Bradley County Truck Accident Lawyer 

Collisions between passenger cars and commercial trucks can be among the most serious and life-changing of all accidents. With commercial vehicles dwarfing smaller cars and carrying many times the mass, these collisions are often one-sided affairs, often totaling the passenger cars and causing catastrophic injuries for their occupants. These can include broken bones, concussions, and even paralysis.

Despite the fact that commercial drivers are required to obtain special licenses, they are still just as responsible for ensuring the safety of other people as all other drivers. A Bradley County truck accident lawyer represents those who have been injured in collisions with commercial vehicles. An experienced attorney will hold the drivers and their employers responsible and to attain maximum compensation for damages.

Truck Accident Laws in Tennessee

Although collisions with commercial vehicles can result in the worst consequences of any accident, there is no statute in Tennessee that describes how people can hold the drivers and their employers accountable. Instead, one must look to Tennessee’s courts for guidance.

Tennessee’s courts, like all other state courts, issue rulings that are passed down over the years. These rulings have been compiled into what is known as the common law. Since all courts are required to follow the previous court’s rulings, one can define many aspects of the law by interpreting these rulings.

One major area of law that is defined by these rulings is the civil tort of negligence. In short, negligence is when one person has a legal responsibility to care for the well-being of another.

Proving Negligence

When that person fails in that responsibility, and the protected person is hurt, the responsible person is civilly liable. However, the injured person must be able to prove five separate things to win a negligence case. These are:

  • Duty – The law creates a responsibility for certain people to protect others. This is never automatic, and a person must willingly accept this responsibility, known as the duty of care. In truck accident cases, all drivers of vehicles assume a duty to care for all other people as soon as they get behind the wheel.
  • Breach – A breach of the duty of care occurs when an action is taken that causes harm to occur. This can be by actively doing something, like speeding, or by failing to take caution, such as by running a red light. Whether the duty of care was breached by the defendant is often the central question in truck accident cases.
  • Cause – The plaintiff must be able to show that if the accident never occurred, he or she would not have been hurt. This is usually fairly simple, as the injuries commonly suffered in truck accident cases, such as broken bones or concussions, are readily attributable to the accident.
  • Scope – The injuries suffered by the plaintiff must have been foreseeable from the facts of the case. Since truck accidents can lead to any type of injury, including death, this is not often in dispute.
  • Damages – Finally, the plaintiff’s case must be centered on a physical injury. While mental injuries, such as pain and suffering, can certainly be added to a claim, a physical harm must form the foundation.

Statute of Limitations

One must also remember that there is a statute of limitations for truck accident cases in Tennessee. This is simply a time limit within which a plaintiff must initiate their court case.

TN Code 28-3-104 gives plaintiffs one year from the time of an accident to file a lawsuit. If it has been more than a year since the accident, a plaintiff’s case will have no chance of winning. For this reason, it is extremely important to contact Bradley County truck accident lawyer as soon as possible.

Speak with a Bradley County Truck Accident Attorney Today

Dealing with an accident involving a commercial truck can be a stressful time. Not only do you need to make a full recovery, but you may be missing time at work while the truck company’s insurance group is hassling you for a statement or to make a quick settlement.

By forming aggressive and comprehensive demand packages, the lawyer will push for maximum compensation while aiming to avoid time-consuming litigation. If a trial is necessary, the lawyer will stand by your side for as long as it takes to ensure that you received the compensation to which you are entitled. Contact a Bradley truck accident lawyer today for a free, initial consultation.