Chattanooga Truck Accident Lawyers

Injured In A Truck Accident?

Victims of these potentially life-altering collisions need experienced legal representation, so they know their case is in capable hands. The Chattanooga truck accident lawyers at Massey & Associates, P.C. have the resources and experience to manage every aspect of your truck accident case. Our firm has obtained millions for those injured in motor vehicle collisions and we have in-depth knowledge of the unique aspects of truck accident cases.

Our focus is on securing your future. We aggressively pursue full compensation for accident victims at no upfront cost.

Am I Eligible to Pursue Compensation?

The main question is whether another party caused the accident through negligence. For example, truck drivers cause a lot of accidents through their own negligence. Other parties, like trucking companies or the parties responsible for maintaining the truck, may have also engaged in negligence.

Negligence refers to a failure to exercise the level of care that a reasonably prudent person would under similar circumstances. Negligence has four elements:

• Duty of Care: An obligation to take reasonable steps to prevent harm to others, such as the duty to follow traffic laws.
• Breach of Duty of Care: This means the party in question failed to uphold a duty of care.
• Causation: The direct link between the breach and the injury caused.
• Damages: The actual harm or injury suffered by the affected party.

If you believe negligence was involved, you should contact an attorney to discuss legal action. Other parties may be liable for your damages, like medical costs, pain and suffering, and more. In fact, most truck crashes are caused by negligence, so it makes sense to call an attorney to review your potential next steps.   

These are some common examples of negligence we often see in truck accident cases:

• Reckless Driving: Examples include speeding, failure to yield, tailgating and negligent lane changes.
• Distracted Driving: Texting, eating or using in-cab technology take the driver’s attention away from the road.
• Driver Fatigue: Federal regulations limit the number of hours truckers can drive. However, there is intense pressure to meet deadlines, which could result in fatigued driving.
• Driver Impairment: Driving under the influence of alcohol or drugs is a serious offense that can result in severe accidents, especially when the impaired person is operating a truck.
• Mechanical Failures or Defects: Faulty brakes, tire blowouts or other mechanical issues can lead to catastrophic accidents.
• Negligently Loaded Cargo: Improperly loaded or secured cargo can shift during transit, causing the truck to become unbalanced and difficult to control.

What Is the Value of My Tennessee Truck Accident Case?

Every case is different. The value of your case depends on factors like the type of truck accident you were involved in and the severity of your injuries, along with several other factors.

Truck crash cases are often worth much more than car accident cases. Trucks are much larger than passenger vehicles, which means victims are more likely to suffer severe injuries that require long-term care.

Some common examples of severe truck accident injuries include:

• Traumatic Brain Injuries (TBI): You could suffer a blow to the head that causes severe cognitive problems, headaches, trouble sleeping and many other serious medical issues. These issues may require long-term neurological care and possibly lifestyle adjustments.
• Severe Broken Bones: Complex fractures can take a long time to heal. The rehabilitation process could take several months or more, and victims may still be left with a long-term disability.
• Spinal Cord Injuries: Damage to your spinal cord can result in partial or complete paralysis, demanding immediate medical attention, surgical interventions and extensive rehabilitation. These injuries can be life-altering, as victims may be unable to work and need daily assistance with a variety of tasks.

One of the main factors in the value of a truck accident case is the amount of medical expenses. Our Chattanooga truck accident lawyers pursue full compensation for all these costs, including the cost of:

• Immediate Medical Care: Emergency room visits, surgeries, hospital stays, medical tests and any other treatment you receive right after the accident.
• Ongoing Medical Care: Follow-up appointments with specialists, physical therapy, prescription medications and any long-term care you need.

Our lawyers also pursue compensation for the many other damages often caused by truck crash injuries, such as:

• Compensation for wages lost during the recovery period when you are unable to work.
• Loss of earning capacity, if the injuries result in long-term disability or made you unable to perform your job, this includes projected future earnings.
• In cases where injuries prevent returning to your previous occupation or career, may be compensated for the cost of retraining for a new job.
• Compensation for your physical pain from the accident.
• Psychological impacts, such as trauma, PTSD, anxiety and depression.
• Reduced quality of life, including the inability to participate in hobbies, exercise or other activities you enjoyed before the accident.
• Costs for repairing or replacing your vehicle.

Tennessee law limits non-economic damages, such as pain and suffering, to $750,000. However, the limit can be increased to $1 million in cases involving catastrophic injuries, which include serious conditions like spinal cord injuries, amputations, traumatic brain injuries, severe burns or the wrongful death of a parent.

Our attorneys are committed to securing full compensation for all the damages you suffered, within the limits set by state law.

Who Can Be Held Liable for My Tennessee Truck Accident Injuries?

These are some of the parties that could be at fault for a truck accident. Often, multiple parties can be held liable for the same accident:

• Truck Driver: They could be at fault for various forms of careless or reckless driving, such as impaired driving, speeding, distracted driving, failure to yield the right of way, etc.
• Truck Owner: For example, the truck owner may be held responsible for failing to properly maintain the vehicle, which caused mechanical failures.
• Owner of Prime Mover: The owner of the prime mover (the front part of the truck that pulls the trailer) can be liable if the prime mover was defective, improperly maintained or if they employed a negligent driver.
• Owner of the Trailer: For instance, the trailer owner could be held accountable if the trailer had defects, was improperly loaded or poorly maintained.
• Haulage Company: If the haulage company failed to provide adequate driver training or violated regulations, they could be liable for the actions of a driver who was an employee.
• Manufacturers: The manufacturer can be held liable for any defects in the truck or trailer that were present at the time of sale and contributed to or caused an accident.
• Maintenance Company: A service company that performed negligent repairs or maintenance on the truck or trailer can be liable if its poor workmanship led to the accident.
• Cargo Loading Company: If the cargo was not loaded or secured properly, the company responsible for loading the cargo could be held liable, such as if the cargo tips over and causes the accident.

How Do Trucking Industry Regulations Apply to My Case?

One of the critical factors in any truck accident case is the breach of a duty of care. Often, lawyers look to federal or state trucking regulations to determine how drivers or other parties breached a duty of care, leading to the accident.

These are some of the trucking regulations that may come up in your truck accident case:

• Hours of Service Regulations: These rules limit how long a truck driver can operate without rest. If your lawyer can prove the driver violated these rules or the driver’s employer did not enforce these rules, you likely have a strong case.
• Vehicle Weight Limits: Exceeding weight limits can make a truck more difficult to control and more dangerous in an accident. Our lawyers know how to obtain the relevant records to determine if the trailer was overloaded.
• Drug and Alcohol Testing: Regulations require regular testing to ensure that truck drivers are not operating under the influence of alcohol or drugs. Evidence of a positive test or failure to comply with testing requirements can strongly support your claim for damages.
• Maintenance and Cargo Securement Regulations: These rules mandate regular inspections and proper load security to prevent accidents due to equipment failure or shifting cargo.

Contact Your Chattanooga Truck Accident Lawyer Today

If you or a loved one has been injured in a truck accident, you need to know that timely legal advice can make a significant difference in the outcome of your case. There is limited time to file a claim and the longer you wait to call the lawyer, the harder it may be to gather evidence to establish liability.

Whether you are unsure if you have a case, the insurance company has already made a settlement offer, or your loved one is recovering in the hospital, our firm may be able to help.

Our lawyers work on contingency, which means we only get paid if we recover compensation on your behalf. The initial consultation is also free of charge.

Our office is conveniently located off Interstate 75, just a few minutes away from Erlanger East Hospital. Contact Massey & Associates, P.C. today. We are available 24/7: (423) 396-0720