Truck Accidents

Truck accidents in Tennessee often result in severe injuries or fatalities due to the significant weight of commercial vehicles, which can carry up to 80,000 pounds. According to Federal Motor Carrier Safety Administration (FMCSA) data, trucks are involved in about 5% of all accidents but account for 16% of fatalities. The state follows an at-fault system (T.C.A. § 55-8-101 et seq.), where liability is established against negligent parties—such as drivers, trucking companies, or loaders—through compliance with federal regulations (e.g., hours-of-service rules) and state laws. These cases frequently involve multiple defendants, complicating claims. Compensation is sought from policies with high limits (typically $750,000–$1 million or more) to cover medical expenses, lost income, and pain and suffering. Tennessee's modified comparative negligence rule (T.C.A. § 29-39-102) permits recovery reduced by your fault percentage but bars it if you are 50% or more at fault. Non-economic damages are capped at $750,000 as of 2025. The statute of limitations is one year (T.C.A. § 28-3-104), requiring prompt initiation of claims.
 

Immediate Steps After an Accident

1. Secure the Area and Obtain Medical Assistance: Turn on hazard lights, move to safety if feasible, and call 911 immediately. Truck accidents often involve delayed injuries like concussions, so prioritize comprehensive trauma evaluation.

2. Document the Incident: Take photographs of the truck's markings (e.g., DOT number, company logos), damage patterns, road conditions, and your injuries. Collect witness information and request the police report from the Tennessee Highway Patrol, which may reference potential FMCSA violations.

3. Report Cautiously: Notify your insurance company promptly, but refrain from detailed discussions with the trucking company's representatives to avoid statements that could be misinterpreted.

4. Track and Preserve Evidence: Maintain records of all expenses, including ambulance transport, towing (which can exceed $500 for trucks), and rehabilitation. Request access to the truck's event data recorder (black box) through legal channels.
    

Building and Pursuing a Claim
 

At The Evans Law Firm, our personal injury attorneys manage the complexities of truck accident cases, including investigations into multiple liable parties:
 

• Identifying Responsible Parties: We examine potential negligence by carriers (e.g., violations of the FMCSA's 11-hour driving limit) or issues like improper maintenance, pursuing claims under respondeat superior for employer liability.

• Utilizing Regulatory Evidence: We obtain electronic logging devices (E-logs), telematics data, and inspection records via subpoena to demonstrate violations. Accident reconstruction experts analyze crash dynamics to refute common defenses, such as claims of unseen vehicles.

• Assessing Full Damages: We compile documentation of lifelong expenses using vocational and economic experts (e.g., projections exceeding $1 million for permanent disability) and pursue punitive damages for egregious conduct, which are uncapped outside medical malpractice contexts (T.C.A. § 29-39-104).

• Addressing Insurance Challenges: We demand disclosure of stacked policy limits and explore underinsured motorist coverage if applicable. For unreasonable denials, we file bad-faith actions under T.C.A. § 56-7-105 to pursue additional recovery.

• Settlement and Litigation Approach: Over 75% of cases resolve through mediation. If litigation is necessary in circuit court, we present compelling evidence, including visualizations of the crash scene, and allocate fault based on data to comply with the 50% threshold.
   

If you or a loved one has been involved in a truck accident, contact The Evans Law Firm for a free case review.