Cleveland, TN Truck Accident Lawyer
According to the Tennessee Department of Safety and Homeland Security, over 200,000 motor vehicle accidents occurred in Tennessee in 2017. These accidents encompassed a wide range of factors and vehicles, including cars, motorcycles, and trucks. However, truck accidents are often quite different from car accidents due to the larger mass and size of many commercial vehicles.
If you are involved in a truck accident in Tennessee, a practiced personal injury attorney could provide answers to any questions you have regarding any injuries or damage to your vehicle. A Cleveland truck accident lawyer could help you determine whether you may benefit from filing a civil lawsuit to recover compensation.
Examples of Truck Accidents and Types of Compensation
The large size of many commercial trucks may increase the risk for potential accidents, as well as the possible severity of any damage or injuries. For example, a truck accident may occur when a passenger vehicle attempts to pass a truck or change lanes near one. In this and other situations, the truck may cause damage to the passenger vehicle, especially side-impact damage. The truck may also injure the driver of the other vehicle, even if airbags and other safety features function properly.
As a result, truck accident victims may be able to collect compensation for a variety of damages, including compensation for fracture injuries, organ damage, and concussions or other head trauma.
Additionally, a person may be able to claim pain and suffering for any injury sustained in the accident. However, Tennessee law restricts so-called non-economic damages to claims involving a personal injury, according to Tennessee Code Annotated §29-39-102. The same code section also establishes a $750,000 limit for non-economic damages. A Cleveland truck accident lawyer may be able to answer any questions about damage types or limits.
Time Periods for Filing Claims in Cleveland
Tennessee has two different time limits for those wishing to file a lawsuit for a truck accident. If an individual sustained a personal injury as the result of a truck accident, he or she may have one year to file a claim, according to T.C.A. §28-3-104. If, however, a person is claiming property damage, he or she may have three years to file, according to T.C.A. §28-3-105. A Cleveland truck accident lawyer could help individuals know which deadlines apply to his or her specific case and ensure that their legal claims are filed in a timely manner.
Accident Liability for Multiple Parties
A truck accident victim may be able to claim damages against more than one potential defendant. In other words, multiple parties may be responsible for a person’s truck accident, including:
- The driver of the truck
- The person or company that owns the truck
- The truck manufacturer
- Any other party that exercised control or maintenance of the truck
In lawsuits involving multiple defendants, a plaintiff is generally entitled to receive compensation from each defendant in proportion to his or her degree of responsibility, according to T.C.A. §29-11-103. Thus, a defendant that is 20 percent responsible for a truck accident would pay 20 percent of the plaintiff’s damages.
Truck Accidents and Negligence
The legal theory of negligence often arises in civil lawsuits based on truck accidents. To prove negligence, a plaintiff must show:
- The existence of a duty of care
- A breach of such a duty
- Injuries that resulted from that breach
In Tennessee, however, recovery may be reduced in proportion to the plaintiff’s own negligence. For example, if a jury determines that a plaintiff was 10 percent responsible for a truck accident, then that plaintiff’s recovery may be proportionally reduced by 10 percent. Tennessee law also may bar recovery for individuals whose negligence contributed 50 percent or more to an accident.
Contact Our Cleveland Truck Accident Attorneys for a Consultation
Unfortunately, truck accidents may result in both property damage and personal injury. If you were in such an accident, consider calling our Cleveland attorneys. Our lawyers could review the facts and circumstances surrounding your accident. Then, we may be able to advise you on whether you could collect damages to compensate you for any expenses.
If you have any questions or concerns, be sure to get them answered as soon as possible. A Cleveland truck accident lawyer can help. Call us for a consultation today.
