Trucking Accidents

18-wheelers greatly outweigh most cars, trucks, and SUVs.  For this reason, 18-wheelers are difficult to control and maneuver.  They provide poor visibility, make wide turns, and require longer braking distances.  Most accidents involving 18-wheelers result in significant property damage and horrific injuries including death. 

What Should I Do If I Am Involved In A Wreck ?   

CALL THE POLICE.  Get the name, address, telephone number of: all drivers and passengers, witnesses, registered owners of the vehicle (if different from the driver).  Make sure you identify both the hauling company, the owner of the material being shipped, and the driver’s company.  Also, obtain the other driver’s insurance company and insurance policy number.   Make a note of the accident location, as well as, any injuries sustained by you or anyone else involved in the accident.   Make sure you get the officer’s name and the accident report number.   Note any statements made by the other driver or passengers.   This is especially important if they admit if they were at fault or using drugs or alcohol.  Report the accident to your insurance company as soon as possible.   Finally seek medical attention for all of your injuries immediately.  For more information, call one of our experienced car wreck attorneys.

What Are My Damages?

Tennessee allows victims to claim two types of damages, compensatory and punitive.   Compensatory damages are calculated by adding together the victim’s medical expenses, pain and suffering, lost wages, and property damage.  Punitive damages are awarded in circumstance where a defendant’s reckless driving merits “punishment” or when a defect caused the accident.   Your recovery of damages may be limited by the other driver’s insurance policy.  For more information, call one of our experienced car wreck attorneys.

How Do I Recover For The Damages the Other Driver Caused?

In rare cases, a lawsuit will not be necessary.   However, a lawsuit is usually necessary for you to receive the full value of your damages.   The lawsuit is filed in the county where the accident occurred or where the defendant resides.   Once filed, you become the plaintiff and the other driver is called the defendant.   Unlike most T.V. shows, it may take several months or even years for your lawsuit to go to trial.  Along the way evidence is collected, depositions are taken, and you may attend mediation.   For more information, call one of our experienced car wreck attorneys.

What Is A Deposition?

A deposition is a meeting of the parties where a lawyer for the plaintiff asks the defendant questions about how the accident occurred.   The defendant’s lawyer also gets to ask the plaintiff questions about the accident and the damages claimed by the plaintiff.  Additional depositions may be taken from the plaintiff’s treating physician or witnesses to the accident.   For more information, call one of our experienced car wreck attorneys.

What Is Mediation?

Mediation is when the parties agree or the Judge orders the parties to meet with a neutral third party (usually a lawyer) who attempts to resolve the case.   The mediator listens to both sides and then the parties negotiate with each other through the mediator.  If the parties are unable to agree on damages, the case proceeds to trial.   However, if the parties are able to agree, the case is settled. For more information, call one of our experienced car wreck attorneys.

What If The Defendant Does Not Have Insurance?

Your insurance coverage may include what is called “uninsured/underinsured coverage.” This type of insurance covers you in the event that the defendant does not have insurance or has less insurance than is necessary to cover your damages.  When a lawsuit is filed, your insurance company will be notified.   In the event the defendant does not have sufficient insurance, your insurance company will retain a third attorney who will defend their interest under the uninsured motorist policy.   The insurance policy will only pay damages in an amount that does not exceed the limits of your policy.  

 What about a Rental Car?

Whether you are entitled to a rental car depends on your insurance policy.   For more information, call one of our experienced car wreck attorneys.

What If My Car Is Totaled ?

If you are involved in an accident with an 18-wheeler, more than likely, your car will be totaled. Your insurance company will only pay what the car is worth.   They will not pay what you owe.   In many cases, you will be paid less than what you owe on the car. This is because the insurance company can deduct from the value of the car such things as previous accidents and normal wear and tear.   For more information, call one of our experienced car wreck attorneys.

 What Happens If My Insurance Company Makes Payments To Me As A Result of The Accident?

             The insurance company then has a “subrogation right” for all payments made to you as a result of the accident.   A subrogation right simply means that if you recover damages from the defendant, you will have to pay your insurance company back what they have paid to you.   You may also be asked to cooperate with your insurance company if they sue the other party.   In some cases, a subrogation interest may be reduced.     For more information, call one of our experienced car wreck attorneys.