Commercial 18-wheelers and tractor trailers take up more space on roads and carry more heavier cargo than any commuter car. Because of this, these huge vehicles are especially dangerous if operated irresponsibly. If you were in a collision with a semi-truck, you may know how all-encompassing the damages associated with an incident like this can be.
A knowledgeable personal injury attorney’s guidance could make a difference in how a case like this plays out and whether it ends in your favor. Once retained, a dedicated Memphis truck accident lawyer could help present evidence for your accident. They could also assist with demanding appropriate compensation for all of your recoverable damages.
Just like any other driver, commercial truckers have an implicit duty under state law to act reasonably, safely, and within legal guidelines at all times while behind the wheel. Fortunately, most truckers fulfill this responsibility without any issue. Unfortunately, some truckers do not, causing thousands of injuries and millions of dollars in losses every year.
If a trucker commits a traffic violation, fails to pay attention, or loses focus, they could bear liability for any accident that occurs as a result. Since individual truckers rarely have the financial resources to cover the losses from a wreck, it is often better for someone to file suit against a negligent trucker’s employer instead. The respondeat superior doctrine allows a plaintiff to hold a company financially accountable for their employee’s negligence.
Alternatively, fault for a rig accident may not lie with the driver directly involved, but instead with a third party who was not at the scene of the incident. For example, if a mechanic failed to identify and replace faulty brakes, or if a supplier did not secure cargo in an 18-wheeler’s trailer prior to transit, they could be held liable. A knowledgeable Memphis truck wreck attorney could provide crucial guidance about who might be at fault for an incident and what evidence is necessary to establish liability for ensuing losses.
Even though commercial rigs can cause more damage to commuter vehicles during collisions, plaintiffs can be found partially to blame for their injuries based on their own negligence. In this kind of scenario, Tennessee legal precedent allows courts to proportionately reduce a plaintiff’s compensation based on their degree of total fault. They could even bar them from recovery completely if their percentage of fault exceeds 50 percent.
Furthermore, Tennessee Code §29-39-102 caps recovery for non-economic damages, like pain and suffering, at $750,000 total for most personal injury claims. In incidents that result in some form of catastrophic injury, the cap is $1 million. An 18-wheeler crash attorney in Memphis could explain these and other applicable regulations in more detail during an initial consultation.
After a serious trucking collision, figuring out your legal options and what next move would best serve your interests can understandably feel challenging. Fortunately, help is available from dedicated legal representatives who have experience in complicated situations like this.
A Memphis truck accident lawyer could help you understand what you can do to preserve your rights and seek fair financial recovery. Learn more by calling our office today.