What Does a Truck Accident Lawyer Do?

Commercial truck accidents can be far more devastating than regular car accidents – often resulting in serious injuries, property damage, or even fatalities. The damage these vehicles cause is often more severe because of their size, and the legal aftermath of a truck accident can be complicated and stressful. Having an experienced Nashville truck accident lawyer on your side is the best way to protect yourself as you try to put your life back together.

Here is a breakdown of what a truck accident lawyer does and why you should think about working with one if you were injured in a Nashville truck accident.

Investigating the truck accident

Truck accident lawyers often start cases by investigating the accident to determine who was at fault. One way truck accidents are different from most car crashes is that multiple parties could be responsible. Perhaps the truck driver was driving recklessly. Or a trucking company failed to maintain the vehicle, resulting in an accident. Maybe the cargo was loaded improperly, causing the vehicle to become unstable. When we investigate, we take all of these factors into consideration.

We will also review the police report from the accident, examine the site of the crash, gather evidence, and interview witnesses. For some cases, we might bring in experts, like truck accident reconstruction specialists, to get a better understanding of exactly how your accident happened.

Truck accidents also have different evidence than car accidents, which is why the investigation phase is so important. For example, many commercial trucks are equipped with electronic logging devices (ELDs), black box data, and GPS tracking. All of these systems can provide our attorneys with information about the truck’s speed, braking, and other details about the driver’s actions leading up to your accident.

Identifying liable parties

Another difference between truck accidents and car accidents is the involvement of multiple parties. In a car accident, usually, just the drivers are involved. However, in a commercial truck accident, several parties could be held responsible, including:

• The truck driver. Was the driver negligent? Were they speeding, driving under the influence, or driving distracted? If so, they can be held liable for the accident.
• The trucking company. The company that owns the vehicle might be held responsible if they failed to properly maintain the truck or if they forced the driver to violate safety regulations, like driving beyond their allowed hours. Also, if the company negligently hired someone with a dangerous driving record or inadequate qualifications, this could leave the business liable.
• The cargo loaders. If the truck was loaded improperly, it could cause the vehicle to tip over or lose control, making the loading company liable for the resulting accident.
• The truck manufacturer. If a mechanical failure, like faulty brakes or tires, caused the accident, the truck manufacturer could be at fault.

At Rocky McElhaney Law Firm, we work to identify all responsible parties and the amount of compensation you are eligible to recover. The more parties involved, the more complicated the case becomes, which is why it is so important to have a skilled attorney on your side.

Handling insurance companies

Those injured in Nashville truck accidents often find it difficult to work with insurers. Their goal is not to compensate you fairly for your losses. It is to pay you as little as possible. The insurance adjuster might try to get you to settle quickly – even before you are aware of the full extent of your injuries and damages. The adjuster may also try to place the blame on you for the accident as a way to reduce or deny compensation.

Our Nashville truck accident lawyers handle all communications with the insurance company. We negotiate on your behalf to try to maximize your compensation. Remember that insurance companies often have teams of lawyers working to minimize payouts. You need representation as well so that you can challenge them and push for a settlement that actually reflects your damages.

Determining the value of your claim

Another thing our Nashville truck accident lawyers do is determine the value of your case. To do so, we look at various factors, including:

• Medical expenses. Truck accidents often lead to costly medical bills, including surgeries, hospital stays, rehabilitation, and ongoing treatment. These bills are an important part of your damages.
• Lost wages. Your injuries might prevent you from working. If you are too injured to perform your job, you are entitled to compensation for lost income. In serious cases, where the injuries prevent you from working the same job, you may be entitled to lost earning capacity as well.
• Pain and suffering. Courts offer non-economic damages that compensate for physical pain and emotional trauma caused by the accident.
• Property damage. This includes the cost of replacing or repairing your vehicle and any other damaged personal property.

Determining the value of a truck accident claim can be complicated, especially if you suffered any long-term injuries or disability. Our experienced truck accident lawyers work with medical experts, economists, and other professionals to calculate the full extent of your damages.

Filing a lawsuit

Sometimes, our truck accident lawyers can settle with the insurance companies without having to go to court. In the event we are unable to reach a fair settlement, we can file a lawsuit on your behalf. A lawsuit involves the following phases:

• Drafting the complaint. The complaint is an outline of your case, including the details of your accident, the injuries you suffered, and the compensation you are seeking.
• Discovery phase. In this phase, both sides exchange information and gather evidence. This can involve depositions, where witnesses are questioned under oath, and requests for documents like maintenance records, driver logs, and other important evidence.
• Pre-trial negotiations. Even after filing a lawsuit, there can be additional negotiations to try and reach a settlement. Many cases settle at this stage, which avoids the need for a trial.
• If a settlement still cannot be reached, your case will continue to trial. Our truck accident lawyers will present the evidence to the court, argue your case, and fight for the compensation you deserve.

We understand that it can be stressful to go to trial. However, you do not need to worry – our skilled lawyers work to protect your rights every step of the way.

Understanding Tennessee trucking laws

Every state in the country has its own set of rules regarding how long a truck driver can be on the road without taking a break (known as Hours of Service rules), how much weight a truck can carry, and what safety measures a driver must follow. Violating these regulations can make a trucking company or truck driver liable for your accident. For example, if a driver was on the road for longer than their legally allowed hours and caused an accident by driving while fatigued, this could be an important part of assigning liability. Our truck accident lawyers know how to apply these regulations to strengthen your claim.

Why you need a Nashville truck accident lawyer

Once again, truck accidents are not like a regular car accident. Truck accidents typically involve more severe injuries, more complicated legal issues, and larger settlements than typical car accidents. The trucking companies and their insurers are prepared to fight to minimize their liability, which is why it is so important to have a skilled truck accident lawyer on your side. Let the truck accident lawyers at Rocky McElhaney Law Firm handle the legal work so you can focus on recovering from your injuries and getting your life back on track.

If you have been injured in a truck accident, do not wait to get the legal help you need. Truck accident cases are complex, and having an experienced Nashville truck accident lawyer from Rocky McElhaney Law Firm on your side can make all the difference in your case. Contact us today, and let us fight for the compensation you deserve while you focus on recovering from your injuries. Fill out our contact form to schedule a free consultation in Nashville, East Nashville, Hendersonville, Clarksville, or Murfreesboro.