Truck Accident Frequently Asked Questions

The injured victim has the right to sue in the event of a personal injury case.  If the victim dies in the crash then that would be a Wrongful Death case under Tennessee Law and the Next of Kin would have the cause of action, claim or right to bring a lawsuit against the at fault truck driver and trucking company.

49 C.F.R. § 392.22 requires that when a commercial motor vehicle stops on a highway or shoulder, the driver must active hazard warning signal flashers, and within ten minutes must place either flares or bidirectional reflective triangles. If the vehicle is stopped within 500 feet of a curve, hillcrest or other view obstruction, warning devices must be places so as to provide ample warning. This regulation supports liability, and occasionally even punitive damages, when a motorist crashes into a stopped tractor trailer in poor visibility conditions.

Violation of this regulation has generally resuled in a finding of negligence per se and can contribute significantly to punitive damages in awards.

The investigation of tractor trailer accident case is extremely important. The prompt and immediate investigation of a trucking accident case is of the highest importance. Truck drivers are required by the Federal Government to keep a log of their driving activities and are ony allowed to drive a certain number of hours per day. Therefore, it is important to establish whether the log was properly kept and whether the driver was within the allotted hours of driving time when a trucking accident occurred. Violation of these Federal trucking standards may impose additional liability on the truck driver trucking company, freight broker or other trucking industry entity. These facts can be very difficult or even impossible to discover if the facts of the trucking accident is not investigated immediately or soon after the occurrences. Throughout our 20 years of practicing tractor trailer accident cases, we have formed close working partnerships with experts in the safety and injury field that we have access to who will review your case, offer expert legal opinions, and even come testify on your behalf if we have to take your case to trial.

Yes. Trucking companies are required to carry higher amounts of insurance coverage than we are required to carry on our personal vehicles. Truck drivers must also meet higher training and safety standards than non-commercial drivers. Tractor trailers travel in our interstates going from state to state and therefore, are subject to many federal regulations that do not apply to non-commercial vehicles. Trucking companies also have the duty and responsibility to perform background checks before employing tractor trailer drivers and must continuously evaluate their drivers. Commercial drivers are subject to Federal laws which limit the number of hours they are allowed drive per day and week. Drivers are also subject to Federal Regulations which require testing for drugs and alcohol.  In the event of an accident it is mandatory that the trucking company perform a drug and alcohol test on the driver. Violations of the Federal Motor Carrier Safety Regulation Act and other Federal Laws and Regulations can be used to establish fault of the tractor trailer trucking company.

“Best” isn’t a good word to use when asking that question.  What makes a “best” attorney in Nashville? A great personality? A big office with lots of junior associates? Someone with experience in trucking accident cases and a winning track record?

There’s nothing bigger on our roads than an 18-wheeler truck and some of the worst injuries we have ever seen in our years in practice have been a result of a tractor trailer truck hitting a passenger vehicle or bus. The smaller vehicles doesn’t have a chance.  You can bet the insurance company for the trucking company has a team of lawyers whose sole purpose is to make you go away, as cheaply as possible.  Don’t let them bully you! You deserve to be compensated for your injuries, your time off work, your spouse’s time off work, the loss of your vehicle, and the trauma that goes hand in hand with such a horrific accident. We not only have years of experience winning cases against motor carrier companies, we have specific experience in actions against 3rd party hiring brokers (the people who match the freight with the trucking company).  Their years of poor hiring practices and ridiculous expectations of their drivers have left so many innocent motorists injured and even killed.  Let us bring the years of experience we have in settling and trying trucking cases to bear to help you in your time of need.  Call us today for a hassle free no cost consultation on your Tennessee truck injury case.

In Tennessee, the driver, the owner of the tractor-trailer, the owner of the trailer itself, the company’s whose DOT Number is identified on the tractor, and even the freight broker of third party logistics company who brokered the load can be held liable for your injuries. In some circumstances the freight may not have been loaded or secured properly and the loading facility that placed the freight in the trailer may be sued and held responsible.

The trucking industry has lobbied hard to make sure it’s protected from negligent operation of trucks resulting in the injury to we citizens.  If you or a loved one have been injured in a Tennessee accident involving a semi-truck,you need an attorney with specific experience in dealing with the trucking industry. Keith Williams is a nationally recognized trucking attorney and speaks across the country to other attorneys to educate them on how best to represent their clients injured in a trucking accident. Let us help you!

When you’re first in an accident, it seems like the insurance  companies are just falling all over themselves to help. They call “just to check on you”. One day, they won’t return your calls, or they tell you that their company is willing to pay you $____ amount and they are closing your case. But your doctor said you would need future medical care and that’s not included in their settlement. Or the weeks you missed getting paid because you were off work aren’t included in the settlement. There are many many things you are entitlted to be reimbursed for if you are involved in an accident and the insurance company does NOT want you to know about them. Just a few are: damage to your car, medical bills, time off work, pain and suffering (both mental and physical), future medical bills, pain and suffering and time off work of spouse, permanent injury, etc. etc.  The insurance company (yours or theirs) doesn’t want to help you. The adjuster has one goal – close your case for the lowest amount in the shortest amount of time.  Giving you a short span of time and then pressuring you to “settle for what we offer or nothing” means you are likely to not hire an attorney.  That works for the insurance company because accident cases without a lawyer settle for an average of 3 times what they do if one is involved.  Don’t threaten the insurance company, don’t waste your time dealing with them at all.  Call us and let us help you get the compensation you deserve under the law.

If you think about the question, the answer is obvious. They are trying to close your case as quickly as they can to save the company money.  What is fair  to you doesn’t mean anything to them.  An open claim is costing their company time and money and each day it stays open, it’s that much more likely the injured person will seek the help of an attorney. That is the last thing the insurance company wants because then they have to turn the case over to their attorneys which costs them more money. Plus, the injured person now has someone on their side who knows the tricks the insurance company will use to strong arm someone into settling too low.  Sure, they’ll pay to have your car repaired and your emergency room bills. But what about your time off work or your spouse’s time off work? What about future medical bills that are caused by the injury but are incurred after the claim is closed? What about the damage to your quality of life or earning potential because of the permanent damage caused by an injury?  The answer is no, they won’t pay for that – not willingly anyway! That’s why you need an experienced personal injury attorney who will fight for every dollar you are owed and will never back down from defending your rights to a full and fair recovery.

Every trucking case is required to have expert witnesses in order to prove liability on violations of the FMSCA regulations.  It is also very advisable to  have experts to assist in the investigation of the exact cause of the crash and to analyze the trucking logs and other information concerning the monitoring of drivers by the carrier to establish liability.

Please call or click to discuss your car accident claim with a real attorney at The Williams Law Group.  We can help!


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