Tennessee Semi-Truck Crash Lawyers
Highway safety is an issue of great concern to most residents of Tennessee. In addition to personal injury and auto accident cases, our lawyers also handle accident cases involving trucking safety and trucking accidents. Semi truck and eighteen wheeler accidents present unique issues not necessarily associated with a typical motor vehicle accident. These differences include:
· Greater likelihood of serious injuries or deaths
· Negligent hiring and supervision claims
· Negligent maintenance claims
· Unique insurance coverage issues
· Governmental regulation
· Trucking records and Logs
With the explosion of trucks on Tennessee highways, accidents between cars, motorcycles, and semi-trailer trucks are on the rise. Truck accidents often occur when trucks are traveling in an unsafe manner or are loaded in an unsafe manner, causing injuries to other drivers.
The Federal Highway Administration (FHWA) was formed in the early 1980’s in an effort to curb the unacceptable number of fatal truck accidents occurring on highways in Tennessee and across the nation.
Laws were enacted that prohibited truck drivers from having more than one license. By 1992, truck drivers were required to meet minimum national standards in order to operate a tractor trailer. Once a driver met these standards, he was issued a Commercial Driver’s License ( CDL).
Today, to help reduce fatal Tennessee truck accidents, each truck driver is required to be licensed in his state of principal residence with his driving record kept in a centralized computer for access by each state.
The new laws also required each state to adopt uniform testing standards for commercial drivers prior to being licensed. A CDL is required to operate the following vehicles:
any combination of vehicles with a gross combination weight rating (GCWR) of 26,001 or more pounds, providing the GVWR of the vehicle being towed is in excess of 10,000 pounds;
any vehicle, regardless of size, designed to transport 16 or more persons, including the driver; and
any vehicle required by federal regulations to be placarded while transporting hazardous materials.
However, the following vehicle operators are NOT required to obtain a CDL:
farm equipment operators;
vehicles used to transport farm products, equipment or supplies to and from a farm;
vehicles used within 150 air miles of a farm;
vehicles not used in operations of a contract carrier; and
firefighting equipment operators, military vehicle operators, and recreational vehicle operators, if the vehicle is primarily used for personal use.
For certain vehicles, special endorsements are required. There are five possible CDL endorsements and one restriction, which require testing.
1. double/triple tractor-trailers
2. passenger vehicles
3. tank vehicles
4. semi-trucks carrying hazardous materials
5. combination tank and hazardous materials
6. vehicles with air brakes
Causes of Semi-Truck Accidents
The Federal Motor Carrier Safety Act (FMCSA), considered the driving force behind the regulation of the trucking industry to reduce truck accidents, covers issues such as driver qualifications, emergency equipment, safe loading, alcohol, and drug usage and a number of other factors. Some of the most common causes of trucking accidents include:
We understand the unique legal and practical problems associated with 18 wheeler accidents and other truck crashes and have experience dealing with the issues that arise in such cases. Our goals include protecting the individual where litigation is necessary, but also providing resources to help educate the public when injuries are caused by the negligence or carelessness of trucking companies, in hopes of increasing road safety. Contact us today for further information. We offer free initial consultations and work on a contingent fee basis, which means that there is no fee unless we successfully resolve your case.
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Tennessee Wrongful Death Lawyers.
In Tennessee, the “statute of limitations” in most claims involving personal injury and death is one year from the date the claim accrued. Some exceptions do exist under the law in certain circumstances.
For instance, the abovementioned time period may be extended for the claimant or claimants, including those who are minors or otherwise incompetent. Additionally, in some limited instances, such as when a medical professional conceals the incident of malpractice, victims that did not know, and could not have known of the malpractice until sometime after the incident can sometimes be allotted additional time under the law to file a lawsuit. The foregoing exceptions are fact sensitive and require the analysis of a qualified attorney to determine if they are applicable.
If you believe that your family holds a wrongful death claim, you should always seek the advice of an attorney without delay. In certain cases, there may also be other deadlines within the first year that may also impact the case. For example, claims against government entities may require that the entity or entities be put on “notice” much earlier than the statute of limitations period. Also, since expert and legal analysis must be done prior to filing a lawsuit, you should not wait until the statute of limitations period is nearing its end because the attorney may not have enough time to complete his or her review prior to its expiration.
There is another very important reason to contact an attorney right away. Memories of the event or events in question tend to fade in witnesses, potential witnesses may later be unavailable because they have moved, become incapacitated, etc.
If you believe you have a wrongful death claim, contact us today. We can help you gather evidence, understand the law, complete necessary paperwork, and build a convincing case. We offer free initial consultations and work on a contingent fee basis, which means that there is never a fee unless we successfully resolve your case.
Contacting us will also help alleviate some of the stress you may be experiencing.
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