Located in Cannon County, Tennessee, Woodbury is a small city of about 2,500 people roughly 50 miles southeast of Nashville. The town covers approximately two square miles, and its residents have a median income of about $24,000. Cannon County, known for decorative arts, was established in 1836 when the state legislature created it from portions of Rutherford, Smith and Warren Counties. Woodbury is the county seat, but it was isolated from major transportation networks until the completion of the road that became U.S. Highway 70S in the 1920s. This traffic artery promoted the development of the area. If you have been harmed near Woodbury in a tractor-trailer wreck resulting from the careless or reckless conduct of a commercial driver, you should discuss your situation with attorney Matt Hardin. As a Woodbury truck accident lawyer, he is familiar with every area of injury law, having represented victims not only of car, truck, and motorcycle accidents, but also medical malpractice, slip and falls, defective products, wrongful death, and more.
The key elements to prove in a negligence claim based on a big rig crash consist of the truck driver’s duty, an action that breached this duty, actual and proximate causation leading from the breach to the wreck, and compensable damages sustained by the victim. Often, a truck accident happens while a driver is on the job. When a careless driver was operating a commercial vehicle while in the course and scope of his or her employment, it may be possible to sue the trucking company as well. This can be helpful because they usually carry insurance with higher liability limits than individuals do. Truck accident injuries may be significant and permanent, so it may be important to have multiple potential sources of recovery. A lawyer with knowledge of Woodbury truck accident cases can assist you in identifying and pursing all potentially liable parties.
A trucking company can be held liable for an employee’s negligence under theories of negligent hire, negligent supervision and retention, negligent entrustment, vicarious liability, and respondeat superior. The first three of those doctrines require an accident victim to prove that the employer itself engaged in some careless action. This can include failing to conduct requisite background checks of its drivers or ignoring signs that a certain trucker is not taking rest breaks or has a drug or alcohol abuse problem.
Like their drivers, trucking companies are governed by numerous federal and state regulations. This means that they can be sued under a theory of negligence per se in certain circumstances, which can make the victim’s path to compensation smoother. Negligence per se usually applies if a defendant broke a law that was designed to protect the public or people like the victim, and the type of harm that occurred was something that the statute was designed to prevent. However, negligence per se accounts only for the duty and breach elements of an ordinary negligence claim. This means that the victim still must show the elements of causation and damages to establish liability. Your Woodbury truck accident attorney can assess the facts of your case to determine whether this particular set of rules applies.
An employer also can be held responsible for an employee’s negligence even when the company was not careless at all. For example, under the doctrine of respondeat superior, an entity can be held liable for the negligent acts of agents working on its behalf. To use this doctrine, a victim must show that the truck driver was the trucking company’s agent and that the driver was acting to further the employer’s business and within the scope of his or her employment at the time of the crash.
Substantial injuries can arise from truck accidents in Woodbury or the surrounding areas of Cannon County. If you have been hurt because of a tractor-trailer driver’s negligence, an experienced lawyer can help you seek compensation for your harm. This can include reimbursement for medical bills, lost wages, the cost of household services, mental anguish, property damage, and pain and suffering. In rare, particularly egregious cases, punitive damages may also be available. Consult tenacious attorney Matt Hardin by calling 615-200-1111 or completing the contact form on this website to set up a free initial consultation.