Few types of motor vehicle crashes cause the devastation that comes with an 18-wheeler accident. These enormous vehicles can demolish virtually any other type of motor vehicle on the road.
If you were critically injured in a collision and you do not know where to turn for help, a dedicated Memphis personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC could offer you the legal support you need when you need it most. Schedule a free consultation today and find out more about how the claims process works and who could be found responsible for your damages.
Legal Options After an 18-Wheeler Accident in Memphis
When you are involved in a collision involving a tractor-trailer, you may be interested and wondering how you are going to hold a liable party accountable. After all, you should not be stuck covering these costs.
Your 18-wheeler accident lawyer in Memphis, TN can help you go over your legal options after reviewing the details of your case. Generally, Your options will include filing an insurance claim or bringing your case to court. Here is more:
File a Claim with the Insurance Company
Tennessee is a fault state when it comes to motor vehicle accidents and insurance claims. This means when you are filing a claim with the insurance company, it will be the liable party’s insurance company, not your own.
However, it should be noted that if you made the decision to add no-fault insurance coverage as part of your personal auto insurance policy, you have the opportunity to file a claim with your own insurance company as well.
Many injury victims are hesitant to file a claim with their own insurer, as the insurance company will likely increase the amount you are required to pay when it is time for your auto insurance policy to be renewed. However, when you have been involved in a collision with a commercial truck, filing a claim with the trucking company’s auto insurance provider may be in your best interests.
Your 18-wheeler accident attorney in Memphis, TN will determine who is at fault so we can file a claim with the appropriate insurance company and negotiate for a reasonable settlement based on the terms of the policy limits.
File a Civil Lawsuit Against the Liable Party
If filing a claim with the insurance company was going to help all injury victims recover the entirety of their damages, you would have no need to go to civil court. Unfortunately, insurance settlements are based on the types of coverage purchased by the policyholder.
If the trucking company was shirking their insurance premiums or failed to carry sufficient insurance coverage, you may have remaining losses the insurance company does not cover. Bringing your case to trial is the best way to maximize the compensation you can be awarded.
There are no limits to the types of damages you could recover. Every single loss you have experienced should be taken into consideration and accounted for as your attorney calculates the value of your 18-wheeler accident lawsuit.
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Potential Liable Parties to Sue
One of your 18-wheeler accident lawyer’s most important responsibilities will be figuring out who is responsible for causing your accident. For the vast majority of injury victims, establishing fault and liability is one of the only ways to get justice. Here are some of the parties who are frequently sued in 18-wheeler accident lawsuits:
Truck Owners and Companies
The owners of these big rigs and the trucking companies that employ truck drivers are frequently named in 18-wheeler accident insurance and civil claims. Truck owners have an obligation to ensure that the 18-wheeler is in working order, receives regular routine maintenance, and is otherwise safe for the roads.
Trucking companies have an obligation to ensure they are hiring skilled truckers and adhering to the Federal Motor Carrier Safety Administration (FMCSA) work-hour regulations. If a negligent truck driver causes your accident, the trucking company that employs them may also be responsible.
18-Wheeler Parts Designers and Manufacturers
Malfunctioning and defective 18-wheeler parts are some of the most common causes of collisions. When tires, steering systems, braking systems, or any other part of the big rig is defective, they can cause life-threatening injuries.
The vehicle parts designers, manufacturers, distributors, retailers, dealerships, and other third parties could be named as part of your 18-wheeler accident lawsuit.
Irresponsible Truck Drivers
When your 18-wheeler accident is caused by distracted, drowsy, drunk, drugged, aggressive, impaired, or reckless driving, you may have the opportunity to file a lawsuit against the truck driver. The trucking company that hires them could also be at fault, depending on the circumstances of your case.
If your 18-wheeler accident was caused by a drunk trucker, if there were any dram shops in the area that oversold or over-served alcohol to the trucker when they were already visibly intoxicated, according to Tennessee dram shop liability laws, they could be compelled to cover your damages. Our Memphis 18-wheeler accident attorneys will review all of the evidence in your case to uncover all potentially liable parties.
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Compensation for Memphis 18-Wheeler Accident Victims
There are a variety of damages that may be eligible for recovery when you are filing a Memphis 18-wheeler accident lawsuit. Compensable damages account for the losses you are entitled to recover. Examples include:
- Lost wages
- Loss of companionship and love
- Medical costs
- Future healthcare expenses
- Pain and suffering
- Emotional trauma
- Vehicle repairs
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Reach Out to an 18-Wheeler Accident Lawyer in Memphis for Help Today
The trauma that comes with an 18-wheeler accident could have a lasting impact on your life. It is important to keep these details in mind as you consider your legal options for financial recovery.
Start working on your insurance and civil claims today when you contact an experienced Memphis 18-wheeler accident lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC. Complete our quick contact form or call us to schedule your free consultation as soon as today.