If you or a loved one was injured in a Smyrna truck accident, an attorney from The Cochran Firm – Nashville may be able to pursue compensation on your behalf. Tennessee law does not force you to work with a lawyer on your injury case, but with so much at stake, it can be a good idea to do so.
The truck driver and trucking company are likely to have liability insurance. These insurance carriers have claims adjusters, investigators, and defense attorneys, which can be difficult to communicate with on your own.
A Smyrna truck accident lawyer from The Cochran Firm – Nashville may be able to negotiate with the insurer and represent your interests. The initial consultation is free, and there is no obligation. You can call us today at (615) 651-7451 to get started.
How Large Truck Accidents Are Different from Standard Car Accidents
Even if you got hurt in a car accident in the past, a truck accident can be a vastly different experience.
Here are four elements that can play a part in a truck accident case:
- Different rules apply to truck drivers. In addition to having to follow the rules of the road, truckers must also comply with state and federal regulations. For example, there are laws that control how many hours a day a truck driver can be on the road. We know which documents can serve as evidence if the trucking company broke the law.
- Trucks’ braking distance. The Federal Motor Carrier Safety Administration (FMCSA) notes that a large truck traveling at 65 miles per hour will need the length of two football fields to come to a complete stop. With this information in mind, if a large truck was unable to brake in time to prevent an accident, you may be able to hold the trucker liable for your injuries.
- The truck’s size. The height, length, weight, cargo, and proportions of a large truck must be taken into consideration when being operated on public roads. When the driver has to change the direction or speed of a large truck suddenly, the physics can cause the truck to fishtail, jackknife, or flip over.
- Multiple parties involved. We may have to deal with multiple insurance companies when looking to resolve your truck accident case. The trucking company and its driver might both have liability insurance. However, sometimes, when there is more than one insurer in an incident, they point the finger at each other and try to deny liability. You do not have to deal with this issue if you are working with a lawyer on your claim.
There may be other factors involved with your case than those we have listed above. However, when you partner with The Cochran Firm – Nashville, our team may be able to address the challenges present in your personal injury case. We encourage you to reach out to our legal team today for a free consultation.
For a free legal consultation with a truck accidents lawyer serving Smyrna, call 615-678-6278
How We Prove Who Is Legally Responsible in a Truck Accident
There is no automatic answer to the question of who is liable in a truck accident. In some situations, the driver is responsible. Sometimes, the trucking company is at fault. Depending on the facts of your case, both the driver and trucking company can be held accountable for your losses.
The American Bar Association (ABA) requires us to prove how negligence contributed to your injuries and losses. Let’s explore how we evaluate whether the truck driver is at fault.
Our legal team must establish:
- Duty of care. Every truck driver has an obligation to drive with caution and obey the rules of the road, as well as state and federal trucking regulations.
- Breach of duty of care. When a party’s conduct does not measure up to the legal standard, it can be considered negligent. For example, a truck driver who drove 18 hours straight without taking a rest break likely breached their duty of care since they violated federal trucking regulations.
- Causation. We must prove that negligence caused the accident that harmed you. For instance, if a truck driver fell asleep at the wheel and collided with your vehicle, your lawyer may be able to assert that this action directly caused the crash.
- Quantifiable damages. In a personal injury case, the injured claimant must have measurable losses to pursue compensation. They cannot pursue compensation for pain and suffering alone. They must be able to show that they incurred medical bills, lost income, and other measurable losses as a result of another party’s negligence.
Sometimes, the trucking company was careless, leading to an accident.
Our legal team may be able to demonstrate fault by establishing:
- Duty of care. Every trucking company has a responsibility to keep its fleet of trucks in safe, roadworthy conditions.
- Breach of duty of care. Again, we would have to show how the trucking company violated a law or regulation that promotes the safety of others. For instance, if the manager of the trucking company postponed the replacement of worn-out brakes on the trucks, they likely violated their obligation to keep others safe.
- Causation. Your lawyer must be able to connect the trucking company’s negligence to the event that harmed you. For instance, if the brakes failed on one of the big rigs, causing the vehicle to collide with other vehicles on the road, the trucking company can be considered at fault.
- Quantifiable damages. Your legal team must show that you have incurred expenses due to the collision.
A Smyrna truck accident lawyer from The Cochran Firm – Nashville may be able to navigate the claims process and file a lawsuit on your behalf, if appropriate. You can call us today at (615) 651-7451 for a no-cost case evaluation.
Smyrna Truck Accident Lawyer Near Me 615-678-6278
Pursuing Compensation for Your Truck Accident Damages in Smyrna
We cannot say how much you might be able to collect in monetary damages for your truck accident injury case in Smyrna before we speak with you first. Every injury case is different.
However, the ABA says that, depending on the facts of your situation, you might be able to collect these and other damages:
- Medical bills
- Lost wages
- Lowered earning capacity
- Pain and suffering
- Property damage
- Emotional trauma
The Cochran Firm – Nashville, helps people who get hurt because of the carelessness of others. A Smyrna truck accident lawyer may be able to pursue the compensation you deserve so that you can rebuild your life. You can call us today at (615) 651-7451 for a free consultation.