Nashville’s position as a major transportation hub means our roads are constantly busy with commercial truck traffic. However, these large and heavy-duty vehicles can put motorists at an increased risk of serious accidents. Victims of Nashville truck accidents are often left facing a long road to recovery, compounded by the stress of medical bills and lost income.
At Woodard Injury Law, our car accident attorneys in Nashville understand the regulations governing the trucking industry, the tactics used by insurers to minimize payouts, and the steps that you need to take to recover a fair settlement. If you were injured in a truck accident, contact our truck accident lawyers in Nashville to fight for the justice and compensation that you deserve.
Woodard Injury Law Stands Up to Truck Drivers and Their Employers
- Our dedication to achieving justice for Nashville truck accident victims has earned us numerous accolades. We’ve been recognized as the Best Car Accident Lawyer in Nashville for 2023 by Expertise and Super Lawyers 2023.
- Our firm leverages extensive investigatory resources to build the strongest possible case for our clients. We leave no stone unturned, examining accident scenes, vehicle data, and company records to establish liability.
- We prioritize your comfort and convenience by meeting you wherever you are. We will drive to your location for meetings and consultations so that you can focus on recovery, not travel.
Key Truck Accident Takeaways
We understand how stressful it can be to experience a big rig accident in Nashville. We’ve put together a list of key takeaways to help in the aftermath of your wreck.
- Truck accidents frequently cause serious injuries. You should seek medical attention and speak to a lawyer after experiencing a truck wreck caused by someone else’s negligence.
- Hiring a truck accident lawyer can be beneficial to you after a crash. They handle the weight of litigation as you recover physically from your accident. Our lawyers are not paid until they secure a positive outcome in your case, ensuring their interests are aligned with yours.
- You generally only have one year to file a lawsuit after a Nashville truck accident.
Meet Nashville Truck Accident Lawyer Aaron Woodard
Since 2005, attorney Aaron Woodard has fought for the rights of those harmed by negligent truck drivers and shipping companies. With over two decades of legal experience, he understands firsthand just how destructive a truck accident is for the victim and their loved ones. In addition to his years of legal experience, Aaron has a degree in Mechanical Engineering that offers him unique insights into mechanical failures, vehicular design flaws, and the physics of truck crashes.
Aaron founded Woodard Injury Law on three core principles: a client-focused approach, sufficient financial resources to fight large insurance companies, and the experience needed to win big. He treats every client like family and works diligently to secure the best possible resolution to each case he takes on. His efforts on the behalf of his clients throughout the years has earned him recognition by Super Lawyers and Expertise, among other awards.
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Serious Injuries Are Common in Nashville Accidents Involving Commercial Trucks
Truck accidents often result in severe injuries due to the size and weight of commercial vehicles; these trucks can weigh up to 80,000 pounds per federal regulations. These injuries can have long-lasting impacts on victims’ lives, requiring extensive medical treatment and rehabilitation.
Some of the most common serious injuries in truck accidents include:
- Traumatic Brain Injuries (TBI): The force of impact in a truck collision can cause the brain to collide with the skull, leading to concussions, contusions, or more severe forms of TBI. These injuries can result in cognitive impairment, memory loss, and personality changes, among many other potential complications.
- Internal Injuries: The force of a truck accident can cause severe internal injuries, including damage to organs like the liver, spleen, or kidneys. These injuries may not show any symptoms initially but can be life-threatening if left untreated.
- Burn Injuries: In accidents involving fuel spills or fires, victims may suffer severe burns. These injuries can be extremely painful, require multiple surgeries, and often result in permanent scarring.
- Amputations: In some cases, the severity of the impact may lead to the loss of the limb. If the limb is severely mangled or damaged, surgical amputation may be necessary after the accident.
- Spinal Cord Injuries: The tremendous force exerted in a truck accident can cause damage to the spinal cord, which may lead to partial or complete paralysis. These injuries often require lifelong care.
- Whiplash and Neck Injuries: The sudden, violent motion of a truck accident can cause soft tissue damage in the neck and upper back, leading to chronic pain and reduced mobility. This is also known as whiplash.
- Post-Traumatic Stress Disorder (PTSD): While not a physical injury, the trauma of a truck accident can lead to PTSD. This debilitating condition can cause flashbacks, nightmares, and an intense fear of driving or riding in vehicles.
How Is Liability Determined in a Nashville Truck Accident?
Determining fault in a truck accident is a complex process. There are often numerous parties that could be responsible, and because the injuries can be serious, it is critical to get the right understanding of all factors.
Fault is often determined by the police after the accident. In some situations, a full investigation is completed by the National Transportation Safety Board to truly understand what occurred. To determine who is at fault, the following details will help make a decision:
- Evidence from the scene of the accident, including debris
- Witness statements who saw what occurred
- Expert witness statements on the cause of the accident, especially in relation to defects
- Commercial trucking logs that document what was happening prior to the accident
- Medical reports from the drivers to determine if intoxication was a factor
- Accident reconstruction efforts
- Statements made by all parties involved
Your Nashville truck accident attorney will work quickly and diligently to investigate all factors involving your accident. This often includes examining every type of resource available and uncovering information that may not initially be available at the time of the accident.
How Modified Comparative Negligence Affects Truck Accident Claims
Tennessee follows a system known as modified comparative negligence. Even if a person is determined to have been partially at fault for their accident, they are still eligible to receive compensation for their injuries and damages. However, the amount of compensation they can receive is reduced proportional to the level of responsibility they bear in causing the accident. If a person is found to be 25% at fault for causing a truck accident in Nashville, the total amount of compensation they can receive is reduced by 25%.
You should never admit fault at the scene of a collision and should always seek the assistance of an experienced Nashville delivery truck accident attorney after a wreck. It’s possible that factors outside of your knowledge and control contributed to the crash, even if you feel a sense of responsibility for the incident.
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Your Options for Compensation After a Truck Collision in Nashville
After a truck accident in Nashville, you have several options for seeking compensation. The path you choose depends on the specifics of your case, the severity of your injuries, and the parties involved.
Truck accidents often involve multiple potentially liable parties, which may include:
- The truck driver, if their negligence caused the accident
- The trucking company may be liable for their employee’s actions, negligent corporate practices, or regulatory violations
- The truck manufacturer, if a vehicle defect contributed to the accident
- The cargo loading company, if improper loading led to the accident
- Government entities responsible for road maintenance, if poor road conditions or inadequate infrastructure played a role
In most cases, your first step will be to file a claim with the responsible party’s insurance company. This could be the trucking company’s insurer, the driver’s personal insurance, or even your own insurance if you have certain types of coverage. A lawyer from Woodard Injury Law can assess the factors that led up to the accident, the driver’s employment status, and the available coverage to determine whether you should pursue a claim and which insurance company or companies to file against.
If the insurance company fails to offer a fair settlement, or if your damages exceed policy limits, you may need to file a personal injury lawsuit. This legal action allows you to seek compensation directly from the responsible parties in court. The personal injury lawsuit process can be lengthy, but it is one of the most promising avenues to recover full compensation.
Is There a Limit on Damages in Tennessee Truck Accident Claims?
The state of Tennessee does not limit the amount of compensation you may receive for economic damages. You may be compensated for the amount of expenses or verifiable financial losses you suffered as a direct result of a Nashville commercial vehicle accident.
The state of Tennessee does limit how much compensation you may receive for non-economic damages. The maximum cap on non-economic damages caused by a truck crash is $750,000. There are some rare instances where this cap may not apply, so it is in your best interests to speak with an experienced attorney at Woodard Injury Law for assistance with your unique circumstances.
Should You Hire Our Attorneys for Your Nashville Truck Accident Claim?
Dealing with the aftermath of a truck accident can be overwhelming, especially when you are trying to recover from serious injuries. Although it is possible to handle a claim on your own, a lawyer has the time, skills, and resources to pursue compensation on your behalf while you focus on healing.
Truck accident claims are notoriously complex, involving multiple parties, intricate regulations, and high-stakes negotiations. The Nashville truck accident attorneys at Woodard Injury Law have years of experience navigating these situations, and we can cut through the confusion to clearly explain your legal options and what to expect next during the process.
Identifying the cause of your truck accident is one of the first and most important steps toward recovering compensation. Our lawyers know the common causes of truck accidents, such as driver fatigue, overloading, and inadequate maintenance. This knowledge allows us to thoroughly investigate your case, uncovering evidence that might otherwise be overlooked. We also know how to analyze driver logs, maintenance records, and company policies to identify potential regulatory violations that may have led to your collision.
Stacy L.
What Evidence Is Crucial for a Successful Truck Accident Claim in Nashville?
When filing a claim after a truck accident, the more information and evidence you can provide, the harder it is for the insurance company to refute your claim. Your truck accident attorney in Nashville will work with you to uncover all available evidence.
Beyond proving fault, you must demonstrate what your losses are. To do this, you may need to provide information such as:
- Medical documentation that indicates what your injuries are
- Information about medical expenses, including claims filed with your insurance
- Documentation of missed time at work
- Information that demonstrates the loss of earning capacity
- Medical expert opinions on factors such as prognosis and permanent losses you may have
- Evidence of pain and suffering, such as witness statements and expert opinions
- Documentation of mental health concerns, such as appointments with your therapist
Any type of loss you claim is documented with ample evidence. In doing so, it is possible to hold those responsible for the losses experienced. Your truck accident lawyer will have valuable insight to provide to you on what your losses are, as well as the types of evidence that can help you to navigate your rights.
Why is Black Box Data Crucial Evidence in a Truck Accident Case?
Most commercial vehicles contain an Electronic Control Module (ECM) or Event Data Recorder (EDR), referred to more commonly as a “black box.” These data-recording devices monitor driver performance and vehicle behavior, making this information incredibly useful for determining how and why a truck crash happened. Black box data can help prove that a truck driver was speeding, operating their vehicle outside acceptable hours of service windows, or driving aggressively in the moments leading up to a wreck. Your experienced Nashville truck accident attorney will review the black box data of the truck involved in your collision to determine whether it sheds light on why the accident happened.
$1.3m
Settlement
Settlement for client injured by commercial truck.
$600k
Settlement
Settlement for a delivery driver who was rear-ended by a careless driver operating a commercial truck.
How Long Do I Have to File a Truck Accident Claim in Tennessee?
The Tennessee statute of limitations is just one year. That means you have a single year to file a claim in a court of law for the losses you have that you believe the truck driver or other party caused to you. This is a very limited amount of time, especially if you have serious injuries that may take time for you to recover from.
Note that if you wait too long, you will have no legal recourse to recover damages. This is why it is so important that you turn to a Nashville truck accident attorney right away. Your attorney will need time to negotiate a settlement with the insurance company outside of court or to prepare to go to trial. Even if you are unsure if you have enough time to file a claim, reach out to your attorney immediately for guidance.
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Common Factors Resulting in Nashville Truck Crashes
Truck accidents can be caused by a number of factors. At Woodard Injury Law, we are incredibly familiar with commercial vehicle wrecks caused by:
- Hours of Service Violations: The Federal Motor Carrier Safety Administration (FMCSA) sets limits on how long a truck driver is allowed to operate their vehicle daily, to reduce the risk of crashes caused by fatigue. Drivers may not exceed 14 consecutive hours on-duty or more than 60 or 70 hours on-duty over a 7-day period, depending on their carrier’s schedule. Violations of hours of service regulations can easily result in a catastrophic and preventable wreck.
- Impaired Truck Drivers: Truckers operating their vehicle while under the influence of alcohol or drugs are frequently involved in serious crashes. Even some prescription medications can cause unsafe conditions due to side effects like drowsiness.
- Untrained or Unqualified Truck Drivers: In some cases, truck drivers are sent onto the road with minimal formal training. Driving a commercial vehicle is significantly more challenging than operating a traditional passenger car or SUV, and untrained drivers pose a very real risk to other motorists. In other cases, a company may erroneously hire a truck driver that does not meet the federal standards for the position, which can carry significant consequences if a collision occurs.
- Unsafe Commercial Vehicles: Improper maintenance or overlooked vehicle defects put a truck driver and everyone else on the road in danger. Vehicles that are not properly inspected and maintained are more likely to be involved in a wreck.
- Unsecured Loads: When a truck’s cargo isn’t loaded correctly, it may shift while the vehicle is in motion. This can result in cargo flying off the truck into the roadway or even cause the truck to rollover.
Areas We Serve in & Around Nashville
Our truck accident law firm is proud to provide legal services to residents of Nashville, including those in areas such as:
12 South | Antioch | Belle Meade | Bellevue | Bellshire Terrace | Belmont-Hillsboro | Bordeaux Area | Bradford Hills | Breeze Hill | Brick Church Bellshire | Charlotte Park | Cherokee Park | Cleveland Park | College Heights/Clifton | Crieve Hall | Donelson | East Hill | Eastwood | Edgehill | Fairlane | Five Points | Four Corners | Germantown | Glencliff | Green Hills | Hadley Park | Hadley/Washington | Harbour Town | Harpeth Valley Park | Haynes Area | Haynes Estates | Haynes Park | Hermitage | Heron Walk | Hillwood | Historic Edgefield | Historic Waverly | Inglewood | Lakewood | Lockeland Springs | Madison | McFerrin Park | Melrose | Midtown | Moss Creek | Music Row | Music Valley | Neely’s Bend | North Gulch | Northwest Nashville | Oak Highlands | Old Hickory Village | Parkwood Estates | Pie Town | Poplar Creek Estates | Porter Heights | Priest Lake Park | River Plantation | Rolling River | Rosebank | Rutledge Hill | Shelby Hills | SoBro | South Hampton | South Nashville | Summerfield Village | Sutherland Heights | Sunset View | Sylvan Heights | Sylvan Park | Talbot’s Corner | The District | The Gulch | Traceside | Una | West Meade | Whitebridge | Wedgewood-Houston | Woodycrest | Woodbine | Woodland in Waverly
Contact Woodard Injury Law Today for a Free Consultation
Truck accidents can be catastrophic, leaving victims facing overwhelming challenges. If you need help rebuilding your life following a collision, Woodard Injury Law can find your path to financial compensation. Our Nashville truck accident lawyers conduct an in-depth investigation to build a strong case on your behalf. Call or text (615) 216-5757 to connect with our truck accident attorneys in Nashville right away and begin your legal journey.