Nashville Override Accidents

Override accidents occur when a large truck strikes the rear of a smaller vehicle in front of it and the truck’s bumper goes over the back of the smaller car. Generally, the truck driver will be at fault in such an accident if the big truck driver was tailgating, speeding, driving distracted or fatigued , or otherwise driving carelessly. If the truck driver was cited for the accident by the responding police officer, the victim may be able to proceed under a theory of negligence per se or negligence as a matter of law. Under this theory, an act is considered to be negligent if it breaks a safety law designed to protect people like the victim.

If you were hit by an 18-wheeler in the Nashville area, you may need to establish negligence to pursue claims for bodily injury or property damage against the truck driver and/or trucking company. The elements of negligence in Tennessee are:

1. Duty of care owed to plaintiff
2. Breach of duty of care owed to plaintiff
3. Causation of injury (direct and proximate)
4. Damages suffered by plaintiff

If an accident victim can establish these elements by a preponderance of the evidence, he or she will be able to pursue recovery for losses caused by the wreck, both economic and non-economic. Economic losses normally include set monetary values, such as medical bills and lost wages (past or future). Non-economic losses, in contrast, include pain and suffering, loss of enjoyment of life, and loss of consortium, which are more subjective in nature. A knowledgeable trucking accident attorney will be able to help you quantify your damages based on the specific facts surrounding your case.

In some cases, the truck wreck victim may be able to recover damages from the trucking company pursuant to legal theories such as negligent hiring, training, or supervision. The Federal Motor Carrier Safety Administration (FMCSA) sets maximum driving hours and minimum break times for interstate truck drivers, as well as training and supervision requirements for employers. If the trucking company encouraged its employees to speed or drive without the necessary breaks in order to carry more loads or make additional deliveries in a short period of time, the trucking company may be liable for an override accident caused by its driver. To prove violations of federal regulations, a lawyer can inspect the defendant truck driver’s log book as well as obtain other relevant evidence to determine all potential tortfeasors and sources of recovery.