If you suffered injuries in a truck accident, you are not alone in the fight to seek justice. In fact, according to the Federal Motor Carrier Safety Administration (FMCSA), at least one in five truck accident victims were hurt in 2018. Highway truck accidents, especially with 18-wheelers, are some of the most tragic because of the extreme impact they create at such high speeds. But 18-wheelers are not the only trucks causing severe injury. FMCSA data suggests delivery services are rapidly growing in demand, and as they do, they create the potential for more severe accidents.
Fighting a legal battle after a severe injury can leave you emotionally depleted and exhausted. You deserve to take the time after an accident with a truck to focus on your health. You need personal time to recover, and you may want to spend as much time as possible with your loved ones who can offer you support. This is why some victims of truck accidents seek legal assistance.
Additionally, some truck companies are staffed with large, highly skilled legal teams that begin a defense for trucking accidents the minute they happen. That is where a Memphis truck accident lawyer may be able to help. The personal injury attorneys at Ben Crump Law, PLLC help victims fight for the justice they deserve.
It is not fair that you should be injured by a negligent trucking company who might be able to evade liability and not be held fully accountable. Ben Crump Law, PLLC knows this and wants to help. If you were hurt in a trucking accident, know that you can turn to Ben Crump Law, PLLC for a free consultation. Call us at (800) 630-9229.
There is no obligation to work with us. We can discuss your legal options to move forward with us in your pursuit of justice. Further, our team will not ask for payment until we win for you. If our work does not yield a settlement in your favor, you do not pay us any fees.
Truck Accident Liability
After suffering injuries in a truck accident, the compensation you may be eligible for depends on the negligence policies of your jurisdiction. Fault and liability are determined using one of the following methods:
Under contributory negligence, when an injured party is partially liable for their accident and injury, they are completely barred from recovering any damages, regardless of their level of responsibility for the accident.
Under comparative negligence liability, parties are assigned fault based on their comparable level of responsibility for an accident. This simply means that, in an accident where both parties are equally responsible, each of them would be assigned 50% responsibility. In the instance that one driver may bear more responsibility than another, they are assigned a level of fault relative to that amount. For example, in an accident involving three separate parties, one driver may be assigned 30% responsibility, another 20%, and a third 50%. Whether or not any at-fault parties will pay or collect damages depends on whether their state follows a “modified comparative” or “pure comparative” negligence model.
Modified Comparative Negligence
Unlike contributory negligence, under “modified contributory negligence,” a victim who bears some responsibility for their accident is not immediately not barred from collecting damages. Whether the plaintiff can recover compensation is determined by their level of responsibility and whether it reaches the state’s cut-off point, which is usually 50%.
According to TN Code. § 29-11-100, Tennessee follows a modified comparative negligence policy, and the cut-off point is 50%. This means that a victim who is partially at fault may collect damages as long as they bear less than 50% of the fault for the accident.
Pure Comparative Negligence
Conversely, “pure comparative negligence” allows a plaintiff to collect damages from a defendant regardless of their level of responsibility. Therefore, if a plaintiff is 75% responsible for their accident, they may still collect 25% of 100% of their losses from a defendant.
Because Tennessee uses the modified comparative negligence model, you are not barred from collecting compensation if you are partially liable, so do not let that dissuade you from holding a trucking company responsible for what they have done. If you suffered injuries due to a negligent truck driver and feel overwhelmed in your fight, there is help.
For a free legal consultation with a truck accidents lawyer, call (844) 638-1822
How a Lawyer Can Help
A lawyer can help you seek compensation after a truck accident in a number of ways. They can begin by investigating your case to gather the necessary evidence for proving the liability of the negligent party. They can handle all communications with insurers and they will calculate both your economic and non-economic losses to get an idea of what fair compensation would look like in your case.
They can then begin negotiating for compensation with the negligent party’s insurer. If they cannot agree to fair terms, your lawyer can then begin to file a personal injury or wrongful death lawsuit on your behalf.
They can do all of this while you focus on your recovery and spending time with your family. You do not have to handle the legal process on your own during this trying time.
Truck Accident Lawyer Near Me (844) 638-1822
Call for Legal Assistance with Your Truck Accident Case
To learn more about whether Ben Crump Law, PLLC may be able to fight for justice on your behalf, give us a call today. With a Memphis truck accident lawyer behind you, you will not have to fight an intimidating trucking company alone. Call the offices of Ben Crump Law, PLLC today at (800) 630-9229 for a free consultation to see how we may be able to help you seek the justice you deserve.