Experienced Truck Accident Lawyer Nashville, TN
The trucking industry is vital to the economy in Nashville and across the U.S. It is estimated that 68% of all freight in the U.S. is transported by trucks, serving every sector. Large trucks provide crucial products to people in Nashville, but they also pose serious risks to others on the road. A truck accident can lead to severe injuries, disability, or death. Those who have been hurt in an accident with an 18-wheeler or other large commercial vehicle have every right to seek compensation and justice under the law.
According to statistics released by the Federal Motor Carrier Safety Administration (FMCSA) there were a total of 4,440 fatal commercial truck and bus crashes in 2016, an increase from the year before. With the number of accidents increasing, Nashville residents need to understand the risks of truck accidents and their rights after an accident occurs.
If you or someone you know has been seriously hurt or killed in a truck accident, you may be eligible to take legal action against the driver, the trucking company, and any other responsible party. To do this successfully, however, you will need a truck accident lawyer with the experience and skill needed to take on trucking firms and their powerful insurance companies.
The attorneys at the Law Offices of Luvell L. Glanton have spent the last 28 years fighting on behalf of truck accident victims. As an experienced truck accident lawyer, Luvell L. Glanton has earned praise from past clients and fellow lawyers on the local and national level.
There’s no need to try to pick up the pieces of your life after a truck accident on your own. Contact the Nashville truck accident lawyer at Law Offices of Luvell L. Glanton Call (615) 244-4511 today to get the fair compensation and justice you deserve.
Tennessee Law Offers Recourse to Truck Accident Victims
The courts in Tennessee take truck accidents seriously. Tennessee laws provide a clear path for those who have been harmed by others’ negligence to pursue a claim that will cover damages for the victims.
In order to secure compensation for damages in Tennessee, however, the victim has to prove three things:
- The truck driver owed a duty to the victim (in other words, they had a responsibility to the victim to drive safely)
- The truck driver failed to live up to this duty (or, they are largely at fault for one reason or another, some of which will be discussed below)
- This failure of duty on the part of the truck driver resulted in the injuries and other costs experienced by the victim
Should these three things be proven, Tennessee law says you should be entitled to compensation for specific damages.
Damages a Nashville Truck Accident Victim May Be Entitled to
Damages refers to the money a victim can receive as compensation after an accident. There are several types of damages someone who is hurt a truck accident can pursue:
- Medical expenses: The costs of emergency room visits and treatment, doctor’s care, physical therapy, and any other treatment necessary, either immediately after the accident or more long-term
- Property damage: Any damage done by the truck to vehicles, homes, or other property, including the costs of repair and the overall loss of value.
- Loss of income and earning capacity: Any missed work or any diminished ability to work to full capacity long term can be recovered in a claim.
- Pain and suffering: This refers to both physical and emotional pain and suffering that may include the struggles immediately after the accident or long-term suffering after the death of a loved one.
- Wrongful death: If a loved one died in a truck accident, the person’s family may be entitled to compensation for the pain of this loss and the lifetime of lost income associated with the death.
Different values may be associated with the above damages depending on the facts of the case and how well the victim or their lawyer argue for those damages.
Who Has Liability in a Truck Accident?
Many people are unsure of who might be liable in a truck accident case, which is one of the reasons they miss out on compensation if they pursue their case alone. In fact, accidents involving large trucks or other large commercial vehicles are often more complex because they may involve multiple parties who are at fault.
Those who may share some responsibility and liability for your injuries include:
- The truck driver
- The trucking company
- Parts manufacturers for the truck
- Multiple insurance companies (for the truck driver, the trucking company, and the victim)
Other parties may also be involved, including the local government, if problems with the road were partly at fault, or other drivers (and their insurance companies) who may have some degree of fault in the accident.
The Truck Accident Legal Process
When pursuing a claim against one or more parties, the legal process can be complicated. Simply put, the process involves four major steps:
Step 1: Investigate the crash
This step is incredibly difficult for those without a lawyer. After the crash, all parties who may either file a claim or will have to defend themselves against that claim will investigate the truck accident. They will try to gather evidence that strengthens their particular claim. The trucking company and insurance companies may bring in experts to try to piece the accident together in a way that limits their liability. Those filing the claim will do the same from their own perspective. This may involve bringing in experts and reviewing a great deal of documentation.
Step 2: File a claim
Once your attorney has thoroughly investigated the accident, they will file a claim that names the damages and the compensation they are seeking on your behalf. This will involve totaling your economic expenses, as well as putting a monetary value on your non-economic suffering, which can be difficult (if not impossible) without the help of a lawyer.
Step 3: Try to negotiate a settlement
Once a claim is filed, the parties will come together and attempt to reach a settlement through negotiation. This will involve a give-and-take process that may involve outside third-parties or may be done directly. If a fair value is offered as a settlement, the claim ends there.
Step 4: Litigate if negotiations fail
If negotiations break down, the claim will go to trial. At this point, your lawyer will have to argue before a judge and jury who will hear out all the evidence and will then decide on responsibility and the amount of compensation (if any) that is fair.
How a Lawyer Helps Your Truck Accident Claim
As the above facts demonstrate, truck accident cases are extremely complex. There are often multiple parties involved in a very intricate process that requires an excellent understanding of Tennessee and federal law.
While it is completely legal to pursue a claim without a truck accident lawyer, it is by no means advisable. A personal injury lawyer that has experience handling truck accident claims will have a better understanding of these cases and can use their knowledge of the process and the law to receive a far better outcome than the victim would on their own.
At the same time, a lawyer can handle the process while allowing the victim to concentrate on getting better, focusing on their family, and putting their life back together.
Why Nashville Truck Accident Victims Choose the Law Offices of Luvell L. Glanton
Our Nashville truck accident attorney team at the Law Offices of Luvell L. Glanton, has over 28 years of experience securing successful verdicts and settlements on behalf of our clients. Luvell L. Glanton has been named a Top 10 Attorney by the National Academy of Personal Injury Attorneys, and the American Institute of Personal Injury Attorneys (AIOPIA) has listed him on their 10 Best in Tennessee list. Numerous organizations have placed our firm among the Top 100 injury firms in the country.
These accolades are a direct result of our commitment to our clients and their families. In almost three decades of helping people in Nashville, we’ve seen every kind of truck accident claim, and we’ve routinely won cases against the biggest trucking companies and insurance companies. While many injury claims settle out of court, we aren’t afraid to take your case to trial if that means that you will receive the full and fair compensation you are owed.
We fight so hard for our clients because we believe it’s our duty to take care of those who are going through the hardest time in their lives. We want you to be able to move on, and we want to make sure those who are at fault are held accountable for their actions.
Trucks Represent a Real Danger in Nashville
We see our work as a duty not just to our clients but to the city of Nashville that we call home. The FMCSA found that there were 3,864 fatalities across the country due to a commercial truck or bus. There were also more than 104,000 injuries due to such crashes. This is a problem that directly impacts people in Nashville, and it is a public duty as much as a personal one for us to help those in our community who have been hurt. By taking legal action against the responsible parties, we hope that the truck drivers, trucking companies, and insurance companies will demand a higher standard of safety for themselves that will keep more people safe.
The Most Common Types of Nashville Truck Accident Cases
Trucking accidents be caused by a number of different factors, any of which the Law Offices of Luvell L. Glanton can handle. Some of the most common trucking accident cases in Tennessee include:
- Trucker fatigue and illegal hours cases: Truckers are expected to drive incredibly long hours. To avoid fatigue, those hours are supposed to be regulated, but many truckers and trucking companies try to break these rules. If the driver is fatigued or has exceeded the legal number of driving hours, they may be at fault.
- Driving under the influence cases: As with any driver, drinking alcohol or using certain substances makes it harder to control the vehicle and increases the risk of an accident.
- Braking issues cases: Brakes are heavily regulated on semi trucks and should regularly be checked and repaired. If the truck’s brakes are faulty, that may increase the liability on the trucker and the trucking company.
- Truck maintenance issues cases: Brakes are only one part of the truck that may fail. If a tire experiences a blowout or a mechanical error occurs, the trucking company, the maintenance company, or parts manufacturer may be held liable for injuries that occur.
- Overturned trucks and turning issues cases: Truckers have to be careful when turning. If the driver takes a turn incorrectly or at too high a speed, the truck can overturn, jackknife, sideswipe a vehicle, or otherwise cause a serious accident.
- Aggressive driving cases: Truckers have tough deadlines to meet, which can lead to very aggressive driving, such as speeding, tailgating, and a lack of braking. This style of driving can increase the liability of the trucker and the trucking company in the case of an accident.
- Negligent hiring of drivers cases: If the trucking company hires drivers who are not qualified or who fail drug and alcohol testing, they can be held accountable for any accidents those truckers cause.
- Overloaded truck cases: If a truck has too much weight, it can be harder to stop and maneuver, leading to more accidents.
- Various truck type cases: There are specific risks and liability that might be found for different kinds of trucks. Some of the trucks that may be involved in a truck accident include:
- Logging trucks
- Delivery trucks
- Dump trucks
- Flatbed trucks
- Garbage trucks
- Cement mixer trucks
- Tanker trucks
Whatever the cause of your truck accident or the type of truck involved, you should contact a truck accident attorney to find out the best course of action to pursue your claim.
What You Should Do After a Truck Accident?
In the event of a truck accident, there are certain things you should do for your safety and to prepare for a potential claim. Be sure to follow all these steps:
Step 1: Check for injuries
First things first, find out the severity of your injuries as well as others involved in the accident. Deal with this before anything else.
Step 2: Contact the police
Call the police and follow their instructions. Ask for an ambulance if there are any serious injuries.
Step 3: Contact your insurance company
Call your insurance company and report your accident, but don’t speak to the insurance company for others involved in the accident.
Step 4: Document everything
Take photos of the accident, the road, the truck, any injuries sustained, and any weather conditions. Get the names and contact information for anyone involved in the accident. Write down all the details of the accident so you don’t forget anything.
Step 5: Go to the hospital
Even if you don’t feel like you’re hurt, it’s best to go to the hospital. You may not know the existence or severity of your injuries, and skipping the hospital may limit your ability to seek compensation for injuries you discover later.
Step 6: Contact a truck accident lawyer
Once you have taken care of your immediate health needs, contact a truck accident lawyer as soon as possible to discuss your claim.
Take Action with the Law Offices of Luvell L. Glanton
If you or someone you love has been in a truck accident in Nashville, we are here to stand up for you. You deserve fair compensation for what happened to you, and that’s exactly what you will get with the lawyers at the Law Offices of Luvell L. Glanton. Contact an experienced Nashville truck accident attorney at (615) 244-4511 to schedule a free consultation today.