A truck accident is not just dangerous. They are often among the most devastating highway crashes, injuring numerous drivers. After a truck accident, speak to a lawyer about compensation.
Numerous highways, roads, and interstates run through and around Franklin, and trucks are fairly common on these roads. Accidents might occur because of a trucker’s poor driving, bad road conditions, or various other factors. Since truck accidents tend to be very dangerous, damages often run high, and injured drivers may claim valuable compensation. Determining who should be held liable may be complicated since more than one party may be named in your lawsuit. Truckers are often the direct cause of accidents, but their employers can also be held liable. In addition, others on the road or various third parties might share blame. You need evidence to hold these negligent parties liable, and an attorney can help you use your evidence in the most effective way possible.
Schedule a free review of your potential lawsuit with our truck accident attorneys by calling Howe Law at (844) 876-4357.
Where and How Truck Accidents Happen Around Franklin, TN
Truck accidents are more common on major highways used by truckers to transport goods across the state or the country. You will likely find trucks and eighteen-wheelers on roads like I-65 or US-431 around Franklin. You might even find trucks in the downtown area around Columbia Avenue making deliveries to local businesses.
Driver fatigue is a serious problem in the trucking industry. As drivers are required to make very long trips on tight deadlines, drivers often go without breaks or rest periods. As such, truck drivers often fall asleep at the wheel. It only takes a few seconds for a dozing trucker to cause a massive accident.
Road conditions also play a big role in many truck accidents. Truck drivers must adjust their driving when roads are slick or the weather makes for poor visibility. If a trucker fails to exercise due caution in the face of bad conditions, they may be responsible for an accident.
Equipment failures are another common cause of truck accidents. Trucks are often full of various pieces of equipment that help them function and remain safe on the road. For example, the trailer couplings keep the long trailer hitched to the truck, and underride bars prevent other vehicles from getting stuck under the truck if they get too close. If these things fail, serious accidents might occur.
Damages for Injuries in Franklin, TN Truck Accidents
Before our truck accident attorneys can fight for compensation in court, we must determine the extent of your damages. Damages fall into two broad categories: compensatory and punitive damages. While every case likely has some degree of compensatory damages, punitive damages are awarded only in certain cases.
Compensatory damages encompass your economic losses related to money and non-economic injuries related to painful experiences. Common economic damages include your medical costs, property damage costs, and the value of income you lose because you cannot return to work immediately. Your non-economic injuries might involve physical pain, emotional trauma, a loss of enjoyment of life, humiliation, and a plethora of other painful experiences.
It is our responsibility to add up your economic damages and present an estimate of your costs to the court. As such, it is important that no costs or expenses are overlooked, even minor ones. However, non-economic damages are very subjective and often unrelated to money. Juries decide the value placed on non-economic injuries.
Punitive damages are rare but possible in cases where the defendant intentionally caused your injuries or acted with malice, recklessness, or fraud. Under T.C.A. § 29-39-104(a)(5), punitive damages are capped at twice the value of your compensatory damages or $500,000, whichever is more.
Who is Responsible for My Truck Accident in Franklin, TN?
After an accident on the road, injured drivers often focus on placing blame on somebody who was physically present during the crash. While people like truck drivers should be held responsible for their negligence, there might be others who share responsibility.
The Trucker
First and foremost, the truck driver who caused your accident will likely be the primary defendant in your lawsuit. Since their negligence was likely the direct cause of the crash, they should be named in your lawsuit.
To have them held liable, we must show how the truck driver violated their duty to drive with reasonable safety under the circumstances. Perhaps they committed serious traffic violations (e.g., running lights, speeding, failing to signal) that caused a massive accident. Maybe they were distracted by a cell phone or something else behind the wheel. Whatever the case, we must establish how this negligence directly caused the accident.
The Trucking Company
Even though the truck driver’s employer was probably not present during the accident, they might still be held liable. Depending on the circumstances, employers may be held liable for their employee’s negligent behavior and any injuries they cause. The key is that the employee’s negligence must occur within the scope of their official job requirements and duties.
For example, if the truck driver caused the accident because they were speeding on slick roads while driving to deliver cargo, you can sue them and their employer. However, suppose the truck driver caused an accident on purpose in a fit of road rage. In that case, the employer might not be liable since employers are not usually responsible for employees’ criminal actions.
Others
There are other, less common defendants to consider. Perhaps the truck accident was not the result of the truck driver’s negligence but because a piece of equipment on the truck malfunctioned. If the trucker’s brakes failed, they might have been unable to stop to avoid a collision. If the broken brakes were due to a manufacturing error or defect, you can sue the manufacturer.
You might also sue the government for your accident. While drivers should adjust their driving to the road conditions, certain conditions are inexcusable. The government is responsible for maintaining roads and highways. If your accident occurred because the truck driver could not safely avoid a dangerous pothole, you can sue the government for failing to maintain the roads.
Call Our Franklin, TN Truck Accident Attorneys Now
Schedule a free review of your case with our truck accident lawyers by calling Howe Law at (844) 876-4357.
