Our Clarksville Injury Lawyers Explain Liability in Truck Accident Cases

Understanding Complicated Issues of Liability in Truck Accident Cases

Determining who is liable for a truck accident is critical to your injury claim. It is not always obvious who is to blame, which can create challenges for you and your loved ones. At Pete Olson Injury Law in Clarksville, our truck accident attorneys have decades of experience helping folks like you.

We want to discuss how to establish liability in a Tennessee truck accident case so that you are better prepared for what lies ahead. Remember: when you need help, it’s time to Get Pete!

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Who May Be Liable for a Truck Accident in Clarksville?

When the dust settles after a truck crash, determining who's responsible can be as intricate as untangling a web of steel cables. Multiple parties may share the blame, each playing a role in the chain of events that led to your injuries.

The Truck Driver

Behind the wheel sits the most visible potential defendant. Truck drivers may be held liable for actions such as:

• Distracted driving. A moment's inattention can lead to devastating consequences. Any distraction, from texting to adjusting the radio, can spell disaster on Clarksville's busy roads.
• Fatigued driving. Long hours and tight deadlines can push drivers beyond their limits. Drowsy driving is as dangerous as drunk driving, slowing reaction times and impairing judgment.
• Impaired driving. Certain medications and drugs can cause drowsiness, impaired judgment, and other potential dangers on the road.
• Reckless or dangerous driving. Drivers who feel rushed to complete their runs quickly may speed or engage in other dangerous, reckless behaviors.

The Truck Manufacturer

Sometimes, the designer or manufacturer of the commercial vehicle is responsible for the crash. Manufacturers may be liable for:

• Defective parts. Tires, brakes, steering, hydraulics, and fuel lines must be in peak condition. Any flaws can cause the truck to break down or even catch fire.
• Inadequate warnings. Failing to provide proper instructions or warnings about potential dangers can lead to misuse and accidents. Manufacturers have a duty to inform users about safe operation and possible risks.

The Cargo Loader

The way a truck is loaded can significantly impact its safety. Those responsible for loading may be liable if they exceed weight limits, which can strain the truck’s systems. They may also be liable if they improperly secure the cargo. Unsecured or poorly distributed cargo can shift during transit, causing the driver to lose control. Proper loading techniques are essential for safe transport.

The Trucking Company

The company that employs the driver often bears responsibility for the actions of its employees. They may be held accountable for:

• Negligent hiring
• Improper training
• Improper licensing or certification of its drivers
• Poor vehicle maintenance
• Federal or state law violations, including Hours of Service regulations
• Software malfunctions

In Tennessee, the trucking company can be held liable for its own failures and negligent acts, as well as those of its driver.

Vicarious liability may apply in truck wreck cases. This legal concept allows injury victims to hold employers responsible for the actions of their employees. In truck accident cases, this often means the trucking company can be held liable for the driver's negligence, provided the driver acted within the scope of their employment at the time of the crash.

What Happens if Multiple Parties Are to Blame for My Clarksville Truck Accident?

It’s rare for a single party to bear all the responsibility in a commercial truck crash. Tennessee follows a modified comparative fault rule, which means multiple parties can share liability for an accident. Under this rule, a truck accident injury victim (or plaintiff) may seek compensation against one or more parties if the plaintiff’s fault is less than 50%. Furthermore, the shared liability will be proportional to the fault of the negligent parties.

For example, say you are injured in a truck accident in Clarksville, and the trucking company, the truck driver, and another third party are all found equally liable. Each party would then pay approximately 33% of your total award.

How Can a Clarksville Truck Accident Lawyer Establish Negligence?

One of the most important steps in making a truck accident claim is proving that other people are responsible for your injuries; otherwise, your total award could be reduced. A Clarksville truck accident lawyer from Pete Olson Injury Law works to establish this negligence by: 

• Collecting and recording evidence. Tire tracks, video recordings, data from electronic logging devices, photos of your vehicle—all of this evidence helps build a solid case. We will also depose any eyewitnesses who can speak to the day's events.
• Using our network of field experts. Over the years, we've cultivated relationships with accident reconstruction specialists, medical experts, and industry professionals who can provide valuable testimony to support your claim. These folks can help paint a clear picture of what went wrong.
• Analyzing records. Driver logs, maintenance records, and company policies can reveal patterns of negligence or regulatory violations.

What Damages Can I Seek if I'm Injured in a Truck Accident in Tennessee?

If you've been hurt in a truck crash in Clarksville, you may be entitled to compensation, or damages, for:

• Medical expenses, current and future
• Lost wages and income
• Loss of benefits
• Pain and suffering, physical and mental
• Property damage
• Loss of enjoyment of life

If your loved one was injured and ultimately succumbs to those injuries, you can seek damages for many of the same losses through a wrongful death claim. You may also be entitled to additional compensation for the funeral and burial costs.

When You Need Justice After a Clarksville Truck Accident, Get Pete

When you're reeling from a truck accident, you need a legal team that combines experience, dedication, and a proven track record of success. Pete Olson Injury Law stands ready to be your advocate in Clarksville, Tennessee.

With over three decades of experience, our firm has been a beacon of hope for truck accident victims throughout Tennessee. Our attorneys are skilled negotiators who won't hesitate to challenge large trucking companies and their insurers to fight for the compensation you deserve. While many cases settle out of court, we prepare every case as if it's going to trial, ensuring we're always ready to advocate for you in front of a judge and jury if necessary.

At Pete Olson Injury Law, you're not just a case number. We provide personalized attention, keeping you informed every step of the way and always being available to answer your questions. We work on a contingency fee basis, meaning you don't pay unless we win your case. This allows you to focus on your recovery without worrying about legal fees.