Legal Representation for Truck Crashes in Clarksville
Clarksville is the Tennessee city at the center of the Clarksville Metropolitan Statistical Area (MSA), which is the second-fastest growing MSA in the country. In 2008, it was branded with the official nickname “Tennessee’s Top Spot,” but past nicknames include Gateway to the New South and Queen of the Cumberland. Located on the northwest edge of the Highland Rim on the Cumberland River, Clarksville is the fifth-largest city in Tennessee. The river was once its primary commercial route, carrying tobacco, cotton, oats, and soybeans, but today Clarksville is commercially served by a number of major roads and highways, including I-24 and U.S. Highway 41 and 79. The third-largest military population in the nation is housed at the local U.S. Army base of Fort Campbell. Run by the 18th Airborne Corps, it is the home of the Screaming Eagles of the 101st Airborne Division. An experienced Clarksville attorney can help you recover any damages incurred if you are hurt in a truck crash caused by the negligence of a driver or company. The Clarksville Truck Accident Attorneys at Matt Hardin Law have worked with many truck accident victims to pursue compensation for injuries suffered in car wrecks, truck wrecks, wrongful death, medical malpractice, slip and falls, nursing home negligence, and other types of harm.
Shared Liability for Tennessee Big Rig Collisions
Whether a commercial driver was too fatigued to drive safely or lost control of an overloaded vehicle, most truck accidents are the result of negligence rather than intentional conduct. A Tennessee plaintiff may be able to recover damages for a driver’s negligence if he or she can prove that the driver had a duty of care, the driver breached that duty, the breach directly caused the crash, and the plaintiff incurred damages as a result.
In some cases, a trucker will argue that the plaintiff was also negligent and should recover a lesser amount of damages under the doctrine of modified comparative fault. For example, if the plaintiff was speeding and the truck driver was distracted, both parties might have contributed to the accident. It would be up to a jury to determine damages and allocate fault, and a Clarksville attorney with experience handling truck accident lawsuits can help you present your case under these circumstances. If the jury allocates 49% or less of the responsibility to the plaintiff and allocates the remainder to the defendant, the plaintiff can recover damages up to the defendant’s percentage of fault. If a plaintiff is found 50% or more responsible for the crash, however, he or she will be barred from recovering anything. Don’t try to navigate a complex truck accident claim alone, call the Clarksville Personal Injury Attorneys at Matt Hardin Law today.
The Tennessee Supreme Court has ruled that the following factors should be considered when assigning fault to each party:
The relationship between the defendant’s conduct and the injury to the plaintiff
The reasonableness of each party’s conduct in confronting a risk
An analysis of whether a defendant had an opportunity to avoid hurting the plaintiff
The existence of a sudden emergency that required a hasty decision
The significance of what a party was trying to accomplish with its conduct, such as an attempt to save another’s life
Each party’s age, maturity, and training
Truck accident cases are complicated when multiple parties are alleged to be at fault, but a Clarksville truck accident attorney can guide you through each step of your lawsuit. A victim sometimes may sue both the driver for negligence and the trucking company that employed the driver for vicarious liability, negligent hiring, negligent supervision, and negligent entrustment. While the last three of those causes of action are ways to hold an entity directly liable, vicarious liability is a way to indirectly attribute responsibility to a company when its employee acts within the scope and course of employment at the time of an accident.
If you are the victim of a big rig collision, your injuries may be very serious, and your family may not be able to depend on you for income, support, or companionship. Damages may be available to compensate you for pain and suffering, medical expenses, lost wages, and property damage. A truck crash lawyer can evaluate whether you have a sound claim after a Clarksville wreck and represent you in a lawsuit against all responsible parties. Contact Matt Hardin by calling sending a message through our online form.