Chattanooga Rear-End Truck Accidents

To succeed in an injury claim following a rear-end accident, you will need to show that the truck driver acted in a negligent manner. This can be accomplished by establishing the following elements: duty owed to you by truck driver, breach of that duty, causation (direct and proximate), and damages. All drivers in Tennessee generally owe others on the road a duty to drive in a safe manner. That duty is breached when a driver fails to operate the vehicle in a reasonable manner and/or violates traffic laws. Causation is determined by linking the breach of the duty to the accident itself – i.e., did the truck driver’s failure to drive safely cause the collision to occur? If so, then ultimately, you must prove that you suffered damages. A common example of trucking negligence is driving while fatigued.

An experienced lawyer who handles truck accident cases in the Chattanooga area will understand that the truck driver’s employer could be liable for the crash in addition to the truck driver. If the trucker was acting in the course and scope of his employment when the wreck happened, the employer could be indirectly liable under the theory of respondeat superior. Moreover, the employer could be held directly liable if they failed to follow certain regulations under the Federal Motor Carrier Safety Administration (FMCSA). Under the FMCSA regulations, employers are required to monitor hours driven by employees, ensure safe hiring and proper training of their employees, and monitor the trucks for proper maintenance and repair. For example, let’s say you were rear-ended by a tractor-trailer on Riverfront Parkway in Chattanooga. If your investigation revealed that the driver had a poor driving record with multiple traffic violations in a short period of time before his date of hire, the company may be liable for negligent hiring.

Compensatory damages may be available after a rear-end truck accident. These include economic and non-economic damages. Economic damages can consist of past and future medical expenses, lost wages, and other out of pocket expenses, like prescriptions and medical devices. Non-economic damages may consist of losses such as pain and suffering, loss of enjoyment of life, inconvenience, emotional distress, and loss of consortium. Punitive damages may also be available if it is found by clear and convincing evidence that the defendant drove in a reckless manner or the employer acted intentionally or fraudulently.