Oxford Truck Accidents
Big Rig Crash Lawyers Serving Residents of Oxford
If you have been injured in an accident with a commercial truck, it will be beneficial for you to contact an experienced lawyer to help navigate you through the complicated waters of the Federal Motor Carrier Safety Administration (FMCSA). 18-wheeler accidents are different from traditional car accidents because interstate commercial drivers are required to follow detailed regulations set forth by the FMCSA. The Oxford truck accident lawyers at Nahon, Saharovich & Trotz have over 30 years of experience battling trucking and insurance companies and know the specific requirements truckers must follow under the FMCSA. Moreover, our attorneys have collected over $1.5 billion in settlements and verdicts for our clients through zealous advocacy and thorough preparation. If you have been injured by the negligence of a big rig driver, call our office today for a free consultation.
Establishing a Successful Claim Requires Proving Liability
In nearly all cases, the injured party must be able to prove that the other party was negligent in order to recover for the damages sustained. General negligence can be satisfied by proving the following elements:
- Proving that the truck driver or trucking company owed a duty to you.
- Proving the truck driver or trucking company breached that duty.
- Proving the truck driver or trucking company’s breach of that duty caused you harm.
- Proving you suffered injuries or damages as a result of the breach.
Additionally, an injured party can recover under another form of negligence known as negligence as a matter of law. Here, the plaintiff may retain a truck accident attorney in Oxford to prove that the defendant violated a safety law or statute, that the plaintiff suffered damages as a result of the defendant’s negligence, and that the defendant’s negligence was a substantial factor in causing the plaintiff’s harm.
Many times trucking accident claims are successful by claiming the trucking company or driver violated both general negligence principles and negligence per se. For example: the driver of a big-rig, behind schedule, speeds down the highway in order to make his next delivery. Because of the excessive speed, the truck driver is unable to slow down at a recent traffic jam and rear ends a small compact car, causing heavy property damage. Here, the truck driver may be found negligent under general negligence because he owed a duty to others on the highway to drive safely, he breached that duty by speeding, and his actions directly caused harm to those in the car he hit. Furthermore, the driver can be found negligent as a matter of law if it can be proven he violated the speed limit, thereby causing harm to an occupant of the other car. If a truck driver was acting within the course and scope of his employment when the crash occurred, the employer may be vicariously liable for the driver’s actions.
Call a Truck Accident Lawyer in Oxford Today
Many truck accidents are actually preventable, caused only by truck drivers failing to drive safely or follow federal trucking guidelines. Our Oxford truck accident attorneys understand people injured by big-rig trucks can sustain serious injuries like paralysis, amputations, and brain injuries that have life-altering effects. Many times, the only way to recover for these losses is by asserting a claim against the trucking company for damages. If you need a motor vehicle collision attorney, do not hesitate to call us today at 800-529-4004. We have over 30 lawyers and more than 100 staff members ready to get started on your case. You can also contact us by completing our online form to set up a free consultation. Let us discuss with 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.