Johnson City Truck Accident Lawyers

Many different factors can lead to a truck crash. If warranted, our trucking accident lawyers will investigate thoroughly to understand what caused the accident and identify who is responsible.

The first individual whose actions need to be examined in the wake of a trucking accident is the driver of the truck. Commercial truck drivers are bound not only by the rules of the road but federal regulations that govern multiple aspects of operations. Devastating crashes can occur when truck drivers fail to follow these regulations.

A truck accident attorney can hold the driver accountable for errors such as:

• Driving while fatigued
• Failure to yield
• Distracted driving
• Errors and illegal maneuvers when turning
• Following too closely
• Reckless and aggressive driving
• Driving under the influence of alcohol or drugs
• Failure to inspect the truck and its cargo before a trip

Errors on the part of the trucking company can also cause crashes. Our trucking accident attorneys will obtain and review records to determine if the carrier hires qualified drivers, provides adequate training, enforces hours of service regulations, screens drivers for health issues and substance abuse, and more. Negligence in any of these duties can lead to a crash for which the trucking company can be held liable.

Multiple additional parties may also be liable for a truck accident due to issues such as:

• Failure to maintain the truck: The individual or company that owns the truck and/or the trailer (an owner-operator, the trucking company, or a third party) can be sued if the rig is not properly maintained and an accident ensues as a result.
• Negligent repairs: Both the owner and/or the party responsible for servicing the truck may be liable for accidents caused by substandard repairs.
• Mechanical failures: The failure of any component on an 18-wheeler can be disastrous. If a part on the truck was defective, our lawyers can bring a product liability claim against the manufacturer.
• Errors in loading and securing cargo: Cargo needs to be loaded and secured in accordance with the rules set forth by the Federal Motor Carrier Safety Administration (FMCSA). Shipping companies face liability for crashes caused by unsecured and improperly loaded cargo. Liability for an accident may also extend to the truck driver and his employer if the cargo was not inspected and secured.

Truck accidents are complex events. A host of different errors can lead to a catastrophic crash. The trucking accident attorneys at The Haynes Firm consider it their duty to get to the bottom of the accident and hold all of the responsible parties accountable.

For the occupants of passenger vehicles, truck accidents often result in serious and even life-threatening injuries. In this situation, your first and only priority is getting help and medical care. Wait for first responders to arrive so they can assess your injuries, extract you from the vehicle, and (if necessary) take you to the emergency room.

However, if you can safely stay on the scene after a trucking accident, there are a number of important steps you should take to protect your legal rights and start building your case:

1. Take photographs. Photograph all pertinent details at the crash scene, including damage to the vehicles, debris in the roadway, your injuries, weather conditions, lighting, etc.
2. Speak to witnesses. Ask eyewitnesses to describe what happened and get their contact information.
3. Exchange information with the driver. Be sure to get the truck driver’s name and phone number, as well as his or her personal insurance information. If the driver is an employee of a trucking company, you will need the name and contact information for the employer and the insurance carrier for the company.
4. Provide a statement to the police. Crashes resulting in injury, death, or more than $1,500 in property damage must be reported (see Tennessee Code § 55-12-104). Truck accidents are highly likely to meet one or more of these criteria. As such, you should call 911 at the scene and answer the questions of the responding officer before you leave.
5. Seek medical attention. Make an appointment with your doctor or go to the E.R. the day of the crash. Injuries in a truck accident need to be promptly diagnosed and properly documented.
6. Contact a trucking accident attorney. You should talk to a knowledgeable lawyer as soon as possible. Truck accident claims are complicated, and it is crucial to have experienced guidance and support.

Commercial carriers and their insurance companies will not waste any time in the aftermath of an accident. They will launch an immediate investigation and take possession of the truck, trailer, and cargo. All of these steps will enable them to start building a defense before you’ve even had a chance to recover.

Until you speak to an attorney, no one is protecting your rights and interests. A Johnson City truck accident lawyer at The Haynes Firm will get started on your case right away. We will investigate the scene and collect all relevant evidence, then take on the truck driver, trucking company, and any additional parties on your behalf.

Trucking accident litigation is very different from claims involving other types of motor vehicles. Some of the reasons truck accident cases are so complicated include:

• Multiple defendants. Where car accidents typically involve just one at-fault driver, defendants in a truck accident claim may include the truck driver, a commercial carrier, third-party mechanics, the shipping company, the manufacturer of the truck and/or its parts, and others.
• Complex liability. When multiple defendants are at fault, arguments inevitably arise as to who is responsible. The finger may even be pointed back at you.
• Federal trucking regulations. Chapter 49 of the Code of Federal Regulations governs commercial trucking in the United States. The duties established by this legislation are complex, and advanced knowledge is required to pinpoint negligence on the part of drivers, trucking companies, and other entities in the event of a truck accident.
• Serious injuries. Any crash can result in a life-altering injury. However, truck accidents have a much higher rate of serious and catastrophic injuries. The more severe an injury is, the more documentation is required to accurately establish the total impact on your life.
• Fatalities. Proportionally, truck accidents have a much higher rate of fatalities than most other collisions. Wrongful death claims require specialized experience and knowledge to handle effectively.
• Substantial damages. The costs associated with a truck accident are immense. You may be entitled to significant compensation for your losses, but accurately calculating the damages you have sustained to date and are likely to incur in the future presents a challenge that requires qualified legal counsel to address.

Given the complexities involved, it is crucial to seek out legal representation after a truck accident. Attorneys at The Haynes Firm have more than 70 years of combined experience and a number of accolades in recognition of our exceptional legal service and results.

We are also experienced trial lawyers who will never hesitate to take on large and powerful defendants in the courtroom. This includes trucking companies, their insurers, and more.

Negligence is the failure to exercise the appropriate level of care in a given situation. A simple example is speeding. Drivers have a duty to obey the speed limit. When a motorist drives too fast and causes an accident, he can be held liable for the injuries and damages sustained by others in the crash.

Violations of state and local laws and the Code of Federal Regulations may constitute negligence on the part of a truck driver and others involved in commercial trucking. However, actually proving it can be difficult.

Truck accident lawyers at The Haynes Firm will gather all available evidence to prove liability in your claim. Valuable evidence in your case may include:

• Photos of the accident scene
• Eyewitness testimony
• Your medical records
• The police report and other investigative documents
• Video footage of the crash (if available)
• Electronic records (such as data from the truck’s “black box,” the driver’s cell phone records, etc.)
• Testimony from expert witnesses
• Employment records, inspection and maintenance reports, and other trucking company documentation

Much of the evidence needed in a truck accident claim is in the possession of the trucking company. Our trucking accident attorneys will take steps immediately to ensure that all documents, data, and other evidence is preserved.

Compensation in a truck accident claim is calculated based on your financial losses (known as economic damages) and the impact on your quality of life (known as non-economic damages). It is extremely important to hang onto any and all medical bills, receipts for medications and medical supplies, earnings statements, and other documentation showing the money you have lost as a result of the truck accident. You also need to be prepared to identify all of the ways your injuries have affected the way you live and work.

A Johnson City trucking accident lawyer at The Haynes Firm will evaluate the evidence in your case and pursue compensation for damages such as:

• Medical bills
• Lost wages
• The cost of ongoing treatment, rehabilitation, therapy, and travel for medical care
• Loss of earning capacity
• Out-of-pocket expenses for assistive devices, household services, etc.
• Pain and suffering
• Emotional anguish and distress
• Disability
• Permanent scarring and disfigurement
• Loss of the enjoyment of life

It may be possible to negotiate a settlement that fairly compensates you for your losses. However, it may be necessary to file a lawsuit and, ultimately, go to trial to recover the compensation you deserve.

The Haynes Firm has the experience, knowledge, and resources to represent you effectively at the negotiating table and in the courtroom. Our trucking accident attorneys are seasoned trial lawyers with a history of winning on behalf of good people who have been harmed through no fault of their own.

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