How to Maximize Your Settlement After a Truck Accident in Tennessee
Accidents with semis, tractor-trailers, and other large commercial trucks can cause serious injuries. Some injuries, such as traumatic brain injuries and spinal cord damage, may be life-changing. Many truck accident injuries are permanent, chronic, or require long-term medical care.
Victims of truck accidents should be restored, as much as possible, to the financial, physical, and emotional position they were in before the accident took place. At Rocky McElhaney Law Firm: Car Accident & Injury Lawyers, we have decades of experience seeking full compensation for truck accident victims and their families, including in fatal cases.
What types of injuries can truck accidents cause?
According to crash data compiled by the Tennessee Department of Safety and Homeland Security, more than 12,000 crashes involving large trucks were reported in Tennessee in 2023, resulting in over 160 fatalities.
Truck accidents can occur in many ways, including truck rollovers, jackknives, wide-turn accidents, unsecured cargo accidents, blind spot accidents, head-on crashes, rear-end accidents, and backing-out accidents.
These types of crashes can cause a wide range of serious injuries, including:
- Traumatic brain injuries, concussions, and other types of head trauma
- Spinal cord injuries, including paralysis
- Traumatic amputations or loss of limb
- Broken bones
- Internal bleeding
- Organ damage
- Tissue injuries (ligaments, muscles, and tendons)
- Nerve damage
- Back, shoulder, and neck pain
- Burn injuries
- Loss of hearing or vision
- Scarring and disfigurement
- Other injuries
- Death
Who may be responsible for a truck accident in Tennessee?
Our Nashville truck accident lawyers understand why truck accidents happen and who is responsible. One way that we can work to maximize your recovery is to file claims against every at-fault party. The more defendants there are, the more insurance coverage there is likely to be. The defendants in your truck accident case may include the following:
- A truck driver
- The truck driver’s employer
- The owner of the truck, if the driver and owner differ
- The companies involved in the shipment, such as the broker and the companies whose products are being delivered
- A manufacturer of defective truck parts
- A bar, restaurant, or alcohol vendor, in limited circumstances, may be liable under Tennessee’s dram shop law if alcohol was unlawfully sold to a minor or sold to someone who was visibly intoxicated and that sale was the proximate cause of the intoxication and resulting crash (Tenn. Code Ann. § 57-10-102)
- The Tennessee Department of Transportation, and other government agencies or entities, when Tennessee law permits
What damages can accident victims receive when truck accidents happen in Tennessee?
We can pursue the following types of compensation in truck accident cases from the parties responsible for the crash.
Medical bills
Your medical expenses may include the following:
- Emergency medical transportation, such as ambulance services
- Emergency department care
- Hospitalizations
- Surgeries, including in-hospital surgeries and surgeries at ambulatory surgical centers
- Physician care, including orthopedists, neurologists, neurosurgeons, ER doctors, family doctors, pain management physicians, and other physicians
- Psychologists and psychiatrists
- Rehabilitative therapists, including physical therapists, occupational therapists, vocational therapists, speech therapists, and other types of therapists
- Assistive devices and technology, such as prosthetic devices, walkers, canes, spinal cord stimulators, and devices that help truck accident victims speak, drive, and perform many other functions
- Prescription medications
We can work with your physicians (and our own network of doctors when necessary) to verify your diagnosis, the treatments you need, the complications that may arise, the ways your injuries limit your ability to enjoy your life, and the cost of all your medical care, for as long as you need help.
In cases involving catastrophic or permanent injuries, we may also work with life care planners to address future medical needs, possible complications, home modifications, and other long-term considerations.
Lost income
Many truck accidents result in substantial loss of time from work. Some truck accident victims may never return to work. At Rocky McElhaney Law Firm: Car Accident & Injury Lawyers, we can seek compensation for all your lost wages, business income, salary, benefits, and other types of income, for as long as you cannot work.
In some cases, we may seek compensation for parents and other relatives who provide care to family members who have a disability.
Pain and suffering
Our team works with you, your doctors, and family members to show just how much pain and suffering you have on a daily basis, and will likely have in the future. Pain and suffering include every moment you experience:
- Physical pain
- Itching or persistent irritation
- Difficulty sleeping
- Difficulty moving
- Difficulty performing daily functions
- Crying
- Upset feelings
- Anxiousness
- Depression
- Post-traumatic stress disorder (PTSD)
- Communication challenges
- Breath disorders
- Any other type of physical pain, emotional suffering, or cognitive challenge
The inability to enjoy life’s pleasures and normal functions
We can also seek compensation for the loss of enjoyment of family time, social activities, athletic pursuits, community involvement, and other aspects of life you were able to enjoy before the truck accident. Our Nashville truck accident lawyers can also seek compensation for your inability to walk, drive, talk, sleep, eat, or engage in many other functions.
Property damage
We can work with vehicle mechanics and vehicle appraisers to determine the cost to repair your car or replace your car if your car is totaled.
Scarring and disfigurement
Our team seeks additional compensation for any truck accident victims who have scarring (visible and hidden), such as burns or the loss of a limb, due to a truck accident.
Wrongful death damages
If a loved one dies in a truck accident, we may file a wrongful death claim on behalf of the family members. Wrongful death damages include:
- The funeral and burial costs
- Any outstanding medical bills due to the truck accident
- The loss of financial support or services from your loved one
- The loss of companionship and consortium of your loved one
Punitive damages
Under Tenn. Code Ann. § 29-39-104, punitive damages may be available in limited cases if proven by clear and convincing evidence that the defendant acted maliciously, intentionally, fraudulently, or recklessly. Tennessee law generally caps punitive damages.
What factors affect the amount of a truck accident settlement or trial in Tennessee?
Generally, the following factors affect the amount you can receive:
- The strength of your liability claim
- The amount of insurance coverage
- The insurance company (some insurance companies favor settlements, others favor trials)
- The value of your damages
- The preparation of your insurance claim
Insurance companies typically pay less to settle cases than to try them, unless liability is clear and the claim is worth more than the insurance policy limits. One advantage of a settlement is that you will likely get the money faster (it can take a while before a jury hears your case).
Contact a Tennessee truck accident attorney today
At Rocky McElhaney Law Firm: Car Accident & Injury Lawyers, we can fight to maximize your recovery. Our trial lawyers have the skills and working relationship to try cases before juries. We also settle many cases. We anticipate and work to counter the arguments insurance companies and defense lawyers are likely to make to try to deny or reduce your claim. We understand how to present evidence and how to speak to juries.
Please contact us to schedule a free consultation in Nashville, East Nashville, Hendersonville, Clarksville, or Murfreesboro.