Truck Accident Attorneys in Memphis, TN
Some 600,000-plus residents call Memphis home, and when rush hour hits, interstates 55, 40, and 240 jam up quickly, not to mention the pileups that can happen on Union Avenue, Popular Avenue, and Walnut Grove. Motorists often find themselves sharing the road with big commercial trucks. When one of these large semis collides with a car, the resulting injuries can be dire. If you or a loved one were involved in a truck accident, you need a Memphis truck accident lawyer who will fight for your right to compensation. Contact Wright Gray Law Firm today for a free consultation and case evaluation.
Why Choose Wright Gray for Your Memphis Truck Accident Claim?
The Memphis truck accident attorneys at Wright Gray Law Firm have three decades of experience representing accident victims against insurance companies and helping them recover compensation for their injuries and other losses. We can help you, too. Our lawyers understand how serious truck accidents can be and how these injuries affect not just the accident victim but their entire family. Contact us today and tell us about your case. We can explain your legal options during a free consultation.
How Common Are Trucking Accidents in Tennessee?
Accidents involving large trucks are surprisingly common in the U.S., with roughly 500,000 occurring each year. When these enormous vehicles collide with passenger vehicles, the sheer force and weight can result in catastrophic injuries or death. In 2021, 155,000 people suffered injuries, and 5,788 died in large truck crashes. A total of 179 people in Tennessee were killed in truck accidents that year.
Should I Accept a Settlement From the Insurance Company?
Victims of semi-truck accidents often face extensive medical treatment. Medical bills can add up quickly, especially if the injured person cannot work as they recover from their injuries. Trucking companies are often quick to call in their insurance companies to make offers of compensation to settle claims swiftly.
As tempting as it may be to accept their money during this difficult time, you should first talk with a truck accident attorney. Chances are, the insurance company is short-changing you, and if you accept their offer, you may be signing away your right to ask for more compensation should your injuries require more care or services than you anticipated.
The truck accident attorneys with Wright Gray Law Firm offer free consultations, during which we can assess your damages and tell you what your claim is worth.
We know how difficult it is to endure any kind of personal injury and we want to be there to support you throughout the journey. Our team is here to assist you and make sure you get the recompense you deserve for your losses.
Memphis Truck Accident Guide
What Compensation is Available to Truck Accident Victims?
Here are some different types of compensation that may be available to accident victims and/or their families through truck accident claims:
Economic Damages
Economic damages are actual financial damages that result from truck accident injuries. These include:
- Past and future medical expenses
- Modifications to the home or vehicle
- Special equipment for mobility
- Property damage
- Lost earnings if you missed work due to your injuries
- Future earning potential if you are unable to return to work in the same capacity
Non-Economic Damages
Non-economic damages are non-monetary losses a person may suffer from their accident injuries. These are more subjective and, thus, harder to put a price tag on. Examples include:
- Pain and suffering
- Physical pain
- Emotional distress
- Psychological trauma
- Loss of consortium
- Disfigurement or scarring
- Loss of enjoyment of life
Wrongful Death Damages
If a loved one has died as a result of a truck accident, the surviving family members may be entitled to compensation for funeral and burial expenses, loss of financial support, and loss of companionship and emotional support.
Do I have a Trucking Accident Case?
In a truck accident case, as in any personal injury lawsuit, negligence plays a crucial role in determining liability and potential compensation for the injured party. Negligence is a legal theory used to establish fault when one person's careless or reckless behavior causes harm to another person. To prove negligence in a truck accident case, your Tennessee truck accident lawyer will typically need to establish four key elements:
Duty of Care: The first element in a negligence case is establishing that the defendant (usually the truck driver or their employer) owed a duty of care to the injured party. In a truck accident case, this duty of care often arises from traffic laws and regulations, as well as common sense. Truck drivers are generally required to operate their vehicles safely and adhere to all relevant laws, such as obeying speed limits, maintaining their vehicles, and following rules specific to commercial trucking.
Breach of Duty: To prove negligence, you must show that the defendant breached their duty of care. This means demonstrating that the truck driver or their employer failed to meet the expected standard of care. Breaches in a truck accident case could involve speeding, distracted driving, driving under the influence, failure to maintain the truck properly, or not following federal regulations governing commercial trucks.
Causation: Causation is a critical element in a negligence case. You must establish a direct link between the defendant's breach of duty and the injuries or damages suffered by the plaintiff. This involves showing that the defendant's negligent actions were the cause of the accident and the resulting injuries. For instance, you should be able to demonstrate that the accident would not have occurred but for the defendant's negligence.
Damages: Finally, you must prove that the plaintiff suffered actual damages due to the accident. Damages can include medical expenses, property damage, lost wages, pain and suffering, and other losses directly attributable to the accident. Without provable damages, there is no basis for a negligence claim.
Who May Be Held Liable in Memphis Truck Accidents?
Determining liability in a truck accident can be complex, often involving a thorough investigation, examination of evidence, and sometimes the expertise of accident reconstruction specialists. In some cases, multiple parties may share liability to varying degrees. If more than one party is at fault for your accident injuries, you may be able to recover compensation from all liable parties, further maximizing your compensation. Here are some of the parties that may be held responsible for a truck accident:
Truck Drivers
The truck driver is the most common party held liable for a truck accident. If the driver was negligent or violated traffic laws, they can be held responsible for the accident. Some common examples of truck driver negligence that can lead to accidents include:
- Distracted driving
- Fatigue
- Speeding
- Driving under the influence of drugs or alcohol
- Inadequate training
- Failure to follow traffic laws
- Improper lane changes
- Following too closely
- Overloading or improperly loading cargo
- Negligent maintenance
- Road rage or aggressive driving
- Failure to exercise caution in hazardous weather conditions
Trucking Company/Truck Owner
A trucking company or truck owner (if the truck is owned by a party other than the driver) can be responsible for a truck driver's accident under various legal principles, particularly when the company's actions or policies contribute to the accident. An owner or trucking company can be held liable for a truck driver's accident if the company:
- Failed to properly train the driver
- Encouraged or pressured the driver to violate safety regulations or drive for extended hours (hours-of-service violations)
- Negligently hired or retained a driver with a poor safety record
- Inadequately trained drivers
- Failed to properly maintain trucks
- Violated federal regulations
- Failed to enforce safety policies
To hold a trucking company liable in a truck accident, the following must be established:
- The truck driver must be employed by the trucking company when the accident occurred
- The trucking company must have controlled the truck driver’s work-related duties
- The truck driver must have been doing their work-related duties when the accident happened
Truck Manufacturer
A truck manufacturer can be held liable for a truck accident if it is determined that a defect in the truck's design or manufacturing contributed to the accident, or if the manufacturer failed to warn customers of risks associated with its products. Liability in such cases is typically based on product liability laws.
Maintenance or Repair Shops
Maintenance or repair shops can be held responsible for a truck accident if their negligence or substandard work contributes to the crash. While truck maintenance and repair shops play a crucial role in ensuring the safety of commercial vehicles, mistakes or oversights can lead to mechanical failures or safety issues that result in accidents. Here are some scenarios in which maintenance or repair shops may be held liable for a truck accident:
- Negligent maintenance or repairs
- Failure to identify safety issues
- Inadequate training or certification to perform required repairs
- Failure to follow the manufacturer’s specifications
- Lack of proper recordkeeping
Cargo Loaders
Cargo loaders can be responsible for a truck accident if their actions or negligence in loading and securing cargo contribute to the accident. Proper loading and securing of cargo are essential for maintaining a truck's stability and safe operation on the road. Here are ways in which cargo loaders may be held liable for a truck accident:
- Overloading a truck beyond its weight capacity or above legal weight limits can affect the truck's stability, braking capacity, and handling.
- Improper weight distribution can cause the truck to become unstable, especially during turns or sudden maneuvers.
- Inadequate securement of cargo can cause cargo to fall off the truck or spill onto the road. It can also cause cargo to suddenly shift, affecting the truck's balance.
- Failure to comply with state and federal regulations, such as not using the required number of tie-downs or not following specific loading procedures, can result in accidents.
- Ignoring special cargo requirements, such as those for hazardous materials or oversized loads.
- Inadequate training can result in mistakes and accidents.
- Negligence in inspection of the cargo and securing mechanisms before the truck departs to ensure everything is in proper condition.
Government Entities
Government entities can be held responsible for a truck accident in certain circumstances if their actions, negligence, or failures related to road maintenance, design, or traffic control contribute to the accident. While government entities generally have immunity in many cases, there are exceptions when they can be held liable for accidents involving trucks or other vehicles, such as:
- Negligent road maintenance
- Inadequate signage or road markings
- Poor road design
- Inadequate traffic control devices
- Failure to clear ice or snow
- Failure to address visibility obstructions
- Inadequate construction zone signage
- Failure to address known hazards
Is there a Deadline for Filing a Truck Accident Lawsuit?
In Tennessee, like in many other states, a statute of limitations sets a time limit on when a lawsuit can be filed in a truck accident case. The statute of limitations is a legal deadline for a plaintiff (the injured party) to initiate a lawsuit against the responsible party (often the truck driver, trucking company, or other potentially liable parties). For truck accident cases in Tennessee, the statute of limitations is typically one year from the accident date. In the case of a truck accident that results in a wrongful death, the deadline is one year from the date of the accident victim’s death.
Tennessee's one-year statute of limitations is a strict legal deadline for filing a lawsuit. Failing to initiate legal action within this timeframe can result in losing your right to seek compensation for injuries and damages arising from the accident. A few exceptions to this deadline may shorten or lengthen the time you have to file. So, it is essential to consult with an attorney promptly to protect your legal rights and navigate the complexities of your case.
Why Should I Hire a Lawyer for My Truck Accident Claim?
When you hire a truck accident lawyer with Wright Gray Law Firm, we will begin right away to gather evidence and build a strong case to support your claim. Our lawyer can assist you in the following ways:
- Investigate the accident and offer legal advice
- File preservation orders with the trucking company, truck owner, or truck driver to secure evidence, including inspection reports or truck driver logs
- Identify the cause of the accident and all liable parties, including trucking companies, government agencies, and cargo loaders
- Gather witness testimony
- Hire accident reconstructionists, and medical, engineering, and financial experts to bolster your claim
- Enter into negotiations with insurance companies for a fair settlement on your behalf
- File your case in civil court if the insurance companies refuse to offer a fair deal
- Represent you in court and advocate on your behalf should your case become a truck accident lawsuit
- Provide peace of mind so you can focus on your recovery
Connect with a Memphis Truck Accident Attorney
The Memphis trucking accident attorneys at Wright Gray Law Firm have the right resources and expertise to represent you in your truck accident injury case. We will use our knowledge and experience to gain access to relevant information and ensure that your rights are protected. With us at your side, you can count on positive results.
Contact the Memphis Truck Accident Lawyers at Wright Gray Law Firm Today
If you or a loved one suffered injuries in a truck accident, don’t accept a settlement offer from the insurance company without first hearing what your case is worth. Insurance companies are notorious for under-valuing accident claims. Plus, multiple parties may be at fault, from which you may seek additional compensation.
You can trust the Memphis truck accident attorneys at Wright Gray Law Firm to handle your case professionally and thoroughly. We will do everything in our power to seek justice on your behalf. Contact us today at 504-500-0000 or through our online form, and let’s discuss your truck accident during a free and confidential case consultation.
If you have suffered from a truck accident, we offer free consultations so that you can be informed about the process before moving forward. There's no obligation to sign anything until you feel comfortable with the details. Give us a call at 504-500-0000 or fill out our online contact form below.
Client Testimonial
"My experience with this law firm was outstanding! Rosalyn Dobbins is an exceptional Attorney who puts her clients first. This is a top-notch personal injury law firm, and the entire team is spectacular. I would recommend this law firm to any of my friends, family, or associates because I am 100% sure they will be well taken care of." Colleen C. ⭐⭐⭐⭐⭐
Wright Gray Trial Lawyers - Memphis Office
5050 Poplar Ave Suite 1925
Memphis, TN 38157
P: 504-500-0000
