Jackson, TN Interstate Truck Accidents

Between 2006 and 2008, there were over 730 accidents involving heavy or medium trucks in Madison County, with many of those occurring on Interstate 40 and other major roadways with higher speed limits. In order to succeed in a personal injury claim against the big rig driver, you must show that the truck driver’s negligence caused the accident and your resulting injuries. You may prove this by showing negligence or using the theory of negligence per se. To prove negligence after an interstate truck accident, generally you must show that the truck driver breached his duty of care to you as a fellow driver and that this directly caused you to suffer injuries. An example of this would be distracted driving or driving while fatigued.

To recover under negligence per se, you will need to show that the truck driver violated a safety law or ordinance intended to protect members of the public like you, and that this violation caused you to suffer injuries. For example, if the truck driver was cited for speeding, making an improper lane change, running a red light, or committing another traffic violation, then you should be able to prove negligence per se under Tennessee law. Interstate truck drivers traveling in Jackson must follow driving rules set forth by the Federal Motor Carrier Safety Administration (FMCSA), State of Tennessee, and City of Jackson, Tennessee.

By proving liability, you may seek compensation for your medical bills, lost wages, and pain and suffering caused by the collision with the semi-truck or 18-wheeler. While medical bills and lost wages can be directly quantified and measured in dollars, it can be more difficult to prove a non-economic loss like pain and suffering. Thus, the trucking company or its liability insurance carrier may try to get out of paying you a fair amount. An experienced truck accident lawyer in the Jackson area can help you document your injuries and demonstrate how they have impacted your daily life and well-being so that you receive the compensation you deserve.

In a trucking accident case, both personal injury and wrongful death claims have a one year statute of limitation in Tennessee, meaning a lawsuit must be filed within one year from the date of the collision. If suit is not filed within this timeframe, then the claim will be barred and your right to recover can be lost forever. It is always important to consult with a trucking accident attorney as soon as possible after the accident so that your attorney will have ample time to gather evidence, investigate the wreck, negotiate with the trucking company, and, if needed, properly file a lawsuit with the appropriate court prior to the expiration of the statute of limitation.