Bateman & Bateman, P.C. Attorneys Handle The Complex Litigation Involved In Truck Accidents
To obtain the maximum financial recovery for our clients, our Clarksville trucking accident attorneys use their full range of legal skills and highly technical trial techniques when litigating motor carrier cases. Complex incident facts are intertwined with state and federal laws. It is not unusual for trucking accidents to result in significant damages, catastrophic and/or complex injuries or even death. Our attorneys are AV Preeminent peer-review rated,* the highest rating, through Martindale-Hubbell, and they provide compassionate legal counsel to victims of trucking accidents. At Bateman & Bateman, P.C., we find innovative solutions to serious legal problems.
Here are a few of the most commonly asked questions we receive regarding Tennessee trucking accidents:
Do semi-truck accidents go to trial?
Yes and no. Semi trucks and other types of delivery and box trucks are very large and very heavy. When one of them collides with a much smaller vehicle, it is the smaller vehicle, passengers and driver who suffer the greatest impact and therefore the greatest injuries. So, while in some cases a settlement can be reached outside the courtroom, in other situations, when large sums – many times in the six- and seven-figure amounts – are pursued, a trial is necessary. At Bateman & Bateman, P.C., we investigate and collect all relevant evidence including driver logbooks and history, company records of training and safety issues, medical records, police reports and witness testimonies. We take the time to ensure that we have established liability to present the strongest cases possible under Tennessee law.
Who is liable in a truck accident: the driver or the company?
Unlike most people, who are in their cars running errands or dropping off kids, commercial truck drivers are on the job when they are driving. Because a Tennessee trucking company is responsible for the actions of its employees, training and shifts, and maintenance of the trucks, the company is most often the one who is liable when an accident happens. Depending on the details of the accident, there may be other parties involved who bear responsibility or partial responsibility. These are manufacturers, vendors and those who are responsible for road maintenance and safety.
How is fault determined in a truck accident?
There are three main variables that influence how fault is determined in these cases in Tennessee. There is law enforcement and what the official report says regarding what happened. There is the insurance company and its adjuster. There is also the court, which will weigh the evidence and determine fault and, therefore, negligence and liability.
Should I accept the company’s insurance settlement?
Probably not. Insurance companies in Tennessee and elsewhere are not in the business of paying out as much money as possible. In fact, the goal of the insurance company is to keep their bottom line and pay out as little as possible. Insurance company representatives are skilled, savvy and experienced. When they offer a settlement right off the bat, it may be tempting to take it. However, in the overwhelming majority of cases, your lost wages, medical bills and damage to your vehicle will be much higher than that initial offer when all is said and done. This is why having a skilled, savvy and experienced personal injury attorney on your side will help to level the playing field and prevent you from being left at a disadvantage.
How long do I have to file a claim?
Tennessee code states that any claim for personal injury must be filed within one year of the accident. For vehicle and other property damages you have three years, per the state code.
The Dedication, Experience And Focus Needed For Tennessee Trucking Accidents
Our personal injury attorneys at Bateman & Bateman, P.C., have the experience and level of expertise necessary to handle the sophisticated nature of trucking accidents in Clarksville. When it comes to your personal injury or auto accident case, our devoted lawyers go the extra mile to get results. For a free consultation, contact our law firm today at 931-647-5959 to discuss your trucking accident claim.
For more information regarding Federal Motor Carrier Safety Regulations § 395.8(k)(1), please click this link: Driver’s Record of Duty Status.
*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.