Jackson is a Tennessee city located in Madison County. As of 2010, over 65,000 people resided there. Several major roadways traverse the city, including I-40 and U.S. Routes 45, 70, and 412. McKeller-Sipes Regional Airport and multiple railway lines also serve Jackson. Notable people from Jackson include Casey Jones, a railroad engineer who saved an entire train of passengers when it collided with a train that had stalled, musician Sonny Boy Williamson, game show host Wink Martindale, musician Carl Perkins, and aviator Steve Fossett, who flew around the world in a hot air balloon. The city developed as a railroad junction for the Mississippi Central, the Tennessee Central, and other rail lines. Goods are still delivered along the Tennessee Midland Railway and also by using commercial tractor-trailers. If you are hurt in a truck crash, the injuries may be extensive and debilitating. Beyond the physical aspects of your recovery process, you may also be experiencing concern about how you will pay the related expenses. If you have been hurt in the Jackson area by a commercial driver’s carelessness, experienced truck crash attorney Matt Hardin can offer you the dedicated representation that you need. As a Jackson truck accident lawyer, he has served countless clients across Tennessee in claims arising from car wrecks, truck wrecks, wrongful death, medical malpractice, slip and falls, nursing home negligence, and other injuries.
Commercial Driver Negligence and Comparative Fault
To recover damages after a truck crash, most plaintiffs need to prove negligence by the driver or the trucking company. The elements that must be shown in this lawsuit are duty, breach of duty, proximate and actual causation, and damages. In general, all truck drivers have a duty to use reasonable care to avoid the unreasonable risk of harm to others on the road. The failure to use reasonable care in operating a tractor-trailer or the failure to follow any of the many federal safety regulations that govern this industry might constitute a breach of that duty.
A breach of duty must be closely and causally connected to the accident to hold the defendant liable, and a Jackson lawyer with knowledge of truck accident lawsuits can analyze these factors. In other words, there usually cannot be an extended period of time or several intervening factors between the truck driver’s careless actions and the plaintiff’s injuries for the breach to be a proximate cause. For example, if the trucker is driving at an unsafe speed to get to his destination and cuts off the plaintiff, forcing the plaintiff to change lanes, he or she may be violating the duty to drive safely. If the plaintiff moves into another lane and crashes into a construction vehicle, the truck driver’s unsafe driving might be considered a proximate cause of the accident.
If the plaintiff sues multiple defendants for negligence, a jury would assess damages as well as allocate the comparative fault of each defendant. In most cases, a co-defendant is only responsible for paying the plaintiff damages to the extent it was at fault for the accident. Any compensation awarded to a victim also will be reduced in proportion to the victim’s own degree of fault, and a Jackson truck accident attorney can help you assess what these calculations might look like in your case. For example, if the jury awarded $100,000 and allocated 60% of the liability to the truck driver and 40% of the liability to the victim, the plaintiff could recover no more than $60,000 from the driver.
Types of compensation available could include recovery for pain and suffering, missed wages, medical expenses, and property damage. There is a limited time window to file a claim after a collision, however, so you should consult an attorney as soon as possible if you are considering taking legal action.
Retain a Skilled Truck Accident Attorney in Jackson
Injuries incurred in a highway collision can be devastating. But you should not feel obliged to bear the financial burden alone when someone else’s carelessness caused your harm. If you are hurt in a truck wreck in Jackson, dedicated lawyer Matt Hardin may be able to help you recover the compensation that you need. Contact us by calling 615-200-1111 or send us a message through our online form.