Rig Accident Settlements Are Paid
There are two primary ways you can recover compensation following a collision with an 18-wheeler. These include filing a claim with the insurance company or bringing your case to court. Tennessee follows fault insurance laws, so generally, you would file a claim with these at-fault party’s insurance companies.
However, there are some instances in which you could file a claim with your own insurer based on the specific details of your case. When insurance coverage is not enough or the liable party is not insured, your best chance for total financial relief may be to file a civil lawsuit against the at-fault party. This way, you are not limited by the restrictions of your big rig accident insurance claim.
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Contact a Big Rig Accident Lawyer in Marion for Help Today
Are you ready to fight for justice after your tractor-trailer crash? Are you ready to ensure the liable party compensates you for every loss? If so, you do not have to go through it alone.
When you have a reputable Marion big rig accident lawyer from Gatti, Keltner, Bienvenu & Montesi, PLC investigating your case, negotiating with the insurance company, and fighting for the damages you are entitled to, you have your greatest opportunity for total financial relief. Learn more about what your next steps should be when you contact our office for a free consultation. You can fill out our online contact form or call us when you are ready to start working on your case.