Filing a lawsuit can be a confusing process, which is why our lawyers are prepared to explain all aspects of your potential truck accident claim in Shelbyville.
Understanding certain legal terms will be important for all truck accident victims seeking recovery in Shelbyville. For example, vicarious liability, which refers to an employer’s liability for their employee’s actions, might apply to your case and allow you to sue a trucking company for negligence in addition to the at-fault driver. Furthermore, the statute of limitations will dictate how long you have to sue. In Tennessee, that will likely be one year. Other terms, like the burden of proof and the standard of proof, refer to fault and who has to prove it. Our lawyers can help you navigate sometimes frustrating aspects of injury claims, like comparative fault laws, to ensure you feel comfortable and informed throughout the recovery process.
For help with your case from the Shelbyville, TN truck accident lawyers of Howe Law, call (844) 876-4357 today.
Terms to Know When Filing a Shelbyville, TN Truck Accident Lawsuit
There are a few key legal terms victims of truck accidents should familiarize themselves with in order to have a greater chance of recovery in Shelbyville. Such terms include vicarious liability, the statute of limitations, the burden of proof, the standard of proof, comparative negligence, and compensatory damages, among others.
Vicarious Liability
Accidents involving commercial truck drivers might also involve their employers because of vicarious liability. Under this common law doctrine, employers may be found liable for certain actions of employees that cause injury to others. That said, an employer cannot be sued for any truck accident injuries caused outside of the scope of employment. For example, suppose the truck driver is an independent contractor and not a regular employee. In that case, vicarious liability may not apply to your claim, meaning you cannot sue the truck company for damages. However, if the driver was a regular employee, you can hold their employer accountable. Trucking companies can be found negligent for various reasons, such as failure to background check an employee or ensure a vehicle was safe for operation.
Statute of Limitations
Another term to familiarize yourself with is the statute of limitations. This is the amount of time you have to sue for a recent truck accident in Shelbyville. In Tennessee, the statute of limitations for most personal injury lawsuits is only one year, as dictated by T.C.A. § 28-3-104(a)(1)(A). This is relatively short window to sue compared to many other states. Generally, the statute of limitations begins to accrue on the date of an accident. While there is tolling for delayed discovery of injuries, that rarely applies to truck accident cases. So, in all likelihood, you will only be able to bring a claim in the year that follows your truck accident in Shelbyville. The court strictly imposes this filing deadline, meaning your case will likely get thrown out if you try to bring it later than one year from the accident date.
Burden of Proof
The burden of proof refers to whose responsibility it is to show fault. This burden falls on the plaintiff, or the person who filed the case. This means that it will be on our truck accident lawyers to meet the standard of proof, which is another term that is important for victims to know. The standard of proof applied to most civil claims is a preponderance of the evidence. This standard requires victims to prove that it is more likely than not that a defendant is liable for their injuries. To meet the standard of proof, we must establish four elements. The first is that the defendant owed you a duty of care. The second is that they breached their owed duty of care. We must also prove causation, meaning that the other party’s breach of duty caused your injuries. Finally, we must show that you incurred actual damages due to the truck accident in question in Shelbyville.
Comparative Fault
While comparative fault might not play into all truck accident claims in Shelbyville, learning about this term is important for victims. In Tennessee, victims’ damages can be reduced if they share fault for their injuries. Often, defendants try use comparative fault laws to their advantage, as doing so might lessen the financial impact of a jury award. Even if victims are partially to blame for an accident, they can file a lawsuit against the other involved party or parties if they were ultimately less than 50% at fault. Being 50% or more at fault for an accident will bar a victim from recovery in Tennessee. We can use evidence, such as eyewitness statements, pictures from the scene of the accident, and security camera footage, to prove that you did not contribute to your accident, injuries, or subsequent damages in Shelbyville.
Compensatory Damages
While there are many more terms to familiarize yourself with before filing a truck accident injury lawsuit, understanding what compensatory damages are is important. The term compensatory damages refers to losses that are compensable in a lawsuit. While victims in Tennessee may be awarded compensation for financial losses and non-financial damages, compensation for pain and suffering may not exceed $750,000, as dictated by T.C.A. § 29-39-102(a)(2). The goal of compensatory damages is to make victims whole again following an accident or injury caused by a negligent party. There are additional damages that are not compensatory damages that might be available to truck accident victims in Shelbyville. These are punitive damages. Punitive damages aim to punish defendants for their gross negligence. As laid out in T.C.A. § 29-39-104(a)(5), punitive damages are currently capped at twice the amount of compensatory damages awarded to a victim or $500,000, whichever amount happens to be greater.
Call Our Shelbyville, TN Attorneys About Your Truck Accident Case Today
For a free case assessment from the truck accident lawyers of Howe Law, call (844) 876-4357 now.
