Backing-Up Truck Accidents
Backing-up truck accidents are usually avoidable and preventable, only occurring because the driver did not use proper techniques like obtaining a spotter. A big truck’s size and load causes the driver to have large blind spots, and he may not be able to see the entire area behind him clearly. This could lead to serious or fatal injuries if the big rig is unable to back up safely and runs over a smaller vehicle or a pedestrian. If a commercial truck or tractor-trailer has backed into you and caused you harm, the Memphis truck accident lawyers of Nahon, Saharovich & Trotz may be able to represent you in your bodily injury claim.
Big rig drivers cover thousands of miles each week. In fact, a trucker will spend a vast majority of his time operating the vehicle while moving forward. Though a trucker only spends a small percentage of his time going in reverse, backing-up truck accidents still occur. According to data compiled by the National Safety Council, around 25% of truck accidents occur while backing up and are caused by a truck driver’s poor backing techniques.Providing Assistance for Victims of Backing-Up Truck Accidents
Many trucking accidents require litigation. Rarely will trucking companies and their drivers freely admit to being at fault for the collision. Instead, large trucking companies and their drivers often deny liability for accidents to point the finger back at the victim to shift the blame and financial responsibility for the accident. If a trucking company or its insurance carrier has denied your bodily injury claim, you may require the assistance of an experienced truck crash attorney who can assert a convincing case against them. It will be important to gather evidence from the scene of the accident, interview eyewitnesses, and, in some cases, consult with accident reconstruction experts to help prove how the collision happened.
Instead of denying the claim outright, the defendant may make an assertion of comparative negligence. Tennessee follows the modified comparative fault doctrine, under which the victim of a backing-up truck accident may still be able to seek recovery for injuries even if he was partly at fault for the accident. Generally, a victim can seek recovery in Tennessee so long as his share of the blame for the accident is less than 50%. If so, then his comparative negligence will reduce the amount of compensation he receives. In other words, if the victim is 20% at fault for the accident and the truck driver is 80% at fault, then the victim’s recovery will be reduced by his comparative negligence, which in this situation would be 20%.
Under the modified comparative fault doctrine, the injured party will be barred recovery if he is deemed to be 50% or more at fault for the collision. There will be no reduction of the amount of compensation received based on his percentage of fault, as the victim will receive no compensation at all. For example, if the injured party suddenly walks behind the truck while it was backing up and is deemed to be 51% to blame for the collision and the truck driver is only 49% responsible, then the injured party will not be able to recover anything from the truck driver or the trucking company for his injuries.Hire a Memphis Attorney to Protect Your Legal Rights
If you are being blamed for a backing-up truck accident in which you were an innocent victim, contact Nahon, Saharovich & Trotz. Our Memphis lawyers will work to hold the truck driver, trucking company, and their insurance carriers responsible for the medical bills, pain and suffering, and lost wages you sustain as a result of a backing-up accident. Our firm has 33 dedicated lawyers and more than 120 staff members, making us the largest plaintiff’s personal injury law firm based in Tennessee. In more than 30 years, we have recovered over $1 billion in compensation for our clients. Contact our office toll-free by calling 800-LAW-4004 or by completing our online form to schedule your free consultation with one of our motor vehicle collision lawyers. We represent clients throughout Tennessee, Kentucky, Missouri, Arkansas, and Mississippi, including in Memphis, Chattanooga, Knoxville, Nashville, Caruthersville, Hayti, Oxford, Starkville, Grenada, Columbus, Tupelo, Meridian, Jackson, Little Rock, and Jonesboro.