Not all drivers may be fully aware of the major roles played by negligence and road safety in Tennessee motor vehicle accidents. These factors are, however, especially relevant in accidents involving commercial trucks, which can cause catastrophic injuries and may require complex legal actions to fully recover damages. As noted by Consumernotice.org, proving that a negligent semi-truck driver caused an accident is critical when you need to hold a commercial transportation company liable for damages.
Compensation for medical expenses, rehabilitation for disabilities and loss of life and wages are generally included in a jury’s verdict, but the degree of negligence must be shown. There are, however, factors that may contribute to a truck driver’s negligence that might be difficult to prove. Driver fatigue, impairment due to intoxicants and distraction caused by a mobile device may require evidence such as a traffic accident report or cell phone records. Improper cargo loading and poor maintenance may also be contributing factors.
Tennessee is a comparative negligence state. This means that if the trucking company’s defense team is able to prove that you somehow contributed to the accident, this may reduce the amount of liability held by the truck driver or the transportation company. In some cases, a trucking company may defend itself by claiming that its driver is an independent contractor rather than an employee. Requesting proof of its contract with the driver may, however, serve to prove otherwise.
The Tennessee Department of State and Homeland Security notes that there were 29,442 vehicle crashes on the Volunteer State’s roads in 2018. With the currently available technology, you may wish to consider equipping your vehicle with cameras to capture any accidents that may occur. This may help prove who is at fault should the need arise.
This information is provided for educational purposes only, and should not be interpreted as legal advice.