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  • Writer's pictureRobert Schuerger II

What Is the Truck Accident Statute of Limitations in TN? Everything to Know

Every jurisdiction has its own statute of limitations, which establishes the specific deadline for filing a personal injury claim.


The Tennessee personal injury statute of limitations starts one year from the date of the incident to file a lawsuit. Claims are important to seek compensation for the victim's medical treatment, medical expenses, pain and suffering, and lost wages.


Personal injury victims don't have long to file a complaint against truck drivers. In fact, most people miss the deadline or don't know the full extent of their injuries as the time frame closes.


It's wise to consult with personal injury attorneys after being in a truck accident. There's only one year to file that lawsuit, so time is of the essence. Schuerger Shunnarah Trial Attorneys will go to war for Nash, ensuring the injured party receives the maximum compensation allowed by Tennessee law. They also have more insight on the slip and fall statute of limitations in TN.


Types of Personal Injuries That Use the Statute of Limitations in TN

Types of Personal Injuries That Use the Statute of Limitations in TN


There are many types of personal injury cases using the TN statute of limitations. These include:


  • Medical malpractice cases

  • Boating accidents

  • Wrongful death cases

  • Cases involving truck/car accidents

  • Pedestrian accidents

  • Workplace accidents

  • Slip-and-fall accidents

  • Train accidents


Why Hire a Truck or Car Accident Attorney


It's crucial to work with reputable Tennessee personal injury lawyers after a truck accident. Quickly obtaining an attorney will offer many benefits. For example, they will gather evidence sooner and take legal action against the liable parties.


Commercial carriers and truck drivers must adhere to appropriate business policies to reduce liability after a collision. In some cases, they will erase evidence or throw it out.


When starting a personal injury lawsuit, there are certain things a victim must do, such as:


  • Document the injuries sustained through medical records.

  • Send a spoliation letter to the driver and commercial carriers, requiring them to protect various types of evidence, including maintenance records and truck driver logs.

  • Understand the statute of limitations and how it applies to the case.


The best truck accident lawyers in Nashville can help victims deal with all the nuances of the law.

Exceptions to Tennessee's Statute of Limitations for Personal Injury Claims


For all personal injury cases, including truck accidents, a person has a one-year statute of limitations from the incident date to file a lawsuit against the responsible party. Under certain circumstances, there could be an extension of the filing deadline. Here are a few exceptions to consider:


  • If the victim was under 18 when the incident occurred, they may have more time to file a claim. Under Tennessee law, minors often have until they turn 19.

  • Wrongful deaths also have an exception. If the car accident caused someone's death, the statute of limitations starts when the person dies instead of when the incident occurred. Similarly, if the person was hurt and then died later, loved ones have one year from the time of death to file.

  • There could also be an extension for pending criminal charges against the liable party. If criminal proceedings are pending against the at-fault driver, the statute of limitations could be extended for personal injury cases. Usually, the victim will have one to two more years to file a claim. This often happens when the driver responsible was intoxicated and received a DUI.


Who Is the Liable Party for a Truck Accident?


Trucking accidents can have multiple responsible parties. Typically, these personal injury claims require an aggressive investigation because of this.


There could be four potential at-fault parties:


Trucking Company

The corporation could be held responsible for the accident in various ways. Who is liable for the incident depends on the contracts and terms between the manufacturer, shipper, driver, and company.


Truck Driver

Drivers make mistakes, but it's not necessarily their fault. Sometimes, the employer (trucking firm) should be held accountable for an employee's act that led to the victim's personal injury.


Shipper/Distributor

Shippers often transport goods with their own trucks. In some situations, they hire a trucking company but load their cargo. The statute of limitations in TN also applies to the shipper as the liable party.


Manufacturer

Usually, trucks feature components from multiple suppliers. Therefore, the manufacturer might be held accountable if a defective brake system, cargo restraint, bearing, or another item caused the incident. The statute of limitations can be applied to the producer of the parts.


Truck Accident Statistics for Tennessee

Truck Accident Statistics for Tennessee


Tennessee is considered a crossing state for truck shipments. Therefore, it sees a higher rate of accidents within the state. Likewise, it requires sharp turns around the mountains and features narrower roads, making it harder for drivers to maneuver.


From January to March of 2024, there were a total of 2,187 large truck crashes, according to the Tennessee Department of Safety. The primary cause of these incidents is lane departure, though improperly following another vehicle was a close second. Most of the accidents occurred at intersections (416) and on interstates (243).


While truck drivers likely do what they can to follow the rules, there are many entities involved. It's immediately apparent that accidents are prevalent in Tennessee.


Understanding the truck accident statute of limitations in TN is essential. Victims must start working on their claims immediately, and it's wise to hire a lawyer to assist. They can also assist with the motorcycle accident statute of limitations in TN.


What If the Statute of Limitations Expires?


The statute of limitations is a legal deadline. If the victim misses it, the liable party will generally file motions to dismiss the claim. Judges often approve these. With a dismissal on the books, it's much harder to recover compensation for losses.


Contact Schuerger Shunnarah Trial Attorneys Today


Truck accidents in Tennessee are highly complex. Taking legal action is essential if one wishes to recover fair compensation, but the state doesn't offer much time to do this.


With a one-year statute of limitations for a personal injury case, victims must work quickly to secure evidence and file a claim.


Schuerger Shunnarah Trial Attorneys is here to help with all types of personal injuries, including those from:


  • Medical malpractice

  • Car accidents

  • Bicycle accidents

  • Truck accidents

  • Workplace accidents

  • Slip-and-fall accidents

  • Many more


Choose a lawyer who goes to war for Nash. Request a free consultation today or fill out the online contact form. Schuerger Shunnarah Trial Attorneys could help victims recover the compensation they deserve.

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