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Memphis Truck Accident Attorneys

Legal Advice on Trucking Accidents and Personal Injury Law

Trucking Cases in Tennessee

Approximately one million people are involved in and receive injuries through truck crashes in the United States each year. Thousands of innocent motorists are killed and severely injured by the negligence of semi-truck drivers and the trucking companies that employ them.

A tractor trailer  accident  often has very tragic consequences.  A tractor trailer can weigh more than 80,000 pounds and can go up to 75 feet in length. Considering these numbers, it is not shocking that truck accidents result in more grievous injuries and larger number of deaths than other traffic accidents. What is shocking though are the alarming truck accident statistics.

The United States Department of Transportation (USDOT) releases data about truck accidents, which is then published by many organizations as truck accident statistics. The roads of the United States witness over 500,000 truck accidents each year. Of these total truck accidents, a high number end in fatalities, with statistics putting the number of deaths due to truck accidents at about 5,000 each year.

Twelve percent of all traffic fatalities in the United States are caused because of truck accidents. Tractor trailer truck accidents are especially dangerous. In such truck accidents, an alarming 98% of the time, the passengers or driver in the other vehicle is killed as opposed to people in the truck.

In the US on the whole, there were 58,512 fatal auto crashes in 2008, of which 4669 were that of fatal big truck accidents. Statistics for 2008 show that truck accidents are more in rural areas (68%) than in urban regions (32%), with the weekends having the majority of all fatal truck accidents at 78%.

Driving under the influence of alcohol and other drugs is seen as one of the leading causes of truck accidents. But the truck accident statistics have another story to tell. As per statistics, only about 1% of all fatal truck accidents in 2008, in the US, could be attributed to a drunken truck driver. Truck driver fatigue though does play an important role in truck accidents, with more than 30% of all truck accidents caused due to truckers driving without taking enough rest and getting the required amount of sleep.

Truck accidents are uniquely different from other types of vehicle accidents for the following reasons:

  • Accidents with trucks usually cause serious injury or death - because of impact involving heavy tonnage.
  • Tractor trailer companies and their drivers will immediately begin extensive accident investigation and even crash reconstruction.  Many times, safety managers, insurance adjusters and attorneys will be called to the scene of the accident to interview witnesses, take pictures and to prepare the driver for his or her giving a statement to the investigating officers.
  • Unlike a Memphis car accident, a tractor trailer accident should involve an investigation of the following aspects of the trucking company or driver: hiring policies, drug and alcohol programs, safety protocols and guidelines, maintenance on the subject tractor, logs of the driver to assess issues of fatigue, mechanical defects of the tractor (brakes, tires, ect), health conditions of the driver including those impairing eye sight.
  • It is imperative that an immediate investigation be performed including photographing physical evidence at the scene, interviewing witnesses, photographing and performing an inspection of the respective vehicles, tractor and trailer, attending the court proceedings for any citation issued to the driver of the tractor trailer, conducting criminal background searches and MVR reports on the driver involved.

Multiple party claims often arise in trucking accidents, because multiple individuals or companies that can typically be held liable when a truck collides with a passenger car.  For example, the following parties could be subject to an accident claim:

  • The individual or company that owns the truck cab
  • A different company that owns the truck trailer
  • The driver of the truck
  • The trucking company employing the driver
  • Manufacturer of defective truck vehicle parts
  • Mechanics or maintenance company responsible for truck repair
  • County or state - for unsafe road conditions

Trucking is an industry heavily regulated under both federal and Tennessee state laws. Consequently, truck drivers and companies have the responsibility of complying with laws regarding cargo weight, equipment compliance, driver road test and medical clearance, drug and alcohol use, as well as background checks for employment history, driving record and criminal record.  In addition, drivers must adhere to a limited number of driving hours, and take scheduled breaks.  Trucks must pass inspection at specified intervals.

Trucking companies have their own policies and protocols, usually set forth in a handbook or manual.  This information is important as these policies and guidelines can be utilized to establish the standards of care for driver safety, the proper performance of various driver maneuvers and for determining the cause of an accident.  Also, many times you can locate the tests drivers took as part of their training with or orientation to their employer’s company.  This information can be compelling during a deposition or at trial.

Tractor-trailers and their cargo can weigh up to 80,000 pounds. This is a stark difference to an average 3,000 pound car or SUV. This unbalance often means a more serious injury to other drivers, both at high and low speeds.

The immensity of semi-trucks also creates several large blind spots. Motorists unaware of the blind spot locations put themselves at risk for a dangerous and costly accident. To avoid an accident, learn the blind spots. 

Truck drivers are professionals who have a higher degree of responsibility than other motorists do. The drivers and their employer may be liable for the crash. They rely on team of defense attorneys and insurance agents to ensure you do not receive the compensation to which you are entitled. 

As the victim of a truck accident, it’s very important that you immediately contact an attorney experienced in this area.   Within hours of an accident, the trucking company has already initiated its investigation and is gathering evidence, photographs and witness statements to use against you.  In order to protect your rights, you must also initiate an investigation and probably perform an accident reconstruction in order to prove your case.  With all that you are already going through with your injuries, the attorneys of Skouteris and Magee are there to handle all of this for you utilizing our experience in this area. 

With regard to your injuries,  there is refuge under Tennessee personal injury law.  Under the personal injury laws in Tennessee, victims of truck accidents are entitled to compensation if they can prove the accident was caused by the negligence of another person.  There are many different forms of negligence that could lead to a truck accident, such as:

  • Driving under the influence
  • Reckless driving
  • Speeding
  • Running a red light or stop sign
  • Falling asleep at the wheel
  • Failing to load truck cargo properly
  • Failing to repair, fix, or maintain the truck

An accident with an 18 wheeler truck will undoubtedly result in devastating injuries.  Brain injuries, back & spinal cord injuries, amputation, paralysis, internal injuries, and permanent disability are just some of the debilitating conditions a person may sustain in a truck accident with an 18 wheeler.

Contact an experienced Memphis truck accident law firm today

If you or a loved one was involved or injured in an 18 wheeler truck accident or collision, it’s to your advantage to speak with an experienced Memphis trucking accident attorney about your injuries.  A skilled attorney at Skouteris & Magee can provide you with the guidance and resources you need to file a strong personal injury claim to recover maximum compensation.

 
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Skouteris & Magee, PLLC is located in Memphis, TN and serves clients in and around Memphis, Ellendale, Cordova, Millington, Germantown, Arlington, Collierville, Eads, Drummonds, Tipton, Atoka, Fayette County, Shelby County, Tipton County.

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