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Semi-tricks are a common sight along I-26 West and I-81, two of the most heavily-traveled shipping corridors in Appalachia, but drivers should be cautious around these massive vehicles. Fully loaded, a commercial 18-wheeler weighs about 20 times what your car or SUV weighs, and if you’re hit by a negligent trucker, you could suffer disabling, life-threatening injuries while the trucker often walks away unscathed. Negligence plays a big role in semi-truck accident claims, and as an experienced Johnson City truck accident lawyer, we have seen this play out in many unfortunate ways.
Your damages from a truck accident may easily top six figures, and if you didn’t cause the accident, you have the right to demand fair compensation from the trucker and any other liable party. Our firm has years of experience successfully litigating complex truck accident claims and a long range of satisfied clients. We can help you hold the negligent driver accountable for the harm they caused and secure the money you deserve. Contact The Law Offices of Mark T. Hurt today for a free consultation.
You have the right to hold all accountable parties liable after a truck accident, but if you’re thinking about doing this yourself, you could face an uphill battle and run a big chance of not getting a settlement at all. First, the trucker’s employer or the trucking company they contract with could also be named as a defendant, which means preparing two cases. And, commercial carriers have a lot more resources than the average truck accident victim, including lawyers and insurance companies whose only interest is denying or minimizing your fair claim. Hiring our truck accident attorney shows the other side that you’re serious about asserting your right to compensation.
Our firm starts with a thorough investigation of the accident, collecting evidence to prove that the trucker, their employer, and any other party (like cargo loaders or a mechanic who didn’t complete a repair properly, rendering the truck unsafe) was negligent and therefore responsible for paying your compensatory damages. We base our case on Tennessee personal injury law, precedent set by case law, and strong evidence. We also work with experts, like medical experts, to testify about the extent of your injuries and what medical care is necessary for recovery, and accident reconstructionists to testify about how the accident happened.
You only have one chance to settle your claim. If you settle too early and realize later that your settlement doesn’t cover complications from your injuries or the full loss of earning potential, you can’t go back and ask for more money. That’s why it’s important to have your claim properly valued. Our firm uses financial and vocational experts, in addition to other expert witnesses, to properly calculate the economic impact of your missed work time, disability, and loss of quality of life from the truck accident. This is how we ask for the right amount at settlement negotiations or trial.
If you have been injured in a truck collision, our Johnson City truck accident lawyer can help you get the settlement you deserve. Contact The Law Offices of Mark T. Hurt today for a complimentary consultation.
The Complex Federal Rules and Regulations Covering Truckers
Truck drivers and trucking companies must comply with complex rules and regulations (the “Federal Trucking Regulations”) adopted by the Federal Motor Carrier Safety Administration (the “FMCSA”) under the federal Motor Carrier Act. These rules and regulations are designed to make trucking safer for the public, and include stringent regulations concerning safety, training, load inspection, and other matters.
One set of regulations adopted for interstate truckers is referred to as the “Hours of Service” rules and regulations, which limits the number of hours truck and bus drivers may drive over certain time periods (those of us who are non-commercial drivers can drive as long as we want). Among other matters, these rules and regulations prohibit truck drivers from:
In addition, truck and bus drivers must take a 30 minute break by their 8th hour after coming on duty.
The limitations on the number of hours that commercial truckers can drive during a day (or over a certain time period) were motivated in large part due to the number of accidents caused by sleep-deprived drivers. Before these regulations, truckers could drive as long as they wanted.
While all interstate truck drivers must comply with these regulations and must keep logs of their driving, many truck drivers nonetheless break these rules and drive while sleep-deprived, causing crashes, injuries and death.
As an example, according to a Washington Post article and a criminal complaint, the Walmart driver allegedly causing the crash that seriously injured actor Tracy Morgan had not slept in more than 24 hours prior to the crash. If this allegation is true, it is highly likely that the crash will have been caused in part due to driver fatigue.
As of December 18, 2017, truck drivers are required to use electronic logging devices (referred to as “ELDs”). These devices carefully track vehicle movement, and are designed to replace the paper log books that drivers historically were required to us to document the number of hours driven, stops, inspection points, and other matters to prove compliance with the Hours of Service and other rules and regulations.
It’s important to understand that truck drivers usually will have a strong incentive to break the Hours of Service rules and regulations, since they typically are paid based upon the number of miles driven. In the past, many truck drivers falsified the paper records to earn more money by exceeding the limit on the number of hours they could drive. While ELDs make it harder to falsify information, nonetheless some truckers still break the rules, and drive over the required hour limits.
As Tennessee truck crash lawyers, we are knowledgeable with the FMCSA and Federal Trucking Regulations, and are dedicated in seeking to uncover the truth about how a truck crash occurred. In a truck crash investigation, in addition to hiring accident reconstructionists, we will want to obtain all of the records relating to matters such as driver and safety training, vehicle inspection, and the ELDs.
In some instances, trucking company actions are egregious. They may hire drivers who don’t have licenses, or have a past history of unsafe driving (such as drunk driving). They may also “cut corners” by allowing unsafe vehicles to be driven in order to make more money.
In Tennessee, trucking companies may be liable for what are known as “punitive” damages if they act recklessly. Punitive damages are designed to punish companies that act in a reckless disregard to the safety of others, and, in a truck crash case, can provide additional compensation to injury victims and their families.
As an example, if a truck crash resulted from a truck having defective brakes, and the truck driver knew about this defect but chose to drive anyway, a jury may award punitive damages to the injury victim or the family who has lost a loved one. In large truck and bus investigations, we will want to determine whether a cause for seeking punitive damages exists.
We not only serve truck crash injury victims in Johnson City, but crash victims in the surrounding communities in northern Tennessee and southern Virginia.
In Johnson City, we note that U.S. Interstate 26 (known locally as “James H. Quillen Parkway”) cuts through town. As a major interstate, this highway has its shares of significant crashes, particularly as drivers are entering the highway, or seeking to exit. A number of other highways surround the town, which also are the scene of crashes.
If you or a family member are injured, or if a family member has been killed on any of these highways, we would urge you to contact us as soon as possible so that we can discuss how we can help.
Under the Federal Trucking Regulations, Act, those driving trucks over 10,001 pounds that carry non-hazardous waste must maintain minimum liability coverage of at least $750,000, which is usually 10 or more times the minimum amount of insurance required for passenger vehicles by most states. If oil or other hazardous materials are being transported, these minimum requirements may be $1,000,000 or more. In addition to these minimum coverages, most large trucking companies carry insurance with significantly higher levels of coverage, typically extending into the millions of dollars.
With these higher level of insurance, accident victims and families often have access to “deep pockets” which will better help them in obtaining full monetary compensation compared to other drivers, who may be uninsured or underinsured.
Once we learn about you case, we can explain how we will work tenaciously on your behalf in seeking full compensation for you and your family.
“We hired Mr. Hurt to help settle a worker’s comp injury case for my husband. Mark, Bart, and Mary worked tirelessly to resolve his case and reach a settlement we were pleased with. They were always available to answer questions and returned calls in a timely manner.“
