Companies that operate 18-wheelers, delivery trucks, and other big commercial vehicles move fast to protect their own interests following an accident. So do their insurance companies.
On the other hand, most victims of truck accidents do not know what to do after their accident and are left to play catch-up. By contacting an experienced Memphis truck accident lawyer at Gatti, Keltner, Bienvenu & Montesi PLC, you can help ensure your rights and best interests are strongly represented after an accident.
Contact our office for a free consultation today to find out how much your truck accident claim could be worth.
Determining Who Is Responsible for Your Losses
One of the most significant obstacles in resolving a truck accident case is that you may be unaware of who all the defendants or responsible parties are. However, identifying each person who is responsible for your injuries is an integral part of getting you the fair and full compensation you are owed.
At Gatti, Keltner, Bienvenu & Montesi, PLC, we have been helping clients identify the parties liable for their losses and holding them accountable for their negligence since 1970.
The parties responsible for your accident may include the following and more:
- Contractors and subcontractors
- Safety inspectors
- Maintenance technicians
- Vehicle and parts manufacturers
- Truck dealerships
- Trucking companies
- The owner of the big rig
- Truck drivers
- Other negligent drivers
- Government agencies
- Other third parties
We strive to locate defendants who are liable for your losses and help you recover the full compensation to which you are entitled.
For a free legal consultation with a truck accidents lawyer serving Memphis, call (901) 526-2126
Evidence to Prove Liability in a Memphis Truck Accident
Proving fault is essential in Memphis truck accident claims. Unlike criminal court where the prosecutor needs to prove guilt beyond a reasonable doubt, your attorney needs to meet a lesser burden of proof in civil court. Liability must be proven based on a preponderance of the evidence in civil court.
This means your attorney must show through the evidence presented that the defendant is more likely they are not at fault for your injuries. With that being said, there are some types of evidence that are used to prove liability in a Memphis truck accident claim more frequently than others. Some of these types of evidence include:
- Chemical blood alcohol test results
- Cell phone records
- Blackbox data
- Accident reconstructionist reports
- Injury reconstructionist reports
- Crash reports
- Police reports
- Safety inspection logs
- Maintenance records
- Employee records
- Communication exchanges
- Social media posts
- Expert witnesses
- Eyewitness testimony
- Forensic evidence
Memphis Truck Accident Lawyer Near Me (901) 526-2126
How Tennessee Shared Fault Laws Could Impact Your Case
Many truck accident victims in Memphis hesitate to reach out to a lawyer for help when they believe sharing fault for their injuries will prohibit them from recovering compensation for the damages. Fortunately, the state of Tennessee does not operate under a pure contributory negligence system where sharing fault will prevent you from being awarded compensation for your damages.
Instead, Tennessee follows a modified comparative negligence system. Here, injury victims can share up to 50% of the liability for the accident and still be compensated for the portion of liability that is not theirs. However, you can expect the defense to argue that you share fault for your injuries or causing the accident, as this will reduce their financial obligation.
Since your injury settlement will be reduced in proportion to your percentage of fault, the defense will attempt to capitalize on this. Your attorney will need to ensure liability is assessed accurately in your truck accident claim. Let’s look at an example of how Tennessee shared fault laws could have an impact on your Memphis truck accident claim:
Ellie was struck by a commercial truck when she was not wearing her seatbelt. Despite the fact that Ellie was hit by a distracted truck driver, the judge found her tenuous percent responsible for causing her injuries. The jury awarded Ellie $1 million for her injuries. But, because she was 10% responsible for causing her injuries when she did not wear her seatbelt, her injury settlement was reduced by 10%. This means Ellie’s final injury settlement was valued at $900,000.
Statute of Limitations for Memphis Truck Accident Claims
Truck accident claims must be filed within one year under Tennessee law. This statute of limitations is one of the most strict in the country. One year is a limited amount of time to build a powerful case against the liable party.
The sooner you get your truck accident attorney working on your case, the more likely it is we will have the resources and opportunity to recover the evidence needed to prove liability in your case. If you are unsure when the statute of limitations expires for your case, be sure to contact your Memphis truck accident lawyer for help.
Although you might have assumed the statute of limitations will expire one year from the date of the accident, this deadline could be pushed back if you were not diagnosed with injuries until a later date.
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How to Get the Most Out of Your Truck Accident Case
If you hope to recover maximum compensation in your truck accident claim, it is important that you be prepared to file a claim with the insurance company and bring your case to court.
Although you may have been hoping to avoid going to court, doing so could be the best way for you to recover your damages in their entirety. Here is more about each of these legal options:
File an Insurance Claim
Filing a claim with the insurance company is one of the top ways truck accident victims in Memphis recover compensation for their damages. You can expect the insurance company to look for reasons to deny your claim wherever possible, as paying out on your claim is going to cost them money.
Dealing with the insurance company is not easy. Your attorney can handle the insurance company on your behalf so you can focus on recovering while we handle the legalities of your case. It is important to keep in mind that insurance settlements rarely compensate victims for every loss.
In fact, the amount of compensation you can recover through an insurance settlement will be based on the coverage purchased by the liable party. If the defendant only purchased the minimum amount of coverage and your losses are far greater than this minimum amount, the insurance company will not be obligated to pay you for your remaining damages. Fortunately, you can seek the excess damages when you file your truck accident claim in Memphis civil courts.
Bring Your Case to Court
Since insurance settlements limit the types and amounts of damages you can recover, bringing your case to court may be the best way for you to recover your damages in full.
Though going to court may be overwhelming, when you have an experienced legal advocate on your side you can feel more confident in your decision to pursue your case.
Calculating the Value of a Truck Accident in Memphis
To ensure every loss is taken into consideration when your truck accident lawyer in Memphis calculates the value of your claim, we will need to go over both your economic images and nine economic damages in great detail.
Economic damages are monetary and can be classified through financial records, receipts, bank statements, bills, and other documents. Some examples of economic damages you could recover in your Memphis truck accident claim include:
- Costs of increased insurance premiums
- Medical equipment and hospital bills
- Future medical expenses
- Unexpected child care costs
- Household upkeep and maintenance expenses
- Loss of income
- Loss of future potential earnings, including 401(k) or retirement savings contributions and bonuses
However, you also have the right to recover non-economic damages. These are not easily quantified, as they do not have a monetary value. Non-economic damages can affect each person’s life differently. Some of the more common types of non-economic damages you might be able to obtain compensation for include:
- Emotional distress
- Disfigurement, dismemberment, and skin scarring
- Loss of enjoyment of life
- Loss of companionship and love
- Loss of society, support, protection, advice, and guidance
- Physical pain and suffering
- Damage to your reputation
Doing Whatever It Takes to Defend You
Gatti, Keltner, Bienvenu & Montesi will act quickly to protect truck accident victims. Our Memphis truck accident attorneys are available 24/7 to clients, and we can even visit accident scenes in the middle of the night because we are committed to their success. When you hire us for representation, you can rest assured that you and your needs will always come first.
Why Accident Victims Need an Attorney
Truck accident victims, whether they are bicyclists, pedestrians, motorists, or anyone else, may be entitled to financial compensation for their injuries. What many people do not understand is that, in some cases, they can file a lawsuit against the truck driver even if they were partially responsible for the accident.
Accident liability is an extremely nuanced and complicated area of law. Gatti, Keltner, Bienvenu & Montesi knows that no two cases are the same. For these reasons, it is highly recommended that victims of truck accidents do not attempt to seek compensation on their own.
The Resources & Experience Required to Prove Your Case
A truck accident can be caused by a wide variety of factors, including a simple safety violation, a defective truck part, poor truck maintenance, driver fatigue, drunk driving, recklessness, and more. Since evidence of fault could be anywhere — in electronic form on a truck’s black box, in the company’s maintenance records, in the driver’s logbook, or at the scene —proving what occurred and why it occurred are things that should be left to legal professionals.
Once you retain our firm, you’ll be putting accident reconstruction specialists, investigators, and lawyers with decades of experience in this practice area to work for you.
The Money You Need & Deserve
The sheer difference in weight and size between the vehicles involved in the crash means that many victims of truck accidents do not survive. Of the survivors, many are left unable to care for themselves due to burns, paralysis, or brain damage, or they are left permanently disabled.
Our attorneys are familiar with the intricacies of catastrophic injury cases, and we work closely with life care planners, accountants, medical specialists, and other experts to ensure that we seek appropriate compensation on our clients’ behalf.
Call a Truck Accident Attorney in Memphis for Help Today
Whether we travel to meet with you at the hospital or in your home or you come to see us in Memphis, your consultation is always free. We also have a second office located in Olive Branch, Mississippi.
We handle truck accident injury and wrongful death cases on a contingency basis. Our Memphis truck accident attorneys at Gatti, Keltner, Bienvenu & Montesi PLC do not charge any legal fees unless we get a verdict or settlement for you.
When you are ready to get started on your case, fill out our secure contact form or call our office to schedule your no-cost, risk-free consultation.