Filing a Truck Accident Claim?
Nashville Truck Accident Lawyer Explains Trucking Laws and Liability
When trucking companies, truck drivers or manufacturers fail to perform their jobs, they put everyone on the road at a critical risk for severe injuries and even wrongful death.
James 2:10 says, “For whoever keeps the whole law but fails in one point has become accountable for all of it.” Nashville truck accident lawyer Stanley A. Davis has battled with insurance companies that wrongly denied his clients’ claims or tried to offer unfair settlement amounts. He has recovered many notable verdicts and settlements for people injured by trucking negligence, including significant awards for clients injured due to driver and company negligence. Stan will find out if and what laws were broken in your truck accident case, and he will make sure that the justice system holds those at fault responsible for their devastating mistakes.
Did the Truck Driver or Trucking Company Break the Law?
A collision involving a car and a commercial vehicle, such as a semi truck or a commercial bus, are not just large car accidents. Trucking companies must follow maintenance standards and drivers must keep logs of their Hours of Service (HOS). Both the company and the individual driver must follow regulations that protect the public from unsafe commercial vehicles and unsafe operating procedures.
Your attorney must address a number of legal complexities when making sure the driver and their company followed trucking regulations. This includes confidently finding answers for such common issues like:
- Did a certified mechanic annually inspect the truck? Did the inspection include checking the brakes, lights, tires and other crucial mechanical systems?
- Does the driver have all the required documentation, such as a physical qualification health card, current driver’s log or shipping papers for any material deemed hazardous?
When dealing with an accident involving a commercial vehicle, your best move is to get the experienced assistance of a truck accident lawyer in Nashville who knows the statutes that regulate the trucking industry. Many of these companies are often located out of state from where the accident occurred, and a thorough knowledge of federal and state trucking laws is required when negotiating with these companies. It is also important to work with an attorney who stands by his clients and does not get intimidated when the insurance company tries to haggle.
Nashville attorney Stan Davis has been dealing with the less-than-honest tactics of these companies for years and continues to be committed doing all he can to help his clients receive fair compensation for their injuries and medical expenses.
What Happens During a Truck Accident Lawsuit?
The litigation process essentially begins when the truck accident occurs. The truck driver’s employer will send investigators to the scene of the crime as quickly as possible after the accident. These professionals observe the accident and begin making a case to mitigate any company responsibility, whether that means blaming the weather, roadway conditions or even you, the victim.
Proving who is liable is a difficult issue as well since a number of factors can come into play when determining which party is at fault. The truck driver may appear to be the one obviously responsible, but if, for instance, the company did not investigate the driver’s background properly or placed the individual in a dangerous situation with unreasonable shipping deadlines, the employer may be responsible.
Additionally, the trucking company or manufacturer of a specific part maker may be at fault if the component failed to operate correctly. Each of these defendants may try to avoid responsibility, so it is important to identify the at-fault party or parties as soon as possible to lessen the time they have to build their defenses.
How to Preserve Evidence
Trucking companies prepare for these situations, and their first response is to try to avoid liability. This means that these companies may attempt to cover up or even destroy evidence to limit the risk of victims filing personal injury lawsuits.
Before worrying about the evidence, you must first seek medical attention. Even if you do not believe you sustained any severe injuries, there is still a chance that they may turn into serious health complications later on.
After this, you and your attorney must begin securing evidence by taking the following measures as soon as possible:
- Get the Department of Transportation (DOT) license number and any other important information about the cab and trailer.
- Record the truck driver’s information, such as the driver’s name, license number and any insurance information.
- Write down the names and contact information of anyone else involved in the crash as well as any witnesses.
- Take pictures of the vehicles involved in the collision, the crash scene and any skid marks or damages to the surrounding area.
- Call attorney Stan Davis at (615) 845-6141, so that he can provide additional legal advice. He can also get started gathering evidence on your behalf immediately.
After completing these first steps, your truck accident attorney will send a letter and contact the trucking company and its insurance carrier, demanding that they preserve all evidence. Once an attorney gives the company notice that you intend to pursue legal action, the court will penalize the company on your behalf for destroying or losing evidence. This is one reason why your lawyer has to act right away before any evidence is lost or destroyed.
How Much is My Semi Accident Worth?
Immediate medical expenses should not be the sole determinant of damages in a truck crash. You may be entitled to compensation for pain and suffering as well as for future medical costs and lost wages. Your attorney with experience handling Nashville truck accidents must help ensure you receive a fair amount of compensation by calculating both the past and future expenses you may have related to your injuries. In his work, Stan Davis has gained compensation for:
- Medical bills
- Lost wages
- Loss of future wages and earning potential
- Pain and suffering
- Funeral expenses
- Loss of consortium
- Loss of quality and enjoyment of life
Should I Go to Court, or Take the Truck Accident Settlement?
Some cases can result in a settlement, though in some circumstances, the defendants choose to go to trial. The type and amount of compensation depends on numerous factors, such as the victim’s medical expenses, potential earnings lost by the victim and pain and suffering due to the injuries. The settlement may also cover funeral expenses if the accident resulted in wrongful death.
Although in some cases verdicts awarded by juries may be larger than settlements, the process will require expert witnesses, accident reconstruction and other costs of trial. No litigation is without its risks, which is why your semi truck accident attorney must thoroughly review all risks and potential benefits of settling a lawsuit verses taking it to trial.
How to Contact a Lawyer About Legal Action Following a Truck Accident
If you are trying to recover from injuries in a trucking accident, speak with Stan Davis by calling the Law Office of Stanley A. Davis at (615) 845-6141 to schedule a free consultation. You can talk with him and learn what is best in your situation.