Nashville Pedestrians and Cyclists Hit by Trucks

Let us say, for example, that you are walking along McNally Drive near the Nashville Zoo at Grassmere, located at 3777 Nolensville Pike, Nashville, Tennessee 37211. Driving in your direction is a truck driver whose new medication is making him drowsy, dizzy, and unable to focus. Before you know what is happening, the truck driver has veered over to where you are walking and hit you with his truck, causing you to be seriously injured. Trucking collisions involving drug use, like in this example, often result in the truck driver being held liable for the accident.

While it may appear to you that your case will be ruled in your favor, it is not certain. The defendant could accuse you of comparative fault, which, if a judge or jury agrees, could result in your recovery being reduced based on the percentage of fault that is attributed to you. Fault can be alleged against a pedestrian or cyclist for failing to use crosswalks, for instance. You can still be awarded at least some of your original recovery even if blame is attributed to you – that is, if your portion of blame does not exceed 49%. Since the State of Tennessee operates under the doctrine of modified comparative negligence, you could be barred from your recovery completely if your amount of blame is 50% or greater.

Retaining an experienced lawyer after being injured in a truck accident in Nashville can investigate the accident to minimize allegations of comparative fault as well as help you substantiate your claim of negligence against the truck driver. Establishing the truck driver’s negligence is crucial to you recovering economic and non-economic damages, such as medical bills, lost wages, emotional distress, loss of enjoyment of life, and pain and suffering. In order to establish negligence, you must prove that the truck driver and/or trucking company owed you a duty of reasonable care, breached that duty, and caused you to suffer injuries as a result.