Experienced Big Rig Crash Lawyers Helping Victims in Nashville and Surrounding Regions
The greater Nashville area is growing, with millions of residents and visitors driving through the city on any given day. As a result, construction crews across the area are constantly working on the roadways to maintain them in a safe condition and to keep up with the high volume of traffic. Constructions crews usually have multiple dump trucks on site to transport loose materials such as gravel and dirt. Because of their extreme weight, size, and load, dump truck accidents often result in serious and sometimes fatal injuries. If you have been injured or lost a loved one in a crash with a dump truck, you should call Nahon, Saharovich & Trotz to discuss your situation with a knowledgeable Nashville truck accident attorney.
Pursuing Compensation for Your Injuries Following a Dump Truck Accident
Dump trucks are usually owned by a private company or, in some instances, a state or government entity. In Tennessee, a trucking company may be considered vicariously liable for the negligent actions of its employees if committed during the course and scope of employment. This means that a dump truck accident victim may be able to sue the dump truck company itself for his or her injuries. An injured party may also be able to pursue a claim against the State of Tennessee for injuries caused by a state employee driving a dump truck. Special rules apply when pursuing claims against the State of Tennessee, so it is important to consult with an attorney as soon after the accident as possible so that your legal rights can be adequately protected.
Whether pursuing a claim against an individual dump truck owner, a large private company, or a government entity, a showing of negligence will be required in order to recover compensatory damages. Simply put, the accident victim will need to prove that the dump truck operator’s negligent actions caused the accident which, in turn, caused his injuries. If the dump truck driver received a traffic citation for the accident, such as failure to maintain control of the vehicle, then the injured party may be able to seek compensation for his or her injuries under the theory of negligence per se, where an act may be deemed negligent merely because it violated a traffic law designed to protect individuals like the victim.
If the dump truck driver was not cited for the accident by the Nashville Police Department, Davidson County Sheriff’s Office, Tennessee Highway Patrol, or another law enforcement agency, then the victim may be able to prove fault through the truck driver’s admissions, eyewitness testimony, accident scene photographs, and other evidence obtained from the crash site. It is important to act quickly and consult with an attorney who handles Nashville trucking accident cases before evidence is lost or damaged so the dump truck driver can be held responsible for negligent actions.
Dump trucks accidents can cause devastating injuries, including head and neck injuries or even wrongful death. No matter how serious the injuries are or how long the victim may treat for those injuries, the injured party has one year to either settle his claim out of court or to properly file a lawsuit in court. If these actions are not taken, then the injured party will forever lose his or her right to recover. Likewise, wrongful death actions arising out of a dump truck or tractor-trailer accident must also be filed within one year of the date of the wreck.
Contact an Experienced Nashville Lawyer After a Dump Truck Accident
Commercial and government entities and their insurance carriers may dispute liability for a trucking accident and deny your claim outright, or they may try to settle your claim for less than it is worth. The attorneys at NST are committed to helping accident victims and their loved ones, and we will listen to the facts of your case and discuss with you the different legal avenues that may be available, depending on the particular circumstances of your case. We will work diligently on your case to identify all forms of damages to which you may be entitled, and to date, our injury attorneys have recovered more than $1.5 billion in compensation for accident victims in Tennessee and across the South. Call us toll-free at 800-LAW-4004 or complete our online form to set up a free consultation with one of our truck accident lawyers. We fight for the rights of victims across Tennessee, Kentucky, Missouri, Arkansas, and Mississippi, including in Nashville, Chattanooga, Knoxville, Memphis, Caruthersville, Hayti, Oxford, Starkville, Grenada, Columbus, Tupelo, Meridian, Jackson, Little Rock, and Jonesboro
What we cover
Most car accidents are preventable and occur as a result of errors by one or more drivers. To prove liability, you will need to establish by a preponderance of the evidence that the driver owed you a duty of care, which was breached, and that your injuries resulted from the driver’s carelessness. Damages that may be available in these cases often include medical expenses, lost income, mental anguish, loss of consortium, and pain and suffering.
Truck drivers are required to follow numerous detailed regulations, including rules related to hours of service, keeping a logbook, and maintenance procedures. Many of these regulations are intended to protect other people on the road from harm. In some states, if a driver violated a law that was enacted to protect the public, the violation can create a rebuttable presumption of negligence. Trucking companies are also required to follow a number of regulations, including rules related to background checks of drivers and proper supervision. They often may be held directly or indirectly liable for a truck accident.
The Social Security Administration (SSA) evaluates applications for disability benefits. Although many people pay into this system throughout their lives, many legitimate claims are initially denied, and this process may be less straightforward than claimants expect. The SSA uses a five-step sequential evaluation to determine whether to grant benefits to an applicant. Each step is considered in a set order. We can present your case in a persuasive manner and help you appeal a denial of a meritorious claim if needed. This could include representing you in a hearing before an administrative law judge.
Workers’ compensation functions slightly differently in each state. In Tennessee, for example, businesses that employ five or more employees must carry workers’ compensation insurance. If you are injured on the job, you may recover benefits, such as medical costs and disability. Neither your employer’s nor your own culpability for your injuries will prevent you from collecting these benefits. However, it may still be a struggle to obtain benefits from your employer’s insurer. We can help you navigate this challenging process.
If you were harmed by a health care professional’s failure to use the appropriate level of care in providing treatment to you, you may be able to recover compensation. Most medical malpractice lawsuits require retaining an expert to determine the accepted standard of care and explain what the defendant did that fell short of this standard, as well as how the inappropriate conduct caused the patient’s injuries.
When you buy a toy, car, medication, or other product, you do not expect to be hurt. If you are injured, you may have grounds to file a product liability lawsuit. There are three types of defects that may be actionable: manufacturing, design, and marketing (also known as failure to warn). Manufacturers may be held accountable under multiple different theories, including strict liability, negligence, breach of warranty, and concealment. For example, if you take a drug that causes you to develop cancer, but you were not told that a potential side effect of the drug was developing cancer, you may have grounds to hold the manufacturer strictly liable for its failure to warn you of the risk.
Nursing home residents are often elderly or disabled, and thus they are especially vulnerable to neglect, physical abuse, and exploitation by staff members. Unfortunately, many nursing homes are understaffed or employ staff members who are inadequately trained to deal with potentially frustrating situations. Nursing homes are required to protect their residents from physical, mental, and emotional harm by providing a safe environment, as well as adequately training and supervising staff. A failure to do so may be grounds for a nursing home negligence lawsuit for damages.
Property owners have a duty to keep their property reasonably safe. In most situations, this includes an obligation to inspect the property for dangerous conditions and fix them or provide warnings about them so that visitors are not harmed. One type of dangerous condition, which may present a particular problem in apartment complexes or shopping centers, consists of inadequate security measures such as broken locks, poor lighting, or a lack of security guards. A failure to take security measures when appropriate may allow third-party criminals to assault, rob, rape, or otherwise harm visitors and tenants. You may be able to recover damages if you can prove that the defendant knew or should have known about a history of attacks similar to yours and taken appropriate security measures to reduce the risk of further incidents.
Consult a Personal Injury Lawyer in Memphis or the Surrounding Regions
If you are dealing with a devastating injury or medical condition, the Memphis personal injury attorneys at Nahon, Saharovich & Trotz can evaluate and explain your options. Our firm has 30 attorneys and more than 100 staff members, and we serve injured people in many areas of Tennessee, Mississippi, Arkansas, Missouri, and Kentucky, including Memphis, Nashville, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville. Contact our office toll-free by calling 800-529-4004 or by completing our online form to set up a free consultation with a personal injury, workers’ compensation, or Social Security Disability lawyer. Once you have learned more about our vigorous advocacy for the rights of the injured, you will realize that NST is the way to go.