Law Offices of Kyle Peiter, PLLC
N/aCopyright © 2020 Law Offices of Kyle Peiter, PLLC. All rights reserved.
While any vehicle collision can be severe, those involving large commercial trucks can be especially devastating. If you or a loved one suffered property damage, traumatic harm, or died after a collision with a truck, you should consider speaking with a well-practiced injury attorney.
Commercial truck drivers have a higher duty of care to other motorists and must abide by certain federal regulations in order to keep other people on the road safe from harm. A Murfreesboro truck accident lawyer could review your case to determine your eligibility for compensation and discuss what potential avenues the law provides to hold the responsible parties liable.
Tennessee is a main trucking hub for a lot of companies because it borders a lot of other states. There is a major highway that goes through Murfreesboro called the Interstate 24, which is a major roadway between Nashville, Chattanooga, and Atlanta. This roadway is frequently used by trucking companies to ferry goods back and forth.
Unfortunately, when truck drivers are inattentive, it could lead to catastrophic collisions, especially when they involve much smaller passenger vehicles. Whether truckers are texting while driving, eating or drinking, or distracted by others in the cab, if truckers fail to pay attention to others on the road it can cause a severe crash.
Another cause of wrecks involving commercial vehicles is truck drivers failing to follow the rules of the road. If a truck driver is speeding or operating beyond the maximum hours allowed by federal law, they could cause an accident. Furthermore, drivers who have been on the road for long periods of time could become fatigued, which can also pose the risk of serious collisions.
Additionally, inexperienced truck drivers or lack of training by the trucking company could also cause crashes. So, our truck drivers are relatively new. It’s a pretty high turnover rate. Because it’s a high paying job and doesn’t require very much schooling or very much technical skills as far as would you had to get a college or anything else like that. In these cases, the trucking company could be held partially responsible for any damages that result from an accident caused by a truck driver.
The injuries sustained by a car driver or passengers in trucking accidents are usually severe due to the substantial size difference between vehicles. Some common injuries local attorneys have seen from 18-wheeler wrecks include:
Since the damages resulting from tractor-trailer crashes are often devastating, the recoverable compensation can be significant. It is highly important to speak with a legal professional in Murfreesboro to begin building a strong case for legal recourse.
The Supreme Court of Tennessee, in McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992), established the modified comparative fault rule the state applies in cases of negligence. Under this rule, all parties involved in a civil suit, including the plaintiff, are allocated proportionate shares of liability. A plaintiff assigned no more than 49 percent of total liability for an accident may still recover damages under this rule after their share is deducted from the total.
Someone in Murfreesboro who suffered harm in a collision involving a negligent truck driver could speak with a local lawyer to assess whether the modified comparative fault rule would allow or prevent recovery in a legal claim. An injured claimant could be found partially liable for an 18-wheeler collision if they were speeding, failing to yield, or driving distracted.
Tennessee law states that everyone on the road has a duty to exercise care to avoid harming people around them. The standard of care to which an individual is held varies based on their status. Under ordinary circumstances, to avoid liability, a person must exercise the level of care an ordinary person would under similar circumstances. However, those charged with special obligations—such as doctors for their patients or innkeepers for their guests—must meet a heightened standard of care.
Common carriers, professionals who transport people and goods in exchange for established fees, must meet this elevated level of care. Someone who drives a commercial truck, or the company they work for, may qualify as a common carrier obligated to show special care for passengers and cargo they transport. Someone injured in an accident involving a truck carrying commercial cargo could speak with a Murfreesboro lawyer about whether this duty might apply to the driver.
If a truck driver’s negligent, reckless, or intentional conduct causes harm to someone else, they may face liability for compensatory damages including economic and non-economic losses that result from the accident. Under rare circumstances, these compensatory damages may be accompanied by exemplary, or punitive damages, such as if the truck driver was intoxicated at the time of the collision.
Commercial vehicle wrecks can result in substantial property damage, catastrophic injuries, or fatalities for which a harmed individual or their family could rightfully collect damages. If you struck by a negligent truck driver, speak with a Murfreesboro truck accident lawyer about filing a claim for damages. To schedule a free consultation with a trustworthy legal professional, call today.
Law Offices of Kyle Peiter, PLLC
N/aCopyright © 2020 Law Offices of Kyle Peiter, PLLC. All rights reserved.