Fayetteville is a charming city and the county seat of Tennessee’s Lincoln County, named not for the president but Major General Benjamin Lincoln, who fought in the Revolutionary War. The city was founded in 1809. Its brick courthouse served as a headquarters for Union troops in the Civil War but was replaced with a newer building in 1874. The city’s climate is considered humid and subtropical, with rains even during the summer. If you are hurt in a tractor-trailer crash near Fayetteville, your injuries might well be severe or even catastrophic. You may be concerned about how you’ll pay for expensive hospital bills, and you may need to rest and recover, taking time off from work to do so. Knowledgeable Fayetteville truck accident lawyer Matt Hardin can offer sound advice and legal representation during this difficult time. He has compiled experience in all areas of personal injury law, ranging from car, truck, and motorcycle wrecks and wrongful death to slip and falls, defective products, medical malpractice, and more. Seek Compensation from Negligent Truck Drivers and Trucking Companies
Most truck collisions are caused by careless actions rather than intentional conduct. Whether the trucker is tired, overloaded the truck, or was distracted for a moment while behind the wheel, a minor error can result in substantial harm. People who are injured in a big rig accident can recover the full spectrum of their damages if they prove negligence. This requires showing four main elements: duty, breach of duty, causation, and damages.
Truck drivers must carry liability insurance, but the coverage may not be adequate if a victim suffers serious injuries. In these situations, you may need to sue the commercial driver’s employer as well. Trucking companies typically have greater insurance coverage than a single driver does. You may be able to sue a company under certain theories of direct liability, such as negligent hire, negligent supervision, or negligent entrustment. A Fayetteville lawyer with knowledge of truck accident cases can assess which of these theories may be relevant in your situation.
For example, if a trucking company knows one of its drivers struggles with substance abuse and continues to employ him, it is likely to be liable under a theory of negligent supervision if he causes an accident because he is impaired by drugs. Similarly, if a trucking company has a hard time finding qualified drivers and decides to stop conducting the mandated background checks for employees, it might hire someone who has a history of DUIs. This might make the entity responsible for negligent hiring if that driver causes a crash because he or she got behind the wheel while drunk. An experienced Fayetteville truck accident attorney can help to evaluate whether negligent hiring may be an issue to pursue in your case.
Trucking companies can also be held liable under theories of vicarious liability or respondeat superior even if they were not directly negligent. These can apply if the driver at fault for the accident was an employee on the job at the time it happened. In order to avoid liability, some trucking companies misclassify their employees as independent contractors. However, courts will look at a range of factors to determine whether a driver was an employee or an independent contractor, rather than simply accepting the company’s classification.
Truck accidents near the Fayetteville area can result in substantial harm. If you are hurt because of a tractor-trailer driver’s negligence, compassionate injury lawyer Matt Hardin can help you take legal action to seek appropriate compensation. Among the damages you can potentially recover may be medical bills, lost wages, cost of household services, mental anguish, property damage, and pain and suffering. Consult Matt Hardin by calling 615-200-1111 or filling out our online form to set up a free initial meeting.