Whether you decide to handle your lawsuit on your own or hire one of the attorneys listed above, there are a few laws and regulations you should be aware of surrounding truck accidents. Keep in mind that when we use the term "truck" we are not referring to your normal pick-up truck, but to professional trucking vehicles such as

18-Wheelers

Tractor trailers

Big rigs

Box trucks

Semi trucks

See below for a quick overview of truck accident lawsuits in the Volunteer State. If you have any questions, we recommend contacting one of the attorneys listed above.

Tennessee Statute of Limitations

Each state has a statute of limitations to ensure that individuals cannot threaten to sue indefinitely and that evidence in a case does not lose its integrity (for example, memory of an accident). This law outlines the timeframe in which an individual can sue another party, which differs based on the nature of the complaint. If no lawsuit is submitted during this timeframe, it is probable that it will be thrown out.

The statute of limitations for truck accidents in Tennessee is one year after the event occurred. It applies to all civil claims involving personal harm or wrongful death, regardless of bias.

Tennessee Laws for Truck Drivers

Truck drivers are subject to both federal and state rules because they frequently travel over state lines. While we cannot provide a comprehensive list of all the requirements to be aware of, here are some of the most common.

Operating hours. Truck drivers are limited in how long they can drive their vehicles. For example, a driver cannot drive a truck for more than 11 hours in a 24-hour period after their mandatory 10-hour rest. Truck drivers are not permitted to drive more than 60 hours per week and must maintain a complete record book outlining their hours.

Language requirements. Tennessee requires commercial truck drivers to speak, comprehend, and converse in English. They must also understand English traffic signs and write and read trucking reports in English. Licensing. All truck drivers are required to hold a commercial drivers' license (CDL), which demonstrates their ability to operate their commercial vehicle in accordance with industry standards. To obtain this license, drivers must complete a series of tests. Drivers must also be certified to operate specific types of commercial trucks, such as straight trucks, tractor-trailers, and tankers.

Identifying Fault for a Truck Accident

Tennessee follows a modified comparative negligence standard when deciding blame. This indicates that a plaintiff's damages are lowered based on their degree of fault. However, if the plaintiff was more than 50% at fault for the accident, they cannot seek any damages.

For example, suppose you slowed down on a highway due to a wildlife crossing and a semi-truck rear-ended your car after you braked. After reviewing the occurrence, it was discovered that your vehicle's brake lights were not working, and the truck driver was preoccupied by his cell phone. Because of these conditions, you are held 20% liable for the accident and the driver 80%. You can only collect $4,000 if you requested $5,000 in damages.

How Can An Attorney Help You?

While you do not need an attorney to file a truck accident case in Nashville, having one on your side is beneficial for a variety of reasons.

Even if you were not wounded in the incident, you will still have to deal with loads of paperwork and possibly acquire a new vehicle. That's a lot to handle, let alone filing a case. An competent attorney can manage all correspondence between the parties, including with the driver's insurance company.

Because many truck drivers are employed by huge firms with insurance companies to cover them in the event of an accident, negotiating a fair compensation is simple.They may even offer a low-ball settlement that is insufficient to meet your expenses.

A lawyer specializing in truck accidents can strongly advocate for you with support from a group of experts in the field. They will analyze multiple pieces of evidence, including police records, accident reconstructions, and black boxes, in order to accurately determine liability and negotiate with the insurance company for a fair compensation. The greatest lawyers will not blink an eye if your case has to go to trial.

How to Find the Best Truck Accident Lawyer in Nashville, Tennessee

Of course, the list above is not exhaustive in terms of choosing the best truck accident lawyer to defend you. To decide the best fit for your circumstances, you must take into account several different factors. While many truck accident attorneys may showcase large settlements and verdicts on their websites, there are additional qualities to consider.

Persistent: When dealing with insurance companies for major trucking organizations, the finest lawyers are those who are prepared to do what is best for you, even if it is not the simplest alternative.

Attentive listener: Any collision can be disastrous, but truck accidents are more dangerous due to the size of the vehicle involved. You want a lawyer who will listen to all of your problems, not just the small details. Feeling heard will make you feel more comfortable and trustworthy throughout the case, which is always a good thing.

Clear cost structure: Given the complexities of truck accidents, you should understand exactly what you will be paying and when. Most truck accident attorneys practice on a contingency basis. This implies they do not accept any fees up front, but rather a percentage of the settlement or verdict if they win the case. Otherwise, nothing comes out of your wallet. Most lawyers charge between 30% and 40% of the money you receive.

Organized: There are many moving parts in a truck accident lawsuit. To assess adequate compensation, your lawyer will need to consult with insurance companies, medical specialists, police officers, and other experts, among other things. As a result, you want a lawyer who maintains a clean workplace and manages both their own and their staff's workloads. The most organized lawyers will be able to make your case appear straightforward.

FAQ

How long does a truck accident lawsuit take?

Commercial vehicle accidents are more complex than other types of accidents, making it difficult to predict how long a particular case will take. However, truck accident claims are typically resolved in six months to a few years, depending on the circumstances.

What is the leading cause of truck accidents in Tennessee?

According to a research conducted by the Federal Motor Carrier Safety Administration (FMCSA), 38% of truck accidents are caused by poor decision making by the driver. Poor decision making in this context refers to driving too fast for the road conditions or misjudging the speed of other vehicles. Furthermore, 28% of accidents are the result of distracted driving or inattention.

What is the deadline for me to submit a truck accident lawsuit?

In Tennessee, you have one year after the date of the accident to file a lawsuit. An extension may be granted in specific situations (for example, if the wounded individual is a juvenile), but this is uncommon. The best course of action is to file a case as soon as possible with an experienced truck accident attorney.