If you’ve been hit by a tractor-trailer or commercial truck in Greeneville, the aftermath is usually severe. The size and weight difference between a passenger vehicle and an 80,000-pound semi means the injuries tend to be catastrophic. Broken bones, spinal cord damage, traumatic brain injuries, burns, and wrongful death are common outcomes.
And unlike a typical fender bender, a truck crash involves multiple parties. The driver, the trucking company, the freight broker, the maintenance provider, and even the cargo loader can all share responsibility. Insurance policies are larger, but so are the legal teams the trucking companies deploy to protect their interests. They start investigating within hours of the crash.
Our Greeneville, TN truck accident lawyer has been handling these cases for over 30 years. We move quickly to preserve evidence, and we know how to take on the commercial carriers and their insurers. Call us for a free consultation.
Mark T. Hurt has spent his career pursuing serious personal injury cases, including truck wrecks that leave families devastated. He graduated from the University of Virginia and earned his law degree from Duke University School of Law. His willingness to take cases to verdict gives our firm leverage that many truck accident lawyers simply don’t have.
Payton R. Johnson chose to specialize in personal injury litigation. He holds degrees from Campbell University and the Appalachian School of Law. Payton brings a systematic, evidence-driven approach to truck accident investigations that is well suited to the complexity these cases demand.
The firm has recovered millions of dollars for clients, including a $1 million recovery in a truck accident with catastrophic injuries, a $980,000 result in an 18-wheeler crash, and a $750,000 settlement in another 18-wheeler collision that caused severe cervical and shoulder injuries.
Commercial truck accidents require a different investigation than a typical car crash. We immediately work to obtain the truck’s electronic logging device data, which records driving hours and rest periods. We request the driver’s qualification file from the carrier, which should contain their driving record, drug and alcohol testing results, and medical certification. We look at the truck’s maintenance records, pre-trip inspection logs, and cargo manifests.
This evidence has a way of disappearing if no one demands its preservation early. Federal regulations require carriers to keep some of these records, but not forever. Our truck accident attorney in Greeneville knows which records to demand, when to demand them, and how to use them.
We also look at the carrier’s safety record with the FMCSA. Prior violations, out-of-service orders, and poor safety ratings can all be used to demonstrate a pattern of negligence. If the trucking company has a history of putting unsafe vehicles or unqualified drivers on the road, that history strengthens your case considerably.
We also handle car accident cases and motorcycle accidents in the Greeneville area.
Truck accident cases are expensive to litigate. They involve accident reconstructionists, medical professionals, trucking industry consultants, and often lengthy pretrial discovery. We front all of those costs and only get paid if we recover compensation for you.
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“They did an awesome job with my case. They were optimistic with getting the charges dropped on 2 separate tickets. 1 being improper lane change and the other reckless speeding. And both were dropped to only fines and court costs. No points on my license at all. I couldn’t be more ecstatic!!” — Branden Wagner
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East Tennessee’s highways carry significant commercial traffic. US-11E, US-321, and nearby Interstate 81 all see heavy truck volume. Our firm handles all types of commercial vehicle accident claims.
Tennessee’s one-year statute of limitations under Tenn. Code Ann. § 28-3-104 applies to truck accident claims just as it does to other personal injury cases. One year is not a lot of time, especially when the injuries are severe and treatment is ongoing. Filing early preserves your rights while you focus on recovery.
The Federal Motor Carrier Safety Administration regulates the trucking industry at the federal level. FMCSA rules cover driver qualifications, hours of service, vehicle maintenance, cargo securement, and drug and alcohol testing. When a trucker or trucking company violates these federal safety regulations, it can establish negligence per se, meaning the violation itself is proof of fault.
Tennessee’s modified comparative fault rule under Tenn. Code Ann. § 29-11-103 also applies. If you are found less than 50% at fault, you can recover damages reduced by your percentage of fault. In truck accident cases, trucking companies routinely try to shift blame to the other driver. Proving federal violations makes those arguments much harder to sustain.
Commercial trucks in Tennessee must carry substantially more insurance than passenger vehicles. Federal law requires a minimum of $750,000 in liability coverage for most interstate carriers, and trucks carrying hazardous materials must carry between $1 million and $5 million. These higher policy limits mean larger potential recoveries, but they also mean the insurance companies fight harder.
Because truck accident injuries tend to be severe, the damages are typically larger than in passenger vehicle crashes.
Economic damages cover every quantifiable financial loss. Medical expenses often run into the hundreds of thousands of dollars for truck accident victims. ICU stays, surgeries, rehabilitation, home modifications, and long-term care all factor into the calculation. Lost wages and diminished earning capacity are also recoverable. If the crash ended your ability to work in your previous occupation, an economist can project your lifetime income loss.
Non-economic damages address pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and physical impairment. Tennessee caps non-economic damages at $750,000 for most cases and $1,000,000 for catastrophic injuries under Tenn. Code Ann. § 29-39-102.
Punitive damages are available when the trucker or trucking company acted with reckless disregard for public safety. Falsifying log books, knowingly hiring an unqualified driver, or ignoring critical maintenance issues are examples of conduct that may support a punitive damages claim. These awards are designed to punish particularly egregious behavior and deter others from doing the same.
Wrongful death damages are recoverable when a truck crash kills a family member. Tennessee’s wrongful death statute allows surviving family members to recover for funeral expenses, loss of income, loss of companionship, and mental anguish. These claims must also be filed within one year of the date of death. A wrongful death case arising from a trucking accident often involves significant compensation because the harm is so profound and the negligence so clear. Our firm has recovered $1 million in a wrongful death case involving a teenager and has the trial experience needed to pursue maximum accountability against negligent carriers and their drivers.
If you or someone you love was injured in a truck accident in Greeneville, TN, time is critical. Evidence from the truck’s black box and electronic logging device can be overwritten. Maintenance records can be lost. Witnesses’ memories fade. The trucking company’s legal team is already building their defense.
Our truck wreck lawyers offer free consultations and take cases on contingency. We have the resources and the experience to take on national trucking companies and their insurers.
Contact us today so we can start protecting your rights and building your case. The consultation is free, and we don’t collect a fee unless we win your case.
“We hired Mr. Hurt to help settle a worker’s comp injury case for my husband. Mark, Bart, and Mary worked tirelessly to resolve his case and reach a settlement we were pleased with. They were always available to answer questions and returned calls in a timely manner.“
