Whether you decide to take on your lawsuit on your own, or use one of the attorneys mentioned above, there are a number of laws and regulations you should be aware of regarding truck accidents. Keep in mind that when we use the term “truck” were are not referring to your standard pick-up truck, but to commercial trucking vehicles such as:
- 18-Wheelers
- Tractor trailers
- Big rigs
- Box trucks
- Semi trucks
See below for a quick guide to truck accident lawsuits in the Volunteer State. If you have any questions, we highly recommend reaching out to one of the attorneys listed above.
Tennessee Statute of Limitations
To ensure individuals cannot threaten with a lawsuit indefinitely and to make sure evidence in a case does not lose integrity (e.g. memories of an accident), each state has a statute of limitations. This law sets out how long someone has to file a lawsuit against another party and varies depending on the type of claim. If a lawsuit is not brought forward within this time limit, it is likely to be thrown out.
For truck accidents in Tennessee, the statute of limitations is one year from the time of the accident. It applies to all civil cases involving personal injury or wrongful death, without bias.
Tennessee Laws for Truck Drivers
Because truck drivers often drive interstate, they are governed by both federal and state laws. While we cannot present a list of all the regulations you should be aware of, here are some of the most common.
- Hours of operation. Truck drivers are limited to how long they can operate their vehicle. For one, a driver cannot operate their truck more than 11 hours in a 24-hour period following their mandatory 10-hour break. Truck drivers are not allowed to drive more than 60 hours per week and must keep a detailed log book showing a breakdown of their hours.
- Language requirements. In Tennessee, commercial truck drivers must speak, comprehend and be able to converse in English. They also must understand English traffic signs and create and read trucking reports in English.
- Licensing. All truck drivers must have a commercial lrivers’ License (CDL) which proves they can operate their commercial vehicle to industry standards. To acquire this license, drivers must pass a series of tests. In addition, drivers must also receive certification to operate certain types of commercial trucks like straight trucks, tractor-trailers and tankers.
Identifying Fault for a Truck Crash
When it comes to determining fault, Tennessee is a modified comparative negligence state. This means that a plaintiff’s damages are reduced by their own percentage of fault. But if the plaintiff was more than 50% responsible for the accident, they are not able to claim any damages at all.
For example if you slowed down on a highway due to wildlife crossing and a semi-truck rear-ended your vehicle after you brake. After assessing the incident, it was found that the brake lights in your vehicle were not functioning, and the truck driver was distracted by his cell phone. Because of these factors, you are found 20% responsible for the accident and the driver 80%. If you claimed $5,000 in damages, you would only be able to be compensated for $4,000.
How Can an Attorney Help You?
While you technically do not require an attorney to file a truck accident lawsuit in Nashville, having one on your side is invaluable for many reasons.
Even if you have not been injured in the crash, you still need to work through piles of paperwork and potentially find a new vehicle. That’s a lot to handle, not counting starting a lawsuit. An experienced attorney is able to handle all correspondence between parties, including with the driver’s insurance company.
Because many truck drivers are employed by large corporations with insurance companies to back them up in the case of an incident, trying to negotiate a fair settlement is easy.They might even offer a low-ball settlement that is not enough to cover your expenses.
A truck accident attorney is able to confidently argue on your behalf and have a team of industry professionals to back them up. They will look at various pieces of evidence such as police reports, accident reconstructions and black boxes, to accurately determine fault and negotiate with the insurance company to obtain a fair settlement. If necessary, the best lawyers won’t bat an eye if your case needs to go to trial.
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