Injured Truck Passengers
When people hear the phrase “truck accident,” most automatically assume it means an 18-wheeler caused a wreck with a passenger car. While that is often the case, certain trucking accidents are caused by the smaller sedan or SUV. In the trucking profession, there are times when an employee will be riding with a co-worker to get to a particular destination. If the truck gets into a collision, the injured truck passenger’s right to recover damages for any injuries sustained will depend on the circumstances surrounding the crash. The Memphis truck accident attorneys at Nahon, Saharovich & Trotz are ready to take your call today and explain how we may be able to assist you if you have been injured in a truck wreck. For over 30 years, our firm has represented the interests of semi-truck and tractor-trailer crash victims.Recovering Damages If You Were Injured While Riding in a Commercial Truck
Injured truck passengers may be able to recover damages for injuries under different legal theories, depending on the manner in which the crash occurred and circumstances surrounding the incident. An experienced truck accident lawyer in the Memphis area will be able to assess the facts of your particular situation, identify how to properly pursue those losses, and devise an effective strategy for representation pursuant to Tennessee law.
If you were riding in a commercial truck and your co-worker rear-ended another vehicle on I-240 in Memphis, your avenue to recovery may be through a workers’ compensation claim. In Tennessee, absent highly specific exceptions, an employee’s claim for personal injuries sustained on the job must go through workers’ compensation rather than by filing suit directly against the employer for negligence. This is known as the employee’s “exclusive remedy.”
On the other hand, if the accident was another driver’s fault, a third party claim can be asserted against the responsible driver. Claims for negligence may be also asserted against the owner of that vehicle, such as negligent entrustment of the vehicle to a person whom the owner knew to be unfit to drive. In addition to pursuing the third party claim, the injured truck passenger may still be able to recover benefits through workers’ compensation, provided the injured party is an employee instead of an independent contractor. This could lead to concurrent cases that would be handled in different courts.
The type of claim will dictate which damages may be available for injured truck passengers. Workers’ compensation benefits are set forth by statute, while damages in a civil case in Tennessee encompass more elements of loss. In a third party trucking accident claim against another driver, damages recoverable in Tennessee can include medical bills, wage loss, pain and suffering, and loss of enjoyment of life. Before talking to any insurance company, including a representative of your insurer or your employer’s insurer, you should speak with a qualified Memphis lawyer who can properly advise you of your legal rights under Tennessee law. Each type of claim has a specific statute of limitation, and failing to follow the law can result in an outright dismissal of the claim, even if the facts of the truck wreck are clear and you suffered an objective injury.Let Our Trucking Accident Attorneys Assist You in Your Case
Injured truck passengers should call Nahon, Saharovich & Trotz today for a free consultation. Our Memphis lawyers have represented truck crash victims and their loved ones for more than 30 years, recovering over $1.5 billion in compensation for our clients during that time period. Our motor vehicle collision attorneys serve victims in 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. Call our firm toll-free at 800-LAW-4004 or complete our online form for a free consultation. Let us explain to you why NST is the way to go.