Lewisburg is the county seat of Marshall County in Tennessee, located along I-65 between Huntsville, Alabama and Nashville. Revolutionary War veterans were given land grants in the area for their war service in the 1780s. The county was named for the nation’s first Supreme Court Chief Justice, John Marshall, and was established in 1836. Its county seat was named after Meriwether Lewis of Lewis and Clark Expedition fame. Notable sports players who have lived in Lewisburg have included Jason Maxwell, Marcus Haislip, and Dont’a Hightower. Three people from Marshall County have served as governors of the state. If you have fallen victim to a big rig crash near Lewisburg, you may want to consult a knowledgeable attorney to help you pursue an appropriate amount of compensation. Matt Hardin is a Lewisburg truck accident lawyer skilled in all types of personal injury claims, extending from car, truck, and motorcycle wrecks to wrongful death, medical malpractice, slip and falls, defective products, and more.
All Tennessee truckers and trucking companies are required by law to carry insurance. The insurers for individuals and entities in this industry are familiar with the wide range of federal and state regulations that govern it. After an accident, it is not uncommon for an insurance company to cajole a victim into an admission that reduces or negates the liability of the party that its policy covers. This makes it important to consult a truck accident attorney in Lewisburg who knows the laws that govern these cases as well as the insurer does.
If you are trying to establish that a trucker or his or her employer acted negligently, you will have to show the defendant’s duty of care, identify a breach of the duty, prove actual and proximate causation, and point to quantifiable damages that you incurred. When an accident happens while a driver is in the course and scope of employment, you may be able to sue the trucking company based on vicarious liability or respondeat superior. Neither of these theories requires you to show that the trucking company was negligent. Instead, you would try to prove that its employee’s carelessness should be imputed to it.
Respondeat superior is based on the idea that a principal should be held responsible for the acts of its agent when the agent is conducting business on behalf of the principal. Someone suing under this theory must show that the big rig driver who caused the crash was the employer’s agent and that the driver was acting within the scope of his or her employment when it happened.
Typically, independent contractors are not employees for purposes of an employer’s indirect liability, and a Lewisburg truck accident attorney will have a good understanding of this issue. Drivers sometimes are misclassified as independent contractors because a trucking company knows this rule. However, the courts know that this decision may be made in order to avoid liability, and it will consider several factors in determining whether a trucker is an employee notwithstanding the employer’s classification. These usually include the trucking company’s right to control the driver’s work, the right of termination, the method of payment, the freedom of the driver to select helpers, the furnishing of vehicles, tools, or equipment, the self-scheduling of work hours, and the freedom to work for other entities.
The trucking company may also be directly liable to a crash victim if it acts carelessly. Some common theories that are based on showing its failure to use proper care include negligent hire, negligent supervision, and negligent entrustment. To decide how best to pursue the defendants that are responsible for your harm, you will need to discuss the details of your situation with a capable lawyer.
Truck accidents in Lewisburg or elsewhere in Tennessee can result in devastating injuries. If you have been hurt because a commercial driver operated a big rig carelessly or recklessly, dedicated lawyer Matt Hardin can help you file a claim for compensation. Take the first step toward a conversation with him by calling 615-200-1111 or sending a message through our online form.