If you have sustained injuries or property damage from a truck accident, the law firm of Gatti, Keltner, Bienvenu & Montesi PLC is here to answer your questions and provide expert legal counsel. Truck accident injuries are serious and require equally serious compensation. Our skilled, compassionate lawyers are ready to fight for that compensation.
When Should I Call a Truck Accident Lawyer?
Once you are safely removed from the scene of the accident, have reported the accident to the police, and have sought emergency medical care (if needed), call a truck accident lawyer from Gatti, Keltner, Bienvenu & Montesi PLC.
Your attorney will ensure your claim is filed within the statute of limitations. The sooner your lawyer can start building your case and negotiating with insurance companies, the sooner you will experience financial relief.
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How Long do I Have to File My Claim?
According to Tennessee Code §28-3-104, you have one year from the date of the accident to file a claim. If you fail to meet this statute of limitations, the court will regard your claim as invalid, and you will not be able to pursue the compensation you need and are entitled to.
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What Should I Do After a Truck Accident?
Safety for all involved is the first concern following an accident. If you and others are safely off the road and not experiencing a medical emergency, call the police to make an official accident report and start gathering evidence.
If possible, take photos and video of the scene of the accident, your injuries, and damage to your property. Collect contact information from witnesses and exchange insurance information with others involved in the accident. All of this information will help your lawyer construct a solid case.
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Who Should I Hold Responsible for the Accident and for My Injuries?
As with any motor vehicle accident in Tennessee, responsibility for truck accidents falls on whoever caused the accident. While truck drivers are often culpable whether because of driver error or for failing to adhere to Federal Motor Carrier Safety Administration (FMCSA) federal trucking regulations, they may not be the sole party responsible.
If the truck company and/or driver did not properly maintain the vehicle according to FMCSA standards, or if a part failed, the company or part manufacturer may be at fault. Truck cabs and trailers are often owned by different parties and each party will have its own insurance policy. The complicating factors make it essential that you obtain legal counsel who understands the trucking laws and regulations and has the expertise to carry your case through the legal process.
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What Damages Can I Collect?
The settlement you collect depends on the consequences you have sustained from the accident. You may need to pursue damages for medical expenses and care, lost wages and future earnings, pain and suffering, and damaged property.
If your loved one was killed in a truck accident, you may be able to sue for wrongful death. A settlement may recover medical expenses and income, cover end-of-life expenses, and bring compensation for emotional and other intangible losses caused by your loved one’s death.
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What Injuries Are Caused by Truck Accidents?
Any motor vehicle accident can bring severe injury, but truck accidents can be especially devastating. A typical car weighs 4,156 pounds, according to a recent Environmental Protection Agency (EPA) report, and is clearly outmatched by a 300,000-pound semi-truck.
Victims of truck accident injuries can sustain serious damage to the neck, back, brain, and spinal cord. They may also experience broken bones, nerve damage, lacerations, amputations, burns, or other injuries.
Remember that the effects of an injury may not show immediately. Adrenaline and shock can distract or even dull pain. Be sure to seek medical attention even if you do not think you are seriously hurt. Your physical well-being and the strength of your case can both be harmed by delayed medical treatment.
How Much Can I Win in a Settlement?
Your settlement depends on a number of factors, including the severity of your injuries and pain and suffering, how your injuries affect your abilities to work, and the amount of property damage you have suffered. Gatti, Keltner, Bienvenu & Montesi PLC has secured impressive wins for victims of trucking accidents.
The amount of your settlement may also be affected if you are found to be partially responsible for the accident. Tennessee is a comparative fault state. If the victim is found to be more than 49% responsible for the accident, they collect no damages.
If they are found less than 50% responsible, the settlement will be reduced by a percentage proportionate to their determined responsibility.
Should I Accept the First Settlement I Am Offered by Insurance Companies?
No. Insurance companies and responsible parties want to pay out as little as possible. Unfortunately, some companies operate unethically and without your best interests in mind and will try to convince, or even intimidate, you into accepting an offer much lower than you deserve.
With an attorney from Gatti, Keltner, Bienvenu & Montesi PLC handling your case, you will be protected from these lowball offers.
Will I Have to Go to Court?
Not necessarily, though you should be prepared for that scenario. It is usually in the best interest of both parties to settle out of court. However, working toward that settlement requires negotiation, which is best managed by an attorney.
By settling out of court, your legal fees will be lower, and you will see financial compensation sooner. The entities you sue benefit from avoiding the bad press and from paying their attorneys who do not work on a contingency basis, unlike your lawyer from Gatti, Keltner, Bienvenu & Montesi PLC. However, if the responsible parties refuse to offer a fair settlement, you may need to take your case to court.
How Can I Make an Appointment with an Attorney?
Scheduling a free consultation with a truck accident lawyer from Gatti, Keltner, Bienvenu & Montesi PLC is simple. Visit our contact page to call or send us a message. An expert lawyer will respond quickly at no cost to you.