Truck accidents may result from negligence by a truck driver. In some cases, truck drivers fail to check their blind spots, speed, overload their vehicles, get distracted, or are drowsy. To establish a truck driver’s negligence, you will need to prove that the driver failed to meet the reasonable standard of care and thereby caused actual damages. Sometimes a truck driver is negligent per se. In Tennessee, this means that the truck driver committed a violation of a safety law and caused injuries to the class of people whom the law was designed to protect. In lawsuits in which negligence per se is applicable, the focus may shift to damages rather than liability.

Often, evidence may be recovered from a truck’s black box, such as how fast the truck was driving just before the accident and when the truck driver braked. Trucking companies do not always retain black box data and other evidence for long enough, and it may be important for a truck accident lawyer in Chattanooga to send a letter regarding spoliation of evidence to the trucking company.

A trucking company may also be held liable under theories of negligence, negligence per se, negligent hiring, negligent training, or negligent supervision. Under FMCSA regulations and state laws, there are numerous obligations that a trucking company has. For example, it is supposed to conduct a background check on an interstate driver to make sure that the driver is qualified and competent to drive. When a trucking company fails to conduct a proper background search, it may miss red flags such as DUIs, drug convictions, or a record of accidents. Sometimes trucking companies do conduct a background search but look the other way because they need more truck drivers to conduct business.

Similarly, trucking companies are supposed to review a truck driver’s logbook to make sure that it is accurate. In many cases, trucking companies can tell when a logbook is falsified, but in some instances, trucking companies encourage falsification of logbooks because they want drivers to work longer hours, since longer hours mean more deliveries and more profits.

Sometimes there is a defect in a truck’s brakes, the steering, or another part of the truck that results in an accident. A truck manufacturer may be held liable in a product liability lawsuit. Generally, product liability claims against truck manufacturers must allege an actionable defect, such as a manufacturing, design, or marketing defect.

Damages that may be recovered under Tennessee law include compensatory damages, such as pain and suffering, mental anguish, medical bills, out-of-pocket expenses, household services, loss of consortium, and more. In cases involving egregious misconduct by a truck driver, trucking company, or manufacturer, such as fraud, it may be possible to recover punitive damages as well. These are damages that are intended to punish wrongdoing rather than compensate the victim.