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  • Writer's pictureRobert Schuerger II

Know How to File a Lawsuit for: Truck Accident in TN

There is no doubt that a collection of personal injury types exists that can be very problematic for those affected. However, truck accident victims are often dealt some of the worst hands of the lot.


Since trucks are so large and will often be carrying heavy cargo, the ceiling for how terrible injuries can be is very high. Realistically, many victims will simply not survive, which means that any truck accident claim being filed is done by surviving loved ones and will be a wrongful death suit.


Additionally, truck accident cases are not as straightforward as car accident cases when liability is to be established. All the necessary insights are below, which will help to clear up the different elements to remain aware of, as well as what the claim process may look like.



Common Causes of Tennessee Truck Accidents


Common Causes of Tennessee Truck Accidents


Why might there be a trucking accident? In most cases, there will be some form of negligence at play, and the mystery will often be establishing who exactly was careless, as it is not always the driver. Here are some of the most common reasons these crashes happen in Tennessee:


  • A truck driver is not paying attention to other vehicles

  • Mechanical failures

  • Traffic signal failures

  • Poorly designed roads

  • A trucking company does not have a proper training program established for its drivers


Note that this is just the tip of the iceberg. There are many more reasons not covered here that large truck accidents will happen in the state.


Why Are Crash Victims in Tennessee Advised to Hire Truck Accident Lawyers?


No one is legally required to have an attorney represent them. However, victims are encouraged to do so if they want to get the most out of the claim filing process. An attorney can also explain how to file a lawsuit for motorcycle accident in TN. An insurance company is supposed to take responsibility and ensure that those hurt by its drivers are compensated. What people often find though is that the real business model is trying as hard as possible to avoid paying anything.


A well-versed truck accident attorney knows all the tricks that these companies may try, which means that the victim being represented is well-protected from certain pitfalls. Additionally, there is a certain level of understanding of the legal process that cannot be overstated.


There Is a Short Statute of Limitations


Tennessee law is not as accommodating to those who want to wait a long time to file a truck accident lawsuit as other state laws may be. It is very common to have a two-year statute of limitations, but TN only allows one year.


Imagine suffering financially because a semi-truck accident turned life upside down, only to find out that no compensation can be awarded because the claim filing deadline has passed. Negligent truck drivers, freight companies, and even governments should not be allowed to get away with hurting others.


Who Is Liable for Truck Accidents?


The potential answer to this question is highly subjective, and some of the possibilities were alluded to above. Having an experienced truck accident lawyer is crucial here in establishing the defendant(s). They can also assist with how to file a lawsuit for car accident in TN. After all, who will pay the victim's medical bills and other costs from the accident if not?


Unlike a passenger vehicle in which the driver will usually be responsible for a crash once there is negligence, the following parties could be liable in trucking accidents:


  1. Truck driver

  2. Trucking company

  3. Truck or component manufacturer

  4. Maintenance contractors

  5. Shippers/distributors

  6. The government


Note that depending on the circumstances, there may be a combination of responsible parties.


Getting an Injury Claim Approved


Evidence Gathering

Getting compensation after a Tennessee truck accident will heavily depend on the extent of the evidence available to support the claim that the victim is making. Some of the best forms of evidence are video surveillance, pictures, and witness testimonies.


A seasoned attorney can also assist in obtaining truck driver logs, which will often contain useful insights about the commercial vehicle operator's habits and travel insights.


Demand Package

Nashville semi truck accident attorneys will usually work with their victims to have proper documentation of damages prepared that can then be submitted to the applicable insurance company. Some of the typical inclusions are medical bills for the treatment associated with injuries from the accident or pay slips that can help to ascertain lost wages from not being at work.


The lawyer will ensure that the information is well organized in what is known as a demand package. It will include the circumstances of the accident, the damage documentation, and what amount is being asked for as a settlement. Additionally, there will be an expected response deadline communicated to the insurance company and the consequences for non-compliance.


Negotiations

A negotiation process will follow that will see the victim's attorney and the other party try to agree on a fair settlement. Typically, this will start with the insurance adjuster sending a low offer, which is less than half of what the claim is actually worth.



Transitioning to a Lawsuit


Transitioning to a Lawsuit


The negotiation element alluded to above, while commonly fruitful, will not always end with an agreement. When it doesn't, the next step is to take the matter to trial, which will include the following phases:


  1. Complaint and summons - Serving a notice to the defendant of the lawsuit and court date.

  2. Answer - The defendant's response, which must come within 30 days based on Tennessee law.

  3. Discovery - Both parties share information with each other, which will usually be based on requests made.

  4. Final pre-trial conference - A final meeting between the two sides before the trial, which represents the last chance for a settlement to be agreed upon before the proceedings begin.

  5. Trial - The actual case proceedings where witnesses are called, evidence is presented, and a judge or jury will make the final decision, based on the kind of trial.


Schedule a Free Consultation with an Experienced Truck Accident Attorney in TN Today!


Accidents involving commercial trucks are not easy to navigate by any stretch of the imagination, especially considering the different elements alluded to above. That's why you need the kind of Tennessee truck accident lawyer who is willing to go to war for you in your corner.


Schedule a free consultation today with the expert legal team at Schuerger Shunnarah Trial Attorneys!

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