Fatal Truck Accident Injuries
Family members who have lost a loved one in a fatal truck accident need help as quickly as possible. Negligent drivers, trucking companies, or other parties may hold liability for the incident, but proving these claims can be challenging. A truck accident lawyer in Nashville with experience handling complex injury claims can help explain your options moving forward after a fatal truck accident occurs.
Common Causes of Fatal Truck Accident Injuries
Fatal truck accidents are often the result of preventable negligence. Understanding the common causes of these accidents is important for determining liability and pursuing justice. Some of the most frequent causes of fatal truck accidents include:
- Driver fatigue. Truck drivers face constant pressure to meet deadlines, leading them to drive for extended periods without adequate rest. Drowsy truck driving slows reaction times and impairs decision-making, increasing the risk of deadly accidents.
- Distracted driving. Like any driver, truck drivers can become distracted by cell phones, GPS devices, or even in-cabin technology.
- Speeding. Driving at excessive speeds is particularly dangerous for large trucks, as their size and weight make them harder to stop. Speeding reduces the driver’s ability to react to approaching roadway hazards and increases the severity of accidents.
- Improperly loaded cargo. When cargo isn’t properly balanced or secured, it can shift when the vehicle moves, especially when the driver accelerates or brakes, causing the truck to become unstable. This can lead to rollovers or jackknifing, which often result in fatal accidents.
- Mechanical failures. Commercial trucks require regular maintenance (daily, weekly, monthly, and annually) to ensure they are safe to operate. Brake failures, tire blowouts, and other mechanical issues can cause deadly crashes.
- Driving under the influence. Impaired driving is a serious issue in truck accidents. Whether the driver is under the influence of alcohol, drugs, or even certain prescription medications, impaired judgment increases the risk of a fatal accident. Our Nashville drunk driving lawyer can hold these negligent drivers to justice.
How Can a Truck Accident Lawyer Help?
It is important to understand that the legal process for seeking compensation can be complex. Trucking carriers, their legal teams, and their insurers often have teams of lawyers work to lower payouts or deny claims altogether. A Nashville fatal accident lawyer with experience in fatal accident cases can offer the guidance and support you need to navigate this difficult time. Here’s how a lawyer can help:
What Type of Truck Accidents Can Be Fatal?
Fatal truck accidents can occur in many different ways, and some types of crashes are more likely to result in fatalities than others. Understanding the different types of large truck collisions can help you recognize the severity of these collisions and the potential risks involved. Common types of fatal truck accidents include:
- Head-on collisions. When a truck collides head-to-hear with another vehicle, the results are often fatal, particularly for the occupants of the smaller vehicle. Head-on collisions typically occur due to driver error, such as crossing the center line or losing control of the vehicle.
- T-bone accidents. Also referred to as side-impact collisions, these dangerous collisions occur when a truck strikes the side of another vehicle. The impact is especially deadly for occupants seated on the side of the vehicle that is hit, as they are directly exposed to the force of the collision.
- Rear-end collisions. Trucks traveling at high speeds sometimes can’t stop in time to avoid a collision with a slower-moving or stopped vehicle. Rear-end collisions involving trucks often result in fatalities due to the tremendous size and weight of the truck compared to passenger vehicles.
- Rollover accidents. Trucks are prone to rollovers, particularly when they are improperly loaded or traveling at high speeds on sharp curves. Rollovers can crush smaller vehicles, leading to fatal injuries for their occupants.
- Jackknife accidents. A jackknife occurs when the truck’s trailer swings from behind the cab to form an angle with the cab, often leading to a complete loss of control. These accidents are highly dangerous and can result in multi-vehicle pile-ups, which are often fatal.
- Underride accidents. These deadly collisions happen when a smaller car slides underneath the trailer of a truck. These accidents often result in severe injuries or fatalities for the occupants of the smaller vehicle.
Each of these accidents can result in catastrophic injuries or death, leaving families devastated in their wake.
Understanding Tennessee Wrongful Death Laws
In Tennessee, when a person’s death is caused by the negligence or wrongful actions of another party, surviving family members may file a Nashville wrongful death lawsuit. Wrongful death claims allow the family to seek compensation.
Under Tennessee Code § 20-5-106, the following individuals are eligible to file a wrongful death lawsuit:
- The surviving spouse of the deceased
- The children of the deceased
- The parents of the deceased (if no spouse or children exist)
- The personal representative of the deceased’s estate
It is important to note that Tennessee law imposes a statute of limitations on wrongful death claims. In most cases, the lawsuit must be filed within one year from the date of death. Failing to file within this time frame can result in the loss of the right to pursue compensation.
What Compensation Can You Recover in a Fatal Truck Accident Claim?
The compensation available in a wrongful death claim can help families recover from the financial and emotional impact of their loss. In Tennessee, the damages available in a fatal truck accident claim may include:
- Medical expenses. If your loved one required medical treatment before passing away, you can recover compensation for those medical bills.
- Funeral and burial costs. Compensation is available for the costs associated with the funeral and burial of your loved one.
- Lost wages and benefits. If your loved one was the primary breadwinner, you may be entitled to compensation for the income and benefits they would have provided had they survived.
- Loss of companionship and support. Families can recover compensation for the emotional pain and suffering they have experienced, including the loss of companionship, guidance, and emotional support from their loved one.
- Punitive damages. In cases where the responsible party’s actions were particularly reckless or egregious, after the truck accident, punitive damages may be awarded to punish them and deter similar behavior in the future.
How Soon Should You File a Claim?
Because Tennessee law imposes a one-year statute of limitations on wrongful death claims, it is essential to act quickly after a fatal truck accident. Gathering evidence, identifying liable parties, and building a strong case takes time, and delays can jeopardize your ability to recover compensation. Contacting a lawyer as soon as possible ensures that all necessary steps are taken within the legal time frame.
Contact a Tennessee Truck Accident Lawyer Today
Losing a loved one in a fatal truck accident is an overwhelming experience. At Larry R. Williams, PLLC, our compassionate Nashville injury attorneys are here to provide the support you need while fighting for the justice your family deserves. We are committed to helping you recover compensation for your loss and to ease the financial burdens caused by such a tragedy. Reach out to us today to consult with an experienced Tennessee truck accident lawyer.