The size and weight of 18 wheelers make these accidents more dangerous and deadly than other types of motor vehicle accidents. Weighing in at 25,000 to 80,000 pounds, semi-trucks can cause devastating accidents that cause horrible, life-changing injuries. On this page, our 18-wheeler accident lawyers have outlined some frequently asked questions when it comes to big truck wrecks and potential legal remedy.
If you’re searching the internet for “semi-truck accident lawyers near me,” schedule a free case review with us today by calling 865-458-4301 or filling out our convenient online contact form.
18 Wheeler and Large Truck Accident Statistics
In 2019, the Insurance Institute for Highway Safety (IIHS) reported that 4,119 people died in large truck accidents. Of those who died, 16% were truck passengers, 67% were occupants in passenger cars, and 15% were pedestrians, cyclists, or motorcyclists. Those numbers have risen steadily since 2009 – a decade later, in 2019, truck accident fatalities were 32% higher. Here’s what we know about the continuous rise of 18-wheeler accidents:
- Most semi-truck accidents happen during the day
- In 2019, only around 25% of fatal accidents involving large trucks happened on interstates; most fatal accidents occurred on non-interstate roadways
- About 500,000 truck-related accidents happen yearly in the United States
- Most truck accidents take place in rural areas
Common Causes of 18-Wheeler Accidents in Tennessee
Causes of truck accidents range from driver error to environmental factors, cargo-loading errors, and more. According to the Federal Motor Carrier Safety Administration (FMCSA), the most common semi-truck accidents are caused by:
- Trucks traveling into other lanes or off the road
- Loss of control due to a variety of factors, including shifting cargo, truck systems failure, speeding, or bad road conditions
- Rear-end collisions with vehicles in the same lane
When Driver Negligence Is the Cause
Driver negligence is a top reason these types of incidents happen. Some examples of driver negligence are speeding, not observing the rules of the road, distracted driving, drowsy driving, driving under the influence of drugs or alcohol, failure to maintain trucks or check cargo, and failure to follow other federal regulations.
Federal regulations are in place to ensure drivers take special precautions. Some of these regulations include limitations on driving hours and cargo inspection protocols.
When the Truck Company Is Liable
While driver negligence is among the most common reasons for semi-truck accidents, other parties may prove to be liable in trucking accident claims. One such party is the truck company. Proving trucking company negligence often takes the experience and skill of an 18-wheeler accident lawyer. Commonly, companies will try to claim the driver is an independent contractor to avoid liability. In these cases, the working relationship between the driver and the company should be carefully examined to determine potential liability. Some examples of liability falling on the trucking company may include:
- Poor truck maintenance
- Improper cargo-loading practices
- Hours of service (HOS) breach – A violation of FMCSA mandates dictating how many hours a driver can operate his truck
- Poor hiring practices
When the Shipping Company Is Liable
Another potentially liable party in semi-truck accidents is the shipping company. When the shipping company is found responsible in an accident claim, improperly loading the truck is often the reason. Federal law outlines clear requirements when it comes to the proper loading of truck cargo. These laws establish a non-delegable duty on all parties involved in loading truck shipments. 49 CFR 392.9(a).
“General. A driver may not operate a commercial motor vehicle and a motor carrier may not require or permit a driver to operate a commercial motor vehicle unless –
(1) The commercial motor vehicle’s cargo is properly distributed and adequately secured as specified in §§ 393.100 through 393.136 of this subchapter.
(2) The commercial motor vehicle’s tailgate, tailboard, doors, tarpaulins, spare tire and other equipment used in its operation, and the means of fastening the commercial motor vehicle’s cargo, are secured; and
(3) The commercial motor vehicle’s cargo or any other object does not obscure the driver’s view ahead or to the right or left sides (except for drivers of self-steer dollies), interfere with the free movement of his/her arms or legs, prevent his/her free and ready access to accessories required for emergencies, or prevent the free and ready exit of any person from the commercial motor vehicle’s cab or driver’s compartment.”
Some common loading errors include:
- Using the wrong size, strength, and amount of tie-downs
- Using old or damaged tie-downs
- Improper blocking and bracing
- Loading beyond legal weight limits
- Blocking the operator’s view with the cargo
- Uneven distribution of cargo
- Approving improper cargo loading upon inspection
Other Potentially Liable Parties
Operating a large commercial truck safely involves the cooperation and diligence of multiple parties. If one or more people are negligent in the process, devastating and preventable accidents happen. Other parties who may prove responsible in a large truck accident include:
- Mechanics
- Manufacturers of truck parts or trailer parts
- The owner of the truck if not the operator or trucking company
- The truck leasing company
- The party requesting the shipment
It’s important to thoroughly investigate the accident to ensure the right parties are held liable.
Common 18 Wheeler Accident Injuries
- Traumatic brain injuries (TBI)
- Whiplash
- Fractures and broken bones
- Severe burns
- Amputations
- Internal bleeding
- Back injuries, neck injuries, and spinal cord injuries
- Airbag injuries
- Scrapes, contusions, and cuts
18 Wheeler and Semi-Truck Accident FAQ
Victims of large truck accidents often have many questions. The process of seeking legal compensation to get your life back on track can be extremely complicated. In this section, we’ve outlined the most frequently asked questions we’ve heard from clients over the years.
Q: Who’s Liable for a Semi-Truck Accident?
A: Driver negligence is among the most common reasons for semi-truck accidents, but other parties may prove to be liable, depending on the facts of your case. Some potentially liable parties may include the truck operator, the trucking company, the leasing company, the shipping company, the truck manufacturer, etc (for more detail see above). Proving liability can be complex, and it’s advisable to have an experienced 18-wheeler accident lawyer on your side.
Q: What Damages Can I Be Compensated for After a Truck Accident?
A: Truck accident claims often have large amounts of damages, including a lot of property damage, large medical bills, and more. Personal injury cases are meant to make the plaintiff “whole” again. In other words, your injury claim can help you get closer to the state you were in prior to the accident. Therefore, you’re entitled to compensation for all losses incurred as a result of the negligence or wrongdoing that led to your injuries. Some examples of recoverable losses may include:
- Past and future medical expenses
- Medication costs
- Physical therapy bills
- Rehabilitation costs
- Home health care
- Loss of earning capacity and lost wages
- Emotional trauma
- Post-traumatic stress disorder (PTSD)
- Anxiety and depression
- Loss of companionship
- Loss of consortium
- Loss of enjoyment of life
Any costs related to your injuries may be recoverable. It’s important to speak with a lawyer about the losses that should be factored into your 18-wheeler accident settlement.
Q: What Is the Average Settlement for 18-Wheeler Accidents?
A: It’s difficult to calculate the average settlement for semi-truck accidents because unless a lawsuit goes to court, settlements may not be public knowledge. However, you are entitled to have all losses related to your injuries compensated by the liable party or parties. This includes both financial (car accident medical bills and property repair costs) and non-financial damages (emotional trauma and severe pain). Your lawyer will help you calculate the value of your personal injury case.
Q: What Should I Do After a Big Truck Accident?
A: In the state of Tennessee, drivers or vehicle owners are required to report accidents involving injury, death, or property damage exceeding $1,500. Accidents that meet these criteria should be reported to the Tennessee Department of Safety and Homeland Security within 20 days following the accident.
If you are involved in an accident, the actions you take afterward are important to your health, safety, and legal recovery. Follow this checklist:
- Ensure passengers and others involved are safe – In the seconds following an accident, safety should be the top priority. If necessary, call 911 immediately.
- If you can move the vehicle to safety, do so – Keeping a vehicle in the way of traffic may cause additional accidents. If you are able to move the vehicle safely to the side of the road away from traffic, you should do so.
- Don’t leave the accident scene – Never leave the scene of the accident. Call the authorities and wait for them to arrive. When the responding officer gets to the scene, be sure to speak with him or her. They’ll draft the official police report, which will provide important information about the accident to the insurance companies and others involved in your case.
- Collect any evidence you can – Use your best judgment to decide if you can gather evidence safely at the scene. If so, take photos and videos. Document any vehicle damage as well as damage to other objects, such as guardrails, trees, signs, etc. Capture marks on the road and ground, such as skid marks or indentions. The accident scene can fill in a lot of blanks in an investigation concerning the cause of the wreck, liability, and more.
- Obtain other driver information – Get all necessary information from the others involved, including names, contact information, insurance information, license plate details. If eyewitnesses to the accident are available, obtain their information, too.
- Don’t neglect getting examined by a medical professional – Even if you believe you are uninjured, it’s a good idea to get checked out. After accidents, adrenaline is on high, and it can mask serious, life-threatening symptoms. Seeing a doctor may well save your life. Additionally, getting examined by a doctor provides documentation that may be vital to your recovery later on.
- Contact a semi-truck accident lawyer in Tennessee – Trucking accidents often involve large companies with large legal teams and insurance companies. There may be multiple people trying to prove you were the one at fault in an effort to minimize your potential settlement. Proving these types of cases can be extremely difficult and complex.
Q: How Can Hiring an Accident Lawyer Help Me?
A: Contacting a knowledgeable 18-wheeler lawyer in Loudon, TN is advisable. From negotiation and communication with the insurance companies and opposing parties to calculating the value of your injury case, an attorney will not only make the process easier, he or she will also fight to get you the compensation you need and deserve to get the settlement you need to heal and recover properly. A lawyer can help your truck accident claim in the following ways:
- Help you navigate the complex legal landscape
- Deal with communications and negotiations on your behalf so you can focus on healing
- Gather and preserve the evidence needed to present and prove your claim
- Conduct investigations to identify all liable parties
- Protect you against common insurance adjuster tactics meant to diminish or decrease your settlement
- Place a value on your injury case to ensure you receive a fair and appropriate settlement
- Develop your legal strategy to show how your truck accident injury has impacted your life
- Give you important legal advice and guidance throughout your case
Contact Us
With over 60 years of combined experience, our trucking accident lawyers have given a voice to many clients who were up against huge companies attempting to provide them little to no compensation. We will do the same for you and fight tirelessly for your right to become whole again. To schedule a free initial consultation and case review, call Ford, Nichols, and Frye Law Firm at 865-458-4301. You may also fill out our online form below to request a consultation.
Serving Loudon, TN and the Surrounding Knoxville Metropolitan Area
We’re located at
501 Mulberry Street
Loudon, TN 37774
Serving the entire state of Tennessee.
Our offices are located in Loudon, TN at 501 Mulberry Street. We provide in-person, online, and phone consultations.
