Tennessee’s Personal Injury Laws: What to Do After a Commercial Vehicle Accident
Experiencing an accident involving a commercial vehicle in Tennessee can be overwhelming and stressful. Understanding Tennessee’s personal injury laws and knowing the steps to take following the incident is essential for protecting your rights and ensuring you receive the compensation you deserve.
Understanding Tennessee’s Personal Injury Laws
Tennessee follows a modified comparative negligence system, meaning that if you are involved in an accident, your compensation may be reduced based on your percentage of fault. If you are found to be more than 50% at fault, you will not be eligible to recover any damages. It’s crucial to gather evidence and document the accident to establish liability effectively.
Steps to Take After a Commercial Vehicle Accident
1. Ensure Safety: The first step after any accident is to ensure your safety and the safety of others involved. Move to a safe location if possible and call 911 to report the accident.
2. Seek Medical Attention: Even if you feel fine, it is vital to seek medical attention. Injuries may not be immediately apparent but can have long-term effects. Medical records will serve as crucial evidence if you decide to file a claim.
3. Document the Scene: Take photos of the accident scene, including vehicle damage, street signs, and any injuries. Collect contact information from witnesses, obtain the commercial vehicle driver's information, and gather insurance details.
4. Report the Accident: File a police report, as this documentation is essential for your insurance claim and any potential litigation. Be factual in your statement and avoid admitting fault at the scene.
5. Notify Insurance Companies: Inform your insurance provider of the accident as soon as possible. Be cautious when discussing the accident with the commercial driver’s insurance company. Avoid providing recorded statements or signing any documents without legal counsel.
6. Consult an Attorney: Hiring an experienced personal injury attorney is crucial for navigating Tennessee's personal injury laws. An attorney can help you understand your rights, gather evidence, negotiate with insurance companies, and represent you in court if necessary.
Common Causes of Commercial Vehicle Accidents
Understanding the common causes can help in identifying liability. Factors leading to commercial vehicle accidents may include:
- Driver fatigue or distraction
- Inadequate training
- Improper vehicle maintenance
- Overloading or improper cargo securing
- Driving under the influence of drugs or alcohol
Pursuing Compensation
If you are injured in a commercial vehicle accident, you may be entitled to various forms of compensation, including:
- Medical expenses (current and future)
- Lost wages and earning capacity
- Pain and suffering
- Emotional distress
- Property damage
Conclusion
Being involved in a commercial vehicle accident can be a life-altering experience. It's vital to understand Tennessee's personal injury laws and take appropriate action to protect your rights. By gathering evidence, seeking medical attention, and consulting with an attorney, you can navigate the complexities of the legal system and work towards obtaining the compensation you deserve.