Due to a truck’s massive size and weight, the injuries that result from a collision with one of these vehicles may be significantly more severe than those in a typical car accident. In addition, many different parties may be at fault for these crashes. At Martin Heller Potempa & Sheppard, PLLC, our motor vehicle accident attorneys can assert the rights of Nashville residents and others who have been injured in a collision involving a truck. We understand that a victim’s first priority should be healing, so we make sure that they can concentrate on that process while we aggressively pursue compensation on their behalf.Holding a Truck Driver or Company Liable for Damages
The trucking industry is governed by both federal and state regulations. The Federal Motor Carrier Safety Regulations (FMCSR) apply to all commercial vehicles that engage in interstate commerce, setting requirements for drivers and their employers that include hours of service limits, alcohol and drug testing guidelines, and rules on hiring practices, inspections of vehicles, weight limits, and maintenance. If a violation of the FMCSR plays a role in causing an accident, victims can potentially recover punitive as well as compensatory damages.
There may be many individuals, companies, and other parties that are involved in a truck accident. Victims injured in a collision may be able to pursue legal action through a negligence claim against a driver, his or her employer, a truck’s owner, or those involved in truck leasing. For a plaintiff to prevail in this type of lawsuit, he or she must establish that the defendant owed him or her a duty of care to act as a reasonable and prudent person would have acted under similar circumstances. Also, the plaintiff must prove that this duty was breached by the defendant’s actions, and the breach caused the victim’s injuries and the resulting damages. For example, a trucker who is exhausted, intoxicated, or distracted behind the wheel likely will be found to have acted negligently, breaching his or her duty of care to others on the road.
Because of the potential liability of multiple parties, the process of gathering and preserving evidence can become complicated. During the investigation of truck accident cases, there is a meaningful possibility that evidence may be subject to spoliation. This happens when important evidence is intentionally lost, altered, or destroyed in an attempt to obstruct a lawsuit. The practice of spoliation, if shown, may lead to the imposition of various sanctions by the court handling the case against the party engaging in it.
It is important to consult an attorney as soon as possible after you have been hurt in a truck accident. This is because Tennessee has a strict statute of limitations within which victims or their families can bring personal injury claims. Failing to take legal action within the required time period usually will result in the claim being barred.Enlist a Nashville Attorney to Seek Compensation for Your Injuries
After a devastating truck accident in the Nashville area, you can consult the injury lawyers at Martin Heller Potempa & Sheppard, PLLC, for assistance in pursuing the compensation to which you may be entitled from those who are responsible. Our firm also offers knowledgeable representation to victims throughout Davidson and Williamson Counties, including in Franklin, Hermitage, Cool Springs, and Bellevue. To schedule a free consultation, contact us online or call us at 615-800-7096.