Nashville Delivery Truck Accidents

Many factors may contribute to a motor vehicle accident. The most likely explanation is that one or more drivers acted negligently. In Tennessee, negligence is the failure to act reasonably under the given set of circumstances culminating in the defendant driver breaching a duty owed to the victim, which could be another driver or passenger. Following a collision with a delivery vehicle, it is important to examine the evidence to satisfy the plaintiff’s legal burden.

Examples of driver negligence are speeding, following too closely, failing to maintain a safe lookout, or driving in a reckless manner. For instance, if a delivery driver was driving 70 miles per hour when the speed limit was 45 miles per hour and rear ends you, it is likely that the driver’s speeding caused the crash to occur. Proof may come from the responding police officer or witnesses who saw the accident.

If the delivery driver is responsible for causing a wreck, what happens to the employer? Depending on the facts of a delivery truck accident, the company may be responsible for paying a judgment or settlement. Tennessee law has adopted the doctrine of respondeat superior, which states an employer may be vicariously liable for the negligent acts of its employee committed with the course and scope of employment. Thus, if a driver causes a wreck on Interstate 40 while making a scheduled delivery, vicarious liability would likely apply. Sometimes, the company will claim that the driver was an independent contractor instead of an employee. A lawyer with experience handling truck accident claims in the Nashville area understands that further investigation may be required, and that the employer’s classification is not always determinative.

Proving negligence after a delivery truck accident may allow you to recover damages for injuries suffered as a result of the wreck. They may include medical bills for the emergency room, primary care physician, or physical therapy. Serious injuries, like bulging or herniated discs, may require surgery or similarly invasive injections. Lost wages are another element of damages in Tennessee, as are non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life. To learn what damages may apply to your situation, you should speak with an attorney who understands how to handle 18-wheeler wreck cases.