Gallatin Truck Accident Lawyers

When she’s not engaged in her legal practice, Flora is out in the community, helping in the schools, charities, and fundraising events. Flora and mascot Poppy enjoy being part of the community and met many wonderful people in Gallatin at the Christmas parade. She was recognized as Attorney for Justice by the Tennessee Supreme Court for her pro bono services, as well as the Melvin Jones Fellow Award for her dedicated humanitarian services through Lion’s Club International.

What Causes Semi-Truck Accidents?

A number of factors can cause truck accidents. Some of the most common include:

• Speeding,
• Driver fatigue,
• Violating traffic laws,
• Distracted or impaired driving,
• Faulty equipment,
• Dangerous road conditions, and
• Improper loading of cargo.

Identifying the cause of your accident can help us determine who might be responsible for your damages.

What Laws Protect Drivers from Accidents Involving Large Trucks?

Truck drivers must obey the same traffic laws as any other driver on the road. But Tennessee and the federal government also impose additional requirements to protect the public from the potentially devastating consequences of semi-truck accidents.

Licensing Requirements

Tennessee requires all commercial truck drivers to have a commercial driver license (CDL). To maintain a CDL, the driver must periodically obtain a medical certification that they are fit to drive.

Inspection Requirements

Large trucks must undergo regular safety inspections and maintenance. The Federal Motor Carrier Safety Administration (FMCSA) requires truck drivers to fill out a driver vehicle inspection report (DVIR) every day for each vehicle they operate. The DVIR must examine important parts and equipment such as:

• Breaks,
• Coupling devices,
• Rearview mirrors,
• Tires and wheels,
• Steering equipment,
• Windshield wipers,
• Lights and reflectors, and
• Emergency equipment.

The DVIR requirement encourages drivers to discover any safety issues long before they become a problem. Failure to complete these reports or repair defects noted in the report can support a claim for liability against the driver or trucking company.

Driver Hours

The FMCSA sets service hour limits for commercial truck drivers. Commercial truck drivers:

• Cannot be on duty for more than 14 consecutive hours;
• Cannot drive for more than 11 hours in a 14-hour period;
• Must take 10 hours off before driving;
• Have to take at least a 30-minute break every 8 hours;
• Cannot drive for more than 60 hours over a seven-day period; and
• Cannot drive for more than 70 hours over an eight-day period.

These rules protect others on the road by preventing driver fatigue, a major culprit of truck-related accidents.

Record Requirements

The FMCSA requires those who employ truck drivers to keep six months of records showing:

• When drivers reported for duty;
• How many hours drivers worked each day; and
• When the driver was released each day.

These logs provide accountability for employers in complying with federal hour requirements. They can also be a valuable piece of evidence in your truck accident case.

Drug and Alcohol Testing

The FMCSA requires drug and alcohol testing of commercial truck drivers in several different circumstances, including:

• Prior to employment;
• Following an accident;
• Randomly;
• If they appear to be under the influence; and
• Before returning to duty following a positive test, refusal to test, or other violation of testing regulations.

If you were injured by an impaired truck driver, an employer’s failure to comply with these testing requirements could strengthen your claim for compensation.

Who Is Responsible for My Tennessee Semi-Truck Accident?

One of the reasons that truck accident cases are more complicated than other types of vehicle accidents is the likelihood that more than one person or entity might be responsible for your accident. Your Gallatin truck accident lawyer can help you identify the at-fault parties and available insurance coverage to maximize your compensation.

Truck Driver

The truck driver might be legally responsible for your accident if they caused it through their negligence. The driver may have violated traffic rules, fallen asleep at the wheel, or even been intoxicated.

Trucking Company

The trucking company that employs the driver often bears responsibility for the driver’s actions. Moreover, the trucking company itself may have been directly responsible. For example, they may have failed to repair equipment identified as faulty.

Or they may have required drivers to drive more hours than permitted by law. Sometimes, trucking companies even doctor their logs to hide the fact that they are overworking their drivers. An experienced Gallatin truck accident attorney can help you get to the bottom of the trucking company’s responsibility.

Cargo Loaders

If cargo falling from a truck caused your accident, you might have a claim against those who loaded the cargo. This may be the trucking company, or it may be another company or individual. Your attorney can help you identify all those who played a part in deficiently loading the truck.

Mechanic

Suppose the trucking company or truck owner hired a mechanic to conduct repairs. If the mechanic failed to perform the agreed-upon repairs or negligently completed the repairs, they may share responsibility for your accident.

Truck Owner

Often the truck owner and the trucking company are one and the same. But if the trucking company does not own the truck, then the owner may bear responsibility for the accident. The most likely basis for owner liability is a failure to inspect, maintain, and repair the truck adequately.

Part Manufacturer

Large trucks are made up of many complex parts. However, sometimes these parts are designed or manufactured defectively. When this occurs and a part malfunctions, it can lead to serious injury. If you can prove that a faulty part caused your accident, the part manufacturer may be responsible.

How Do I Prove Fault Following a Truck Accident in Gallatin, Tennessee?

To obtain compensation for your truck accident injury, you must prove that someone else’s negligence caused your accident. This involves proof of four elements:

• Duty,
• Breach,
• Causation, and
• Damages.

Truck drivers, their employers, and all others involved in ensuring the truck is safe to drive owe a duty to others on the road. This duty requires them to use reasonable care in driving, managing, loading, repairing, or conducting other safety activities related to the truck. If they breach this duty and their breach causes an accident, they can be held responsible for any resulting damages.

To obtain compensation, you must prove the amount of your damages in the form of bills, medical records, expert testimony, and other evidence.

What Compensation Can I Receive Following a Truck Accident in Gallatin?

If you suffer injury in a truck accident, there are three types of damages you could potentially recover: economic, noneconomic, and punitive.

Economic Damages

Economic damages are the financial losses you suffer as a result of your accident. They may include things like:

• Past and future lost wages,
• Medical bills,
• Rehabilitation costs, and
• Property damage.

Economic damages are the easiest to calculate.

Noneconomic Damages

Noneconomic damages are a bit harder to calculate than economic damages because they are based on intangible losses like:

• Pain and suffering,
• Lost enjoyment of life,
• Disfigurement or disability, and
• Loss of consortium.

Noneconomic damages consider how the accident has negatively impacted your life beyond financial costs. They may be established through medical records, expert testimony, and your own testimony.

The amount of noneconomic damages recoverable can vary drastically from case-to-case. Your attorney can help evaluate your circumstances and determine what a reasonable settlement for your noneconomic damages might be. In most cases, Tennessee caps noneconomic damages at $750,000, but the cap may be increased to $1,000,000 in limited circumstances.

Punitive Damages

Punitive damages are not awarded in most cases. However, they are available when the defendant acted maliciously, intentionally, fraudulently, or recklessly. For example, if a trucking company neglected important repairs on a truck that it knew were likely to result in an accident, punitive damages might be appropriate.

Tennessee caps punitive damages at two times the total amount of compensatory damages (economic and noneconomic damages combined) or $500,000, whichever is greater.

What Do I Do If I Lost a Loved One in a Large Truck Accident?

Tragically, semi-truck accidents sometimes kill innocent victims. If you lost a close loved one in a Tennessee truck accident, you may be able to pursue a wrongful death claim.

Although such a claim won’t bring back your loved one, it can hold the wrongdoer accountable for their careless or even malicious actions. Additionally, it can provide you with much-needed financial support as you struggle to pick up the pieces following your loved one’s death.

Your Gallatin truck accident lawyer can determine whether you are eligible to pursue a wrongful death claim and help you understand your options.

Why Do I Need a Gallatin Truck Accident Lawyer?

As you can see, there are numerous thorny legal issues that can arise from truck accidents. That’s why it’s so important to have a Gallatin truck accident lawyer help you with your claim.

Gallatin truck accident attorneys can:

• Assess the merits of your claim;
• Identify at-fault parties;
• Calculate your damages;
• Help you gather evidence essential to your claim;
• Negotiate with insurance companies;
• File a lawsuit and legal documents on your behalf;
• Connect you with medical professionals and expert witnesses;
• Conduct discovery; and
• Represent you at trial (if necessary).

Following an accident with a semi-truck, you have enough to cope with. Let us handle your legal claim while you focus on healing.

How Can Flora Templeton Stuart Accident Injury Lawyers Help Me?

Flora Templeton Stuart Accident Injury Lawyers has been helping accident victims for 45 years. We care about the people in our community and strive to provide personal and compassionate service to every client. We will even travel to you if you can’t make it to our office.

We have recovered millions of dollars in compensation for accident victims just like you. And best of all, we don’t get paid unless we win your case. So call us today or contact us online to set up a free consultation to learn how we can help with your Gallatin truck accident case.

Read Real Reviews from Our Semi Truck Accident Clients

If you’ve been injured, contact us now. Call Flora Templeton Stuart at  (888) 782-9090  or contact us online today.