Nashville Rear-End Truck Accidents

Research conducted by the National Highway Traffic Safety Administration (NHTSA) in 2012 revealed that almost 28% of traffic accidents are rear-end collisions. These can be particularly dangerous, as the force of the impact can cause the front driver’s head to suddenly snap forward and backward, resulting in serious neck, spinal cord, or brain injuries. Under Tennessee law, if you have been injured because a big rig driver rear-ended you, you may assert a claim to recover your property damage, medical expenses, pain and suffering, lost wages, lost future earnings, scarring or disfigurement, and loss of enjoyment of life. In order to do so, however, you must be able to show that the big rig driver’s negligence caused the accident and your injuries. This is an aspect of your case where an experienced lawyer who handles Nashville truck accident cases can represent your interests.

It is a common misconception that the vehicle in the back is always at fault in a rear-end collision. While that vehicle is usually responsible for a rear-end accident, there are occasions where the vehicle in front may share some of the blame. The leading vehicle may have merged over in front of the other driver, cutting him off. Perhaps the leading vehicle was traveling in reverse and backed into the other car. In both of these scenarios, the driver of the leading vehicle may be fully or partially at fault for the accident.

What happens in one of these instances? Can you still recover damages for your injuries if a trucking company claims you improperly changed lanes before you were rear-ended? This depends on the portion of fault assigned to you for the crash. Tennessee follows modified comparative fault, under which a percentage of blame may be attributed to each vehicle in a rear-end truck accident. If your fault reaches 50% or more, then you will be barred from recovery and may not be able to recover any damages from the truck driver or the trucking company. If your fault is less than 50%, then your damages award will be reduced by the percentage of your fault. In other words, you must not be equally or more at fault for the accident than the big truck driver, or there will be no recovery for you under Tennessee law.

For example, suppose you change lanes in front of a large commercial truck outside of Bridgestone Arena, located at 501 Broadway, Nashville, TN 37203. Assume the truck driver is texting and does not see you with enough time to brake and avoid a collision. In that case, you may be deemed partially to blame for making a sudden lane change, but the commercial truck driver could also responsible for texting while driving. If the jury finds that your improper lane change contributed 50% of the negligence that caused the accident, then you would be barred from recovering for your injuries and receive nothing. However, if that same jury finds that the truck driver’s distracted driving was the main cause of the accident and that you are only 15% to blame, then you could recover for your injuries, but your damages would be reduced according to your percentage of liability.