Nashville Tanker Truck Accidents
Experienced Big Rig Crash Lawyers Helping Victims in Nashville and Surrounding Areas
Accidents involving tanker trucks pose special dangers due to their weight and size and the types of materials or chemicals they may be carrying at the time of the collision. Due to their size, tanker trucks have large blind spots, and they are prone to jackknife and roll over due to their weight and shape. As a result, a person driving a much smaller passenger vehicle may suffer serious, life-threatening, or even fatal injuries in a tanker truck accident. The truck may leak toxic waste, or a fire or explosion may occur if the truck was transporting flammable chemicals. If you have been injured or a loved one has been killed in a crash involving a tanker truck, do not speak with the large trucking company or its lawyers without first seeking the advice of a Nashville truck accident attorney who can advise you of your legal rights.
Accidents Involving Tanker Trucks in Nashville
Tanker truck drivers must possess a valid commercial driver’s license (CDL). Due to the risks involved in transporting toxic or flammable materials, a tanker truck driver must also pass a written test and undergo training in order to obtain a hazardous materials endorsement. 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 tanker truck accident victim can sue the trucking company itself for his or her injuries and seek recovery through the employer’s commercial insurance policy, depending on the situation.
Like in any other motor vehicle accident in Nashville, a tanker truck accident victim typically just has one year to either settle his or her bodily injury claim out of court or to file a lawsuit with the appropriate court. This one-year clock begins running on the date of the accident, regardless of the severity of the collision or the resulting injuries. Even if it takes the victim several months or even years to recover from injuries suffered in the wreck, he or she only has one year from the date of the accident to file suit, or the right to recover will be lost forever. You should consult with a trucking accident attorney in the Nashville area who can properly investigate your accident as well as identify all potential defendants. Failure to do so can result in your ability to recover being significantly limited.
In order to assert a successful claim for bodily injuries, an 18-wheeler accident victim will need to prove that the truck driver’s negligence caused the tanker truck accident which in turn caused the injuries. If the truck driver was cited for reckless driving or speeding, then the injured party may be able to seek compensation for his or her injuries against the trucker under the doctrine of negligence per se. Under this doctrine, an act may be considered negligent merely because it violated a safety law that was intended to protect people like the victim.
If no citations were issued by the Nashville Police Department, the injured party may have to rely on the truck driver’s admissions, eyewitness testimony, and evidence from the scene of the crash to prove the truck driver was at fault for the collision. An experienced Nashville attorney will be able to properly investigate your claim and gather any available evidence to prove the trucker’s negligence. Knowledge of federal trucking regulations will be crucial, including those promulgated by the Federal Motor Carrier Safety Administration (FMCSA).
Discuss Your Tanker Truck Accident with a Nashville Lawyer
If you have been injured in a crash with a commercial vehicle, our truck accident lawyers can help you fight for just compensation for your injuries. If you have lost a family member in a tanker truck accident, then we can discuss your right to pursue a wrongful death claim on behalf of your loved one. Nahon, Saharovich & Trotz has handled trucking accident cases for more than 30 years, and our attorneys have recovered more than $1.5 billion in compensation for clients and their loved ones. Call us toll-free at 800-LAW-4004 or complete our online form to schedule a free consultation. We represent clients in Tennessee, Missouri, Mississippi, Kentucky, and Arkansas, including in the cities of Nashville, Memphis, Jackson, Knoxville, Chattanooga, Caruthersville, Hayti, Oxford, Jackson, Tupelo, Little Rock, and Jonesboro. Let us show you why NST is the way to go.
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.