Who May Sue for a Death or Serious Injury in a Tennessee Trucking Accident?

Published On - November 12, 2015

Dinah Michael Motor Vehicle Accidents

Sue for a Death or Serious Injury While it is true that any motor vehicle collision can leave the occupants of the involved vehicles with serious injuries, when a tractor-trailer is one of the vehicles the likelihood of serious, even fatal, injuries increases significantly. If you e injured in a trucking crash, or you are the surviving family member of someone who was killed in one, you may have the right to compensation if the truck was partially, or fully, responsible for the collision. Although no amount of compensation is worth being the victim, or survivor, of a trucking accident, you should know who can sue for death or serious injury in a Tennessee trucking accident so that you know what your legal options are.

From a legal perspective, a trucking accident is handled the same way as a car crash. For a victim who was injured in the collision to be entitle to pursue compensation from the truck driver, truck owner, or anyone else, negligence must be establish on the truck’s part. Negligence is simply the legal word for “fault” or “responsibility.” In the State of Tennessee, the doctrine of comparative negligence is used, meaning that the truck does not have to be 100 percent responsible for the collision in order for an injured occupant to be entitled to damages. In fact, a victim may be negligent as well in the accident and still be entitled to compensation as long as the victim’s percentage of fault does not exceed 50 percent.

If another driver or passenger was fatally injured in a trucking collision the surviving family members may be entitled to pursue a wrongful death lawsuit. In that case, the laws of the State of Tennessee allow the following people to potentially pursue compensation for their loss:• The spouse of the decedent

  • The surviving children or next of kin
  • The personal representative of the deceased person’s estate
  • The surviving parent or parents, if the deceased person was dependent on his or her parent at the time of death, and
  • The administrator of the deceased person’s state, if the deceased person was a dependent at the time of death.

Trucking accidents are often complicated because of the serious nature of the injuries they tend to cause. Furthermore, it can be difficult to determine negligence without the assistance of an accident reconstructionist.

If you suffered injuries in a trucking collision, or you lost a loved one to one, it is in your best interest to consult with the experienced Tennessee trucking accident attorneys at Bennett, Michael & Hornsby. Contact the team today by calling 615-898-1560 to schedule your appointment.

 

Dinah Michael
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