Proven Clarksville Truck Accidents Attorneys Ready To Assist You
As the oldest and largest law firm in Clarksville, Tennessee the Law Firm of Batson Nolan handles Commercial trucking accidents that result in serious personal injuries or death to our clients and their loved ones. Our Clarksville truck accidents lawyers have protected our clients throughout Tennessee and Kentucky for over 150 years obtaining the maximum recovery possible for their injuries while providing peace of mind following a traumatic trucking accident. We want to help you and your family.
Automobile accidents involving large commercial trucks are referred to as tractor-trailer accidents, 18 wheeler accidents, or simply trucking accidents. Regardless of the term used, commercial truck accidents are serious and present an unacceptable risk of serious injury and death to other motorists across Tennessee and Kentucky.
Collisions involving commercial trucks, or other large freight carriers, often are more severe than ordinary car accidents and may inflict serious injuries. Personal injuries resulting from these accidents commonly include serious neck injury, back injury, closed head injury, brain injury, spine or spinal cord injury, shoulder injury, internal injuries, and fractured bones. All too often trucking accidents involve fatalities. If you have been a victim of a trucking accident contact a highly skilled and proven Clarksville truck accidents attorney.
Statistics Regarding Commercial Trucks
Although an accident with a commercial truck/tractor-trailer can occur anywhere, statistically most accidents occur on the highways and interstates where the truck is usually traveling at a higher rate of speed making a collision more significant. Additionally, even when an accident occurs while the speed of the commercial truck is low, the weight of the truck and its freight alone make the likelihood of serious injury and/or death much greater when a collision occurs. An average passenger automobile weighs around 3,000 pounds while a fully-loaded commercial truck may weigh in excess of 60,000 pounds. Because of this extreme disparity in size and weight, any accident between a commercial truck and a passenger vehicle is usually a serious accident. Because of this, it is very important you contact the experienced Clarksville truck accidents attorneys at Batson Nolan PLC.
The citizens of Tennessee and southern Kentucky are not immune from the extreme dangers presented by large commercial trucks on the roads in our communities. When large trucks make deliveries in rural areas throughout Tennessee and Kentucky the danger of an accident is significant as the truck driver usually is not a resident of the community and is unfamiliar with the area. Further, in rural areas the roads are often smaller, and turns are often tight making operating a large commercial truck more difficult and dangerous to other motorists.
Truck Drivers and Standard of Care
In accord with these dangers, the laws of TN and KY each place a standard of care upon the drivers of commercial trucks in their operation of big-rigs/tractor-trailers upon our roadways, and upon the companies that employ truck drivers and/or own these vehicles. At a minimum, truck drivers must be aware of their surroundings, keep a proper lookout for other motorists, obey traffic laws and regulations placed upon commercial trucks, and exercise due care at all times for other motorists. Similarly, companies employing truck drivers and/or owning commercial trucks used in transporting and delivering commercial freight are required to carefully select and hire competent and capable drivers to operate these large commercial vehicles, and ensure that they are properly trained and will obey all trucking regulations.
When the applicable standard of care is violated in the manner by which a commercial truck has been driven, or in the selection, training, and/or negligent retention of a negligent, careless, or unqualified driver, the law provides for damages to compensate innocent victims like yourself, and in proper cases, to punish and deter the conduct of the drivers of these trucks and the companies for whom they work, and/or who own the vehicles.
How Long Do I Have to File a Claim in a Truck Accident Case?
If you or a loved one has been in a truck accident, the clock is ticking. Tennessee’s statute of limitations restricts your ability to file a suit if you wait too long.
What Statutes of Limitations Apply to Truck Accidents?
A statute of limitations is a set period in which you must file a claim for injuries sustained in a trucking accident. After the set period ends, you will no longer be able to file a lawsuit against the responsible party. In Tennessee, truck accident claims generally fall into three categories. The circumstances of your case will determine the amount of time you have to sue. The following statutes of limitation apply to truck accidents:
- Personal injury claims: Plaintiffs have one year from the date of the accident.
- Wrongful death claims: Plaintiffs have one year from the date of the death.
- Property damage claims: Plaintiffs have three years from the date of the accident.
When you work with an experienced truck accident attorney, they can help you meet the application deadlines so you don’t lose your opportunity to seek compensation.
Are There Extensions to Tennessee’s Statute of Limitations?
Yes. However, such extensions are very rare. You should consult a Tennessee lawyer to help determine your eligibility. The statute of limitations for truck accidents may “toll,” or pause, if one or more of the following circumstances exist.
If the person or persons injured in the trucking accident were under the age of 18, then the one-year statute of limitations is inapplicable. The time for filing the lawsuit tolls until the victim or victims reach the age of majority. Once 18, plaintiffs have one year to file suit.
An extension may apply for trucking accident victims rendered physically or mentally incompetent to file suit. The statute of limitations tolls until the victim recovers. An example of this exception in the context of trucking accidents might be a victim with head trauma who is in a coma. Once recovered, the victim has one year to file suit.
In some instances, a plaintiff’s time limit to sue tolls if the defendant is out of state and cannot be located. However, you will have to show the court that you made a diligent effort to locate the driver.
The discovery rule applies when the victim is unaware of their injury until after the one-year statute of limitations has run. It applies in cases where the victim, through no fault of their own, does not realize the extent of their injuries. For example, certain neck and spine injuries may not manifest until months or even years after the initial injury. In such events, the victim has either one year from the date they discover the injury, or one year from the date on which they reasonably could have discovered the injury.
Our Springfield Trucking Accident Attorneys WIll Fight for You
If you are a victim of a trucking accident it is important that you speak with a knowledgeable trial attorney experienced in handling trucking accident cases. The trial attorneys of Batson Nolan have decades of combined experience in handling truck accidents for clients like you. A Clarksville truck accidents attorney from our firm is tough, diligent, and thorough. We will answer all of your questions and immediately start the process of recovering the damages that you deserve to be paid. In doing so, we will guide you through each step of the process as we understand your situation, your concerns, and your needs. We welcome the opportunity to speak with you to answer your questions and to begin the process of recovering your damages. All consultations are free of charge, and we are available now to speak with you either over the telephone, at our Clarksville or Springfield offices, or at another location if you desire. Or you can contact us online to schedule your consultation.
If You have been injured in a trucking accident the lawyer of Batson Nolan want to help you and your loved ones.
Call our proven Clarksville Truck Accident Lawyers (931)-647-1501
Frequently Asked Questions (FAQs)
What are the common causes of truck accidents?
Truck accidents can be caused by a number of circumstances. Some of the most common causes of truck accidents include:
- Driver fatigue is caused by driving too many hours, and compensation systems that encourage more hours for greater pay
- Inadequate training of truck drivers regarding driving technique and safety concerns
- Unrealistic schedules and expectations of trucking companies that encourage unsafe driving behaviors like speeding
- Impaired driving is caused by alcohol, drug use, prescription drugs, or over-the-counter medications
- Poor truck maintenance results in tire blowouts, faulty brakes, or other problems that result in accidents
- Distracted driving caused when bored truckers text and drive, eat while driving, or take part in other distracted driving behaviors to break up the monotony of driving
- Defective trucks or truck parts that cause an accident or cause the truck’s safety features to fail
- Improper cargo loading that results in cargo falling off of the truck, causing the truck to tip over or jackknife
Because truck accidents can be linked to a variety of factors, it is important to conduct a thorough investigation to determine the factors that contributed to the accident.
Who is responsible for my truck accident injury?
Who is responsible for your truck accident injuries depends on the specific circumstances involved in your case. Depending on the facts surrounding your case, the trucking company, truck driver, truck manufacturer, company that sold the truck, auto parts manufacturer, truck leasing company, cargo loader, or the mechanic who made repairs to the truck may be responsible for your truck accident. A truck accident lawyer can review the facts surrounding your case to identify all potentially responsible parties.
What damages can I recover in my Clarksville truck accident case?
Tennessee law permits truck accident victims to recover the full extent of the damages that they suffer. Some of the damages for which you may be able to recover monetary compensation include the following:
- Property damage
- Past medical expenses
- Reasonably anticipated future medical expenses
- Lost wages
- Loss of future earning capacity
- Permanent impairment
- Pain and suffering
- Loss of ability to enjoy life
What federal or state trucking regulations may impact my case?
Because trucking companies are regulated on the federal level, there are many rules that they must follow. This makes accidents involving trucks much different than other types of motor vehicle accidents. Trucking companies and truckers must comply with hours of service rules that require drivers to limit the number of hours they work each day and week. These rules also mandate breaks at certain times to reduce the number of accidents involving fatigued drivers. Truck drivers are required to keep a log of the miles that they have driven and other important information. There are also drug and alcohol testing requirements with which they must comply. Trucking companies and cargo loading companies must follow rules related to properly loading cargo based on weight, size, length, width, and height limits. Our experienced Clarksville truck accidents lawyers can investigate your case to determine if any state or federal regulations were violated and how these violations may impact your claim.
How long do I have to file a claim in a truck accident case?
Tennessee’s statute of limitations limits the amount of time you have to file a lawsuit against the responsible parties. By law, you have only one year to file a lawsuit against the responsible parties. Do not hesitate to contact an experienced Clarksville truck accidents lawyer to preserve your right to recovery.