Truck accidents are known to be one of the most catastrophic kinds in which a person can be involved. Many truck accident victims sustain serious injuries that often require long-term treatment.
Fortunately, A Knoxville truck accident attorney can help you recover compensation from the negligent parties. There are numerous types of trucks on the roads, and there is no shortage of ways they can be involved in a serious accident. Truck accident cases can be difficult, however, because of the number of parties that could be responsible. While a truck driver might have directly caused an accident, an employer could also be held liable for their employee’s conduct, depending on the nature of the accident.
If you have been injured in a truck accident, our Knoxville truck accident attorneys can help you determine the parties responsible for your injuries. For a free case review, call Howe Law today at (844) 876-4357.
Common Causes of Truck Accidents in Knoxville, TN
Knoxville is a busy commercial hub between the North and South, with thousands of trucks operating in the city each year. It should come as no surprise then that truck accidents can occur in several ways. The following are some of the common causes of truck accidents in Knoxville:
- Driver fatigue
- Distracted driving
- Violating hours-of-service regulation
- Improper cargo securement
- Inappropriate use of tie-downs
- Poor vehicle maintenance
- Speeding
- Tailgating
- Reckless driving
- Driving in a truck’s blind spots
- Driving under the influence of alcohol or drugs
- Defective truck parts
- Defective cargo securement equipment
Your truck accident could have been caused in other ways than those listed. Regardless of how your truck accident occurred, you are entitled to recover compensation for your injuries. Our Knoxville truck accident attorneys can help you craft the right legal strategies based on how your accident happened.
Liability for a Knoxville, TN Truck Accident
There are many truck accidents in which multiple parties could be responsible for the subsequent injuries. While the truck driver is most likely responsible for causing the accident, many others responsible for a truck’s safe operation could be held liable. Our Knoxville truck accident attorneys can help you determine who should be responsible for the damages you sustained.
Truck Driver
Truck drivers are responsible for ensuring their vehicles are safe on the road. Truck drivers must typically inspect and maintain safety equipment and regularly check lights and other safety systems. Truckers must also drive safely and obey all traffic laws. Negligent truck drivers that violate their duties can be held liable for the accidents they cause.
Trucking Company
You might also be able to hold the truck driver’s employer liable for the driver’s negligence. Trucking companies are vicariously liable for their employees if an accident was caused during the normal course of performing their job functions. For instance, if a truck driver were speeding to complete a delivery when the accident occurred, the trucking company would likely also be accountable for the accident.
Trucking companies are also responsible for the safe operation of the trucks in their fleet. Trucking companies must regularly inspect their vehicles and address any issues they find. They could also be liable if they failed to perform a reasonable background check on a potential driver or if they did not terminate one that was a safety concern.
Other Third Parties
In some cases, someone other than the driver and trucking company could be liable for causing your injuries. For instance, a defective truck part could be responsible for causing an accident. In these situations, a designer or manufacturer of the defective part could be held liable.
In other circumstances, an outside repair shop or independent mechanic could be responsible for a truck accident. Federal regulations prevent trucking companies from outsourcing important duties, like regularly inspecting trucks for safety issues. However, repair shops and mechanics can be hired for truck maintenance, tire retreading, and other basic truck repairs. If an accident occurred because a mechanic or repair shop failed to perform their job adequately, they could be sued for damages. Our Knoxville truck accident attorneys can help you hold the liable parties responsible for your injuries.
Elements of a Knoxville, TN Truck Accident Lawsuit
Injured truck accident victims might decide that filing a lawsuit is the best option to recover compensation. If so, they must prove several elements to show that the other party caused their injuries. First, a truck accident victim must prove that the defendant owed them a duty of care and that they breached that duty when they caused the accident. It must then be shown that the breach of duty caused the victim’s injuries, resulting in real damages to the victim.
It can be difficult to establish that a truck driver acted negligently when they caused an accident. Proving each element of negligence could require several pieces of evidence to be submitted in support. Our Knoxville truck accident attorneys can help you determine if the essential elements of your case have been satisfied.
Time Limit to File a Truck Accident Lawsuit in Knoxville, TN
The time limit to file a Knoxville truck accident lawsuit is known as the statute of limitations. While most states provide a few years to file a lawsuit, Tennessee has one of the harshest deadlines in the country. According to T.C.A. § 28-3-104, truck accident victims will have only one year from the date of the accident to file their personal injury lawsuit. It cannot be stressed enough how important it is to initiate litigation as soon as possible.
A one-year deadline leaves little time to accomplish all the requirements to file a lawsuit in Knoxville. Evidence might need to be collected from many parties, who are usually not inclined to cooperate, and evaluated to determine the amount of damages to pursue. Once your evidence is gathered, a complaint will be drafted, and your lawsuit can be filed. Even a short delay can seriously impact your chances of recovering compensation for your injuries.
Exceptions to the statute of limitations will apply only in rare cases, usually involving children under 18. For most other cases, the court will not entertain a lawsuit filed after the statute of limitations and will dismiss it, preventing you from recovering compensation through the judicial system. Our Knoxville truck accident attorneys can help you identify the statute of limitations in your case to ensure that your case is filed before the deadline passes.
Our Knoxville, TN Truck Accident Attorneys Can Help
If you have been injured in a truck accident, our Knoxville truck accident attorneys can provide you with a case evaluation at no cost. Contact Howe Law at (844) 876-4357.
