Chattanooga Dump Truck Accidents
Although they are not as big as some commercial trucks with long trailers, dump trucks are still significantly larger than most other vehicles on the road. This means that they can be just as dangerous as other large trucks when they are involved in a motor vehicle accident. Large vehicles like dump trucks can render traditional safety features on other vehicles virtually useless, which is why accidents involving dump trucks often result in highly serious injuries. There is also the possibility that the dump truck’s load will escape and cause injury independent of the initial impact. If you have been injured in a dump truck accident in Chattanooga or the surrounding area, the Chattanooga truck accident attorneys at Nahon, Saharovich & Trotz want to assist you in pursuing your claims against the responsible parties. Our firm has over 30 attorneys and more than 100 support staff ready to fight for your interests.Pursuing Your Claims in a Dump Truck Accident Case
In order for a dump truck accident victim to obtain compensation for their injuries, they generally must first prove that their injuries were caused by the negligence of the truck driver, the company that employs the truck driver, or both. Bringing a claim for negligence involves establishing the following elements: duty, breach, causation, and damages. Once negligence has been established, the injured party can recover damages such as medical bills, lost wages, pain and suffering, and possibly more.
Usually, truck accidents result from the negligence of the truck driver. Examples of common truck driver negligence include distracted driving, fatigued driving, speeding, aggressive driving, and driving under the influence. Negligence could be established by a dump truck driver’s failure to take certain steps before getting behind the wheel, i.e. by driving on Interstate 24 with heavy materials improperly loaded or distributed unevenly. Evidence of the truck driver’s negligent actions can often be found through several sources, including police reports, driving records, witness statements, phone records, and investigations into the driver’s background and qualifications. To identify as much evidence as possible that supports your claim, you should discuss your situation with a lawyer who represents Chattanooga trucking accident victims.
In some cases, the company that employs the dump truck driver can be held responsible for your injuries. The legal doctrine of vicarious liability allows an injured party to recover against the employer of a negligent employee if the employee’s negligence occurred during the course and scope of their employment. To escape responsibility for what happened, the trucking company could claim that its driver was merely an independent contractor instead of an employee. However, the employer’s classification does not automatically make it true. Instead, Tennessee law is clear that other factors may be considered, including the degree to which the driver can exercise independent control, which party sets driving schedules, and the manner in which the driver is paid.
Another way to hold the employer responsible is to pursue the employer for its own negligence that contributed to you getting hit. For example, the employer may have knowingly hired an unqualified driver, or it may have encouraged its drivers to work longer hours than is permitted under applicable Federal Motor Carrier Safety Administration (FMCSA) regulations. In any case, it is best to consult with an experienced accident attorney before pursuing your claims against the trucking company. Trucking companies and their insurance carriers are notoriously aggressive when dealing with accident cases, which is why you will need someone by your side to fight for your case and protect your rights.Consult with a Knowledgeable Chattanooga Attorney
If you have been injured in a dump truck accident, you will need the assistance of a firm that has the knowledge and resources necessary to vigorously pursue your claims. Nahon, Saharovich & Trotz is the largest personal injury firm based in Tennessee, and we have obtained over $1.5 billion in recovery for our clients over the last 25+ years. Our lawyers serve motor vehicle wreck victims throughout Tennessee, Missouri, Arkansas, Kentucky, and Mississippi, including in Chattanooga, Nashville, Memphis, Knoxville, Caruthersville, Hayti, Little Rock, Jonesboro, Jackson, Oxford, Grenada, Starkville, Meridian, Tupelo, and Columbus. Call us toll-free at 800-529-4004 or use our online form to set up a free consultation with one of our experienced Chattanooga attorneys.