Memphis Truck Accident Lawyer

After a truck accident, it’s crucial to seek legal assistance from a Memphis truck accident lawyer. Companies that operate 18-wheelers, delivery trucks, and other big commercial vehicles swiftly move to protect their interests. The same urgency is shown by their insurance companies.

On the other hand, after their accident, most victims of truck accidents don’t know what to do and find themselves playing catch-up. By contacting an experienced personal injury attorney at Gatti, Keltner, Bienvenu & Montesi, you can ensure that your rights and best interests are strongly represented.

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. Identifying each person responsible for your injuries is an integral part of ensuring you receive the fair and full compensation you are owed.

At Gatti, Keltner, Bienvenu & Montesi, our truck accident lawyers have been helping clients in Memphis identify the parties liable for their losses and holding them accountable for their negligence since 1970.

The parties responsible for your auto accident may include the following and more:

• Contractors and subcontractors
• Safety inspectors
• Maintenance technicians
• Vehicle and parts manufacturers
• Truck dealerships
• Commercial trucking companies
• The owner of the big rig
• Truck drivers
• Other negligent drivers
• Government agencies
• Municipalities
• 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.

Evidence to Prove Liability in a Truck Accident

Proving fault is essential in truck accident claims. Unlike criminal court, where the prosecutor needs to prove guilt beyond a reasonable doubt, your Memphis truck wreck 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 than not at fault for your injuries. With that being said, there are some types of evidence that are used to prove liability in truck accident claims 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

How Tennessee Shared Fault Laws Could Impact Your Case

Many truck accident victims in Memphis hesitate to contact 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 recovering 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.

Your injury settlement will decrease in proportion to the percentage of fault assigned to you, so the defense will try to capitalize on this. Your attorney needs to ensure accurate assessment of liability in your truck accident claim. Let’s look at an example of how Tennessee’s shared fault laws could have an impact on your truck accident claim.

An Example of Shared Fault

A commercial truck struck Ellie when she was not wearing her seatbelt. Despite the fact that a distracted truck driver hit Ellie, the judge found her 10 percent responsible for causing her injuries.

The jury awarded Ellie $1 million for her severe injuries. However, 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 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 that they 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 semi-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.

How to Get the Most Out of Your Truck Accident Case

If you hope to recover maximum compensation for your 18-wheeler accident, 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 trial, in some cases, doing so could be the best way to recover your damages. Here is more about each of these legal options.

File an Insurance Claim

Filing a claim with the insurance company is a top way for truck accident victims to recover compensation. The insurance company will look for reasons to deny your claim, as it will cost them money to pay out. Dealing with the insurance company is not easy.

Your Memphis tractor-trailer wreck attorney can handle the insurance company on your behalf so you can focus on recovering from your injuries. It is critical 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 you don’t have enough insurance coverage and your losses surpass the minimum amount, your insurer won’t be liable to compensate you for the remaining damages. In that situation, you may need to seek the excess damages when you file your truck accident claim in civil courts.

Bring Your Case to Court

Going to court may be the best way to recover your damages in full. With an experienced legal advocate, you can feel confident in pursuing your case.

Calculating the Value of a Truck Accident

Our truck accident lawyers in Memphis will ensure they take into consideration every loss when calculating the value of your claim by going over both your economic damages and non-economic damages in great detail.

Economic Damages

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 semi-truck accident claim include:

• Costs of increased insurance premiums
• Medical equipment and hospital bills
• Future medical expenses
• Unexpected childcare costs
• Household upkeep and maintenance expenses
• Loss of income
• Loss of future potential earnings, including 401(k) or retirement savings contributions and bonuses

Non-Economic Damages

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 consortium
• Loss of society, support, protection, advice, and guidance
• Physical pain and suffering
• Inconvenience
• Damage to your reputation
• Mental anguish

Punitive Damages

In addition to economic and non-economic damages, a small percentage of truck accident cases also qualify for punitive damages. Punitive damages punish the liable party and are only applicable when the at-fault party acted with gross negligence or deliberate intent to cause harm.

Doing Whatever It Takes to Defend You

Gatti, Keltner, Bienvenu & Montesi will act quickly to protect truck accident victims. Our Memphis trucking accident attorneys are available 24/7 to clients. 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, including bicyclists, pedestrians, motorists, or anyone else, may have a right to financial compensation for their injuries. What many people do not understand is that, in some cases, they can take legal action against the truck driver even if they were partially responsible for the auto accident.

Accident liability is an extremely nuanced and complicated area of law. The Memphis lawyers at Gatti, Keltner, Bienvenu & Montesi know that no two truck collision 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

Truck accidents can occur due to various reasons, such as safety violations, defective parts, driver fatigue, recklessness, and more. Proving fault requires expertise, as evidence could exist in electronic form, maintenance records, logbooks, or the accident scene. Our firm comprises accident reconstruction specialists, investigators, and lawyers with decades of experience to help you with your case.

The Money You Need & Deserve

Truck accidents often result in serious injuries or fatalities due to the significant difference in weight and size between the passenger vehicles involved. Survivors may suffer from permanent disabilities such as burns, paralysis, or brain damage.

Our truck accident attorneys are familiar with the intricacies of catastrophic injury cases. We work closely with life care planners, accountants, medical specialists, and other experts to ensure we seek appropriate compensation on behalf of all our clients.

How Much Does It Cost to Hire an Experienced Truck Accident Attorney?

When considering hiring an attorney after a truck accident, one of your primary concerns will likely be the cost. Accident victims often neglect to hire legal representation over worries that they will not be able to afford their services. While it is true that many attorneys charge an expensive retainer fee and a high hourly rate, this is not the case with Memphis truck collision lawyers.

Truck accident attorneys and other personal injury lawyers typically work on a contingency fee basis. Your attorney will only receive payment if you collect compensation from the liable party. If your lawyer successfully recovers damages on your behalf, they will assess their fee as a fixed percentage of the money you receive.

This fee system ensures your attorney will have a strong incentive to recover as much money on your behalf as possible. After all, the greater the amount you receive, the bigger the payday for your attorney. Alternatively, if your lawyer fails to get you compensation from the at-fault party, they will not receive payment for their services.

Actions a Truck Accident Attorney Will Take on Your Behalf

When you hire a truck accident attorney in Memphis, they will take a number of steps to ensure that they handle your case properly. Some of the main actions you can expect your lawyer to take include:

• Investigating your accident
• Calculating the value of your damages
• Filing a personal injury lawsuit or insurance claim
• Completing the steps of the pretrial process
• Arguing your case at trial
• Negotiating for a settlement deal

Investigating Your Accident

The attorney will actively investigate the accident, collecting evidence like police reports, witness statements, scene photos, and relevant information. They’ll also review the truck driver’s logbook and maintenance records for safety regulation violations.

Furthermore, they will actively review the truck’s black box to determine if there were any mechanical failures or other issues that may have contributed to the accident.

Calculating the Value of Your Damages

Your truck accident attorney will calculate your damages by considering all medical expenses, including medical bills, doctor visits, physical therapy, and related costs.

They will also consider lost wages due to time missed from work and any pain and suffering you have endured. Additionally, they will factor in any property damage that occurred as a result of the accident.

Filing a Lawsuit or Insurance Claim

Your attorney can help you pursue compensation for the accident by handling the necessary paperwork for you, whether it’s filing an insurance claim or a lawsuit.

Completing the Steps of the Pretrial Process

Once a lawsuit is filed, the pretrial process begins. This includes filing motions, conducting discovery, and engaging in settlement negotiations. During this time, your truck accident attorney will work to continue to gather evidence as they work to prepare your case for court.

Arguing Your Case at Trial

Your Memphis 18-wheeler accident attorney will present your case to the jury with collected evidence to prove the fault of the other party and obtain compensation for you.

They will also cross-examine any witnesses called by the defense and make closing arguments. Your attorney will work hard to ensure you receive the compensation you deserve.

Negotiating for a Settlement Deal

While your attorney goes through all the steps mentioned above, they will also be in negotiations with opposing counsel on your behalf. They will work hard to ensure you receive a fair settlement that covers all of your expenses and losses.

If an agreement can be reached, your case will conclude, and you will get the money you deserve far quicker than if your case goes to trial.

The Majority of Truck Accident Cases Settle Out of Court

Most truck accident cases end up settling out of court. The lengthy and expensive process of going to trial leads both parties to often prefer to avoid the risks associated with a jury verdict. When both sides are willing to negotiate, they can usually reach an agreement that meets the needs of both parties.

However, it is critical that you and your Memphis tractor-trailer accident lawyer are always prepared to take your case to court if necessary. While a settlement may be the most likely outcome, there is still certainly a chance that the opposing party will be unwilling to agree to a fair settlement deal. If this is the case, a courtroom trial will be necessary to get the money you need.

The Insurance Company Does Not Have Your Best Interests At Heart

When you are involved in a truck accident, the insurance company will likely try to settle your case quickly and for as little money as possible. They do not have your best interests at heart and may even attempt to deny or minimize your claim. Companies may offer a settlement before you file a claim.

The insurance adjuster hopes to reach you before you have a chance to speak to an attorney. They aim to overwhelm you with medical bills and make you accept their offer without thinking twice.

If you accept the insurer’s deal, you will be unable to pursue further damages once the full extent of your losses becomes apparent. A tractor-trailer accident lawyer in Memphis can help you negotiate with the insurer for the compensation you deserve. They will fight for your rights and make sure that the insurance company does not take advantage of you.

How Long Will It Take to Settle My Truck Accident Case?

Every truck accident case is unique, and the time it takes to settle a case can vary greatly. The settlement time of a case is determined by the severity of injuries, legal complexities, and parties’ willingness to negotiate.

Truck accident cases can be resolved in a few months if both parties are motivated to settle. But if it goes to trial, it could take years to get a resolution.

Contact a Truck Accident Attorney in Memphis for Help Today

Our truck accident attorneys offer a free consultation, whether at the hospital, your home, or in Memphis. We also have a second office located in Germantown, Tennessee. We handle truck accident injury and wrongful death lawsuits on a contingency basis. Our truck accident attorneys work on a contingency fee basis.

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. An experienced Memphis truck accident lawyer is ready to explain your legal rights and answer any questions you may have.