Accidents and crashes are not unusual, and truck accidents can be especially dangerous and frightening. If you were involved in such an accident, your injuries might be extreme, and our attorneys can help you get fair compensation.
Truck accidents might happen for various reasons, but driver negligence is often at the heart of the matter. Speed, negligent turns or lane changes, and overly tired truckers are some of the leading causes of truck accidents. If you want to file a lawsuit, you might name the trucker, other drivers, and even the trucking company that hired the trucker in your case. Exactly who you include will depend on how your accident happened. Your damages also may vary based on how your collision occurred. Many truck accident claims involve significant claims for hospital bills, damaged property, physical pain, suffering, and more.
Contact our truck accident attorneys of Howe Law by calling (844) 876-4357 and set up a time for a free initial case evaluation.
Common Reasons Behind Truck Accidents in Spring Hills, TN
Speed is a common factor in many auto accidents, including those involving large trucks. Speed is problematic in truck accident cases because trucks cannot stop on a dime. If the trucker is illegally speeding and suddenly needs to stop – like if the car in front of them brake checks them – they simply cannot slow down quickly enough. As such, these trucks tend to crash into whatever is in front of them.
Turning and lane changes can be risky for any driver if proper precautions are not taken. These risks are often higher when trucks are involved. While most vehicles have blind spots, trucks and eighteen-wheelers often have very large blind spots, and truckers must exercise caution when maneuvering. If a trucker tries to turn to merge without signaling or checking for other drivers, people might be gravely injured.
Another major problem on the road is driver fatigue. Truckers are known for making very long trips as quickly as possible. Sometimes, this means truckers get very little time for sleep on the road. While industry regulations require that drivers get proper rest, many trucking companies disregard these rules and push their drivers to stay awake for as long as possible. Tired truckers are dangerous and might fall asleep at the wheel.
Who Should Be Held Liable for Your Truck Accident Injuries in Spring Hill, TN?
Liability in truck accidents is sometimes tricky because more than one person or entity might share it. While people sometimes assume the trucker must be the only liable party, this is not always so. Our truck accident lawyers can help you determine if the trucker is the only responsible party or if others should share the blame.
The Truck Driver
Of course, the truck driver is usually the first to face scrutiny after a truck accident. Truckers have a lot of responsibility when they control a multi-ton vehicle speeding down the highway. Common instances of trucker negligence might look a lot like ordinary traffic violations committed by any other driver. Speeding, failing to signal, and distracted driving are common factors in many truck accident cases, and the blame usually falls on the trucker.
Truckers are not the only drivers whose negligence might play a major role in a truck accident. Other drivers near the truck might have done something to cause the accident. For example, if another driver brake-checked the trucker and the trucker could not stop in time because they were speeding, both the trucker and the brake-checking driver might be held liable. Often, we figure out that other drivers are involved after we get the truck driver’s side of the story.
While multiple drivers might share varying levels of responsibility, they are typically considered jointly and severally liable. This means that they are both equally responsible for the damages. If they wish to contribute only their fair share, they must work that out with each other, not you.
The Trucking Company
If you are suing a truck driver for causing an accident, there is a good chance you can also sue the trucking company that employs them. Under the legal doctrine known as respondeat superior, employers can be held vicariously liable for injuries caused by negligent employees. For this rule to apply, the employee’s negligent behavior must occur within the scope of their normal job duties. The trucking company may be liable for accidents from traffic violations or typical driver negligence.
If possible, it is important to include the trucking company as a defendant because they usually have greater financial resources to help cover damages.
Calculating Your Damages After a Truck Accident in Spring Hill, TN
Understanding your damages is crucial to getting all the compensation you rightly deserve. If certain damages are left out of your initial complaint, adding them later might be difficult or impossible, depending on the situation.
Compensatory damages include financial losses and emotional or psychological injuries. Hospital bills, property damage, and income you lose from being unable to work after the crash fall under the category of financial or economic damages. It is important to keep a thorough record of all your costs and expenses, no matter how minor they seem, so we can accurately calculate these damages.
Your non-economic injuries include painful experiences that took a psychological toll. These are often called non-economic damages because they do not technically cost money. Even so, they may be compensated with money, as that is the only way the court has to remedy these injuries.
While compensatory damages are designed to make plaintiffs whole again, punitive damages are different in that they are designed to punish defendants. These damages are not always available and tend to be more unusual.
Under the law, punitive damages are only available if the plaintiff can show by clear and convincing evidence that the defendant acted intentionally, maliciously, recklessly, or fraudulently. This is far greater than ordinary negligence. Proving punitive damages can be very difficult but not impossible. Courts might be more willing to award punitive damages if doing so serves as a deterrent for future bad behavior by the defendant or other trucking companies.
Reach Out to Our Spring Hill, TN Truck Accident Lawyers About Beginning a Case for Damages
Contact our truck accident lawyers of Howe Law by calling (844) 876-4357 and set up a time for a free initial case evaluation.