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.
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The Massey Promise
We promise to work aggressively for you with honesty and compassion.
Honest
We are always honest with our clients about their cases and how we can help them.
Selective
We choose cases that we believe in, so you know we are ready to fight for you.
Loyal
We are committed to pursuing the best results for our clients throughout the legal process.
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.
Case Results
We make sure to hold an aggressive representation on all cases as well as communicate effectively and demonstrate a high level of professional ethics for the rights of our clients.
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$268,000,000
Product LiabilityThis was a national case covering hundreds of plaintiffs when an implanted heart defibrillator malfunctioned, injuring many and even killing some people.
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$2,000,000
Medical MalpracticeHusband of a young mother who died due to the failure to diagnose a pulmonary embolism
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1,311,750
Motor Vehicle AccidentBoy injured in a jet ski accident
What Types of Truck Accident Cases Do We Take On?
Negligence can cause several types of dangerous truck accidents. If you were injured in any of the crashes listed below, our Chattanooga truck accident attorneys may be able to assist you. Contact us to schedule a free consultation and learn more about your options moving forward.
- Jackknife Truck Accidents: These occur when the truck’s trailer swings out to form a 90-degree angle with the cab. One reason these accidents are so dangerous is that multiple passenger vehicles could be involved.
- Rollover Accidents: These happen when a truck tips over onto its side or roof, often due to high speeds, improper loading or sudden maneuvers.
- Rear-End Accidents: These occur when a truck crashes into the vehicle in front of it, often due to speeding or failing brakes.
- Underride Crashes: These are extremely dangerous collisions where a smaller vehicle slides under the rear or side of a truck’s trailer.
- T-Bone Collisions: These happen when the front of a truck crashes into the side of another vehicle. T-bone crashes are common at intersections.
What Are the Benefits of Hiring an Experienced Lawyer?
Our Chattanooga truck accident lawyers handle every aspect of our clients’ cases. We want you to focus on your medical care and recovery. You can leave the complexities of the legal process to us, as we have decades of experience gathering evidence and linking negligence to our clients’ injuries.
These are some of the many tasks we handle on behalf of our clients:
- Collecting Evidence: For example, we gather accident reports, witness statements and electronic data from the truck’s black box.
- Reconstructing the Accident: We work with experts to recreate the events that led up to the accident, providing a clear picture of how negligence occurred. Accident reconstruction also helps link the victim’s injuries to the accident.
- Identifying Responsible Parties: We thoroughly investigate to determine who should be held liable for the accident, whether it is the truck driver, trucking company or other parties.
- Negotiating with Insurers: We handle all communication with insurance companies, protecting your claim and pursuing a fair settlement.
- Preparing for Trial: Many cases settle, but sometimes it may be necessary to file a lawsuit. We are always prepared to take matters to court, as our goal is the same as yours: recovering maximum compensation from those responsible for your injuries and damages.
Contact us to learn more about the benefits of experienced legal representation. Phone: (423) 396-0720.
“If anyone in Chattanooga needs an attorney, Mr. Massey is your man”
Tonda H.
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.
Injured?
Contact Massey & Associates, P.C.
You do not need to feel intimidated by the insurance company. The law gives you the right to seek compensation for damages after an injury caused by another’s negligence. The law also allows you to hire an experienced lawyer to help level the legal playing field and seek a favorable result.
Massey & Associates, P.C. has many years of experience securing justice and compensation for the injured in the Tampa area. There are no fees unless we win your case, either through a settlement or in the courtroom.
Call (423) 396-0720 to get legal help today..
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.
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What Insurance Policies May Cover Your Truck Accident?
There are several insurance policies available for commercial vehicles in Tennessee. Some of these policies may apply to your truck crash. Our Chattanooga truck accident lawyers can review the available insurance policies to determine all the coverage that applies to your accident.
General Liability
This policy covers bodily injury and property damage caused by the truck during operations, ensuring victims are compensated for their losses. If the truck driver or the company is found liable for the accident, this policy may cover your medical expenses, lost wages and property damage.
Extended Liability
This provides higher limits of coverage beyond the basic liability policy. In severe accidents involving significant injuries or high-value claims, this additional coverage may help ensure you receive compensation for all your costs and damages.
Self-Insured Retention
This is a self-funded deductible that the company must pay out of pocket before the insurance policy kicks in. Some large trucking companies may opt for self-insured retention, meaning they manage their risk and pay claims up to a certain amount out of their own pockets. This approach can sometimes accelerate the claims process, as the company directly handles initial settlements before their insurance coverage applies.
Eroding Policy
Also known as a “defense within limits” policy, it reduces the available coverage limit by the amount spent on legal defense and claims adjustment. An eroding policy can impact the resources available for your claim, as the policy’s limit might be reduced by legal defense costs. Being aware of this can help you approach settlement negotiations more strategically.
Statute of Limitations to File a Claim for Compensation in Tennessee
In Tennessee, generally, the statute of limitations for filing a truck accident claim is a year from the date of the accident. That is why it is essential to act promptly and consult with a lawyer who can ensure your rights are protected.
Representing the People of Tennessee and Georgia
Massey & Associates consistently earns repeat business and referrals due to our success. We often win cases other attorneys deemed hopeless, turning them into victories for our clients.
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Gary Massey
Read Bio: Gary MasseyGary Massey, Jr., is a well-known courtroom advocate practicing law in Chattanooga, Tennessee. Gary is a native of Tennessee who began practicing law in 1998. He graduated from Cumberland School of Law where he was ranked in the top 3% of his class and was an editor of the Cumberland Law Review.
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.
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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
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