Tennessee Truck Accident Lawyer

In 2019, the Centers for Disease Control (CDC) reported that large truck accidents increased a whopping 35% from 2009. With this jump in accident numbers in only a decade, severe injuries increased, too. As a result of the size, weight, and shape of commercial trucks, when accidents happen, the results can be disastrous. Every year, more people sustain life-changing injuries that bring huge, compounding medical bills, long roads to recovery, and devastating psychological and emotional impacts. On this page, our Tennessee truck accident lawyers are outlining what victims and their families should know about semi-truck accident claims in order to get the compensation they need to heal and recover.

If you or a loved one has been hurt in an accident involving a large truck, don’t delay. Contact our lawyers at Ford, Nichols, and Frye Law Firm today to learn more about your legal options. You can set up a free consultation by calling us at 865-458-4301 or filling out the contact form on this page.

Table of Contents

• Who is responsible in a big truck accident?
• Average payout for Semi-Truck accident 
• Truck Accident FAQ
• Contact Us

Determining liability in semi-truck accident cases can prove to be a challenge. This is because multiple parties are responsible for ensuring the safety of truck operations, and multiple parties may be determined to have been at fault in an accident case. Some potentially liable parties in trucking accidents include:

1. The truck driver
2. The trucking company
3. The owner of the truck (sometimes the owner is an entirely different party than the driver and the truck company)
4. The employer of the truck driver
5. The truck leasing company
6. The shipment company
7. The truck designer or manufacturer
8. The trailer designer or manufacturer
9. Mechanics that have worked on the truck or trailer
10. Truck parts manufacturers
11. The party requesting the shipment

Pinpointing where liability falls requires thorough investigation and an experienced semi-truck accident lawyer. Let’s discuss some plausible scenarios when it comes to truck accident liability.

When Driver Negligence Causes an Accident

A commonly negligent party in these types of claims is the truck operator. As the frontline player when it comes to ensuring safety, a lot of responsibility hangs on the driver to act in a reasonably safe manner. The Federal Motor Carrier Safety Administration (FMCSA) recognizes three of the most common semi-truck accident causes:

1. The truck operator drives out of his or her travel lane or off the road
2. The driver loses control due to a variety of factors, such as poor environmental conditions, shifting cargo, or bad weather
3. The truck collides with the rear end of a vehicle in the same lane

The FMCSA provides extensive guidelines to ensure drivers operate trucks safely. 49 CFR 392.9. In fact, most of the provisions in 49 CFR 392.9 explicitly refer to operator responsibilities. When drivers have violated these regulations, they are subject to liability in the accident that the violation(s) caused. 

The Truck Company May Be Liable

Even if the trucker is found liable, they may share this responsibility with other parties. One such party is the trucking company. Proving company liability may be challenging, as some drivers are independent contractors. In fact, trucking companies are often quick to claim at-fault operators are not employees of the company. To prove fault, having an experienced attorney on your side is a must. A thorough investigation and analysis of the driver and company working relationship will ensue to understand the extent of employer liability. Sometimes even seemingly “independent contractors” turn out to be employees. Truck companies may be found at fault in an accident for various reasons: poor hiring or training practices, pressuring operators to work around FMCSA driving-time regulations in order to meet specific quotas (HOS breaches), poor shipment-loading practices, and more.    

Calculating the average payout for semi-truck accidents in Tennessee is difficult because clients can retain settlements two different ways – out-of-court or as a result of a trial. When trucking lawsuits go to trial, the payout is, generally, public knowledge. However, often, claims are settled before a trial. In these cases, settlements are typically not a matter of public record. 

Further, every case has a different set of facts, which makes it even more difficult to generalize the average settlement for 18-wheeler accidents. To get a closer estimate of what your specific settlement should be, you should consult a knowledgeable truck accident lawyer. Your lawyer will sit down with you to get an understanding of the losses you’ve incurred due to the accident, as well as other factors that may affect your case, such as how much fault you may have contributed to the accident, the extent of your injuries, etc. 

If you’ve been injured due to someone else’s negligence or wrongdoing, you’re entitled to compensation that will get you closer to the state you were in before the accident. As such, your compensable losses may include both financial and non-financial losses (damages). Here are some examples of both types of damages: 

Potential Financial Damages:

• Current and future medical bills
• Lost income
• Loss of earning capacity
• Property repair costs
• Loss of earning capacity
• Rehabilitation expenses
• Prescription costs
• Physical therapy expenses
• More

Potential Non-Financial Damages:

• Severe pain
• Pain and suffering
• Emotional trauma
• Depression and anxiety
• Post-traumatic stress disorder (PTSD)
• Loss of enjoyment of life
• Loss of companionship
• Severe physical pain
• Loss of consortium
• Wrongful death
• More

Note that these are not comprehensive lists of potential damages in a trucking accident, and you should work with your lawyer to determine which damages apply to your claim. 

A commonly negligent party in these types of claims is the truck operator. As the frontline player when it comes to ensuring safety, a lot of responsibility hangs on the driver to act in a reasonably safe manner. The Federal Motor Carrier Safety Administration (FMCSA) recognizes three of the most common semi-truck accident causes:

1. The truck operator drives out of his or her travel lane or off the road
2. The driver loses control due to a variety of factors, such as poor environmental conditions, shifting cargo, or bad weather
3. The truck collides with the rear end of a vehicle in the same lane

The FMCSA provides extensive guidelines to ensure drivers operate trucks safely. 49 CFR 392.9. In fact, most of the provisions in 49 CFR 392.9 explicitly refer to operator responsibilities. When drivers have violated these regulations, they are subject to liability in the accident that the violation(s) caused.

The aftermath of a truck accident can be devastating, complex, and overwhelming. In this section, we’ll outline some frequently asked questions to help you better prepare for your free legal consultation with our lawyers.

It’s important to consult a truck accident lawyer in Tennessee if you’ve been hurt. At Ford, Nichols, and Frye Law Firm, we offer clients free, no-obligation initial case reviews. We’ll take a look at your case and advise you of the best next steps so that you can make an informed decision. Hiring a lawyer to go up against truck companies is advised – typically, these companies have teams of lawyers and insurance adjusters to ensure you are not treated fairly. The goal of most truck companies and their insurance adjusters is to pay you as little as possible. Having a lawyer on your side protects you from these types of tactics. When you work with Ford, Nichols, and Frye Law Firm, you have a team of dedicated legal experts on your side to fight for your right to recover. To schedule your free consultation, call 865-458-4301 or fill out the convenient and confidential contact form on this page. Know that you’re not in this alone. We’re here for you and your family.

We’re located at
501 Mulberry Street
Loudon, TN 37774

We serve Loudon, Knoxville, Sevierville, Lenoir City, Maryville, Alcoa, Blaine, Farragut, Oak Ridge, Rutledge, Clinton, Bean Station, and Maynardville.