Smyrna, TN Truck Accident Lawyer

Located less than 30 minutes from Nashville and home to more than 50,000 residents, Smyrna, Tennessee, is a charming bedroom community that U.S. News and World Report once named one of the best cities in which to retire. Unfortunately, as part of the Nashville Metropolitan Area, Smyrna gets more than its fair share of traffic, including severe injury and even fatal accidents. When those crashes involve large commercial trucks or buses, the injuries and damages can be catastrophic and life-changing.

Why are semi-truck collisions so dangerous?

Fully loaded semi-trucks, big rigs, 18-wheelers, tractor-trailers, and other large trucks can weigh up to 80,000 pounds. When these mammoth commercial vehicles collide with cars or SUVs, the resulting injuries can be catastrophic and require costly ongoing care. Keeping track of and valuing your truck accident losses can be tedious and time-consuming. Our skilled legal team can help.

How much does it cost to hire a truck accident lawyer in Smyrna?

A well-qualified truck accident attorney in Smyrna, TN, will offer ways to reduce your upfront costs and financial worries when seeking legal representation. They do this by providing free initial consultations so you can determine if your claim is worth pursuing. They also will provide their services on contingency, meaning their payment is a portion of your final settlement amount.

At Weir & Kestner, we offer free consultations and work on contingency to help you get the professional guidance you need without increasing your burden as you recover from your injuries. While every case is unique, we do everything possible to secure maximum compensation. You don’t have to pay us if we don’t win your case. It’s as simple as that. 

What should I do after being in a crash with a semi-truck?

You are likely to be severely injured after a truck crash, so you or someone else call 911 for medical assistance and the police. Stay still if you are badly hurt until you can get treated. If your injuries allow you to walk, move away from danger. Other recommended actions include:

• Tell the police officers your side.
• Take photos of your injuries, the scene, and vehicle damage.
• Don’t make small talk, admit guilt, or place blame on anyone.
• Ask witnesses for their contact information.
• Exchange contact and insurance details with the truck driver.
• Call a skilled truck accident attorney for a free consultation.
• Contact your insurance provider and give them the basic details of the accident.

Aside from the necessary conversations, it’s best if you don’t talk about what happened and your injuries with anyone other than your attorney. If you say, “I’m sorry,” to another driver, they could use that as an admission of guilt, affecting your claim. Let your attorney handle all communications so you can focus on getting better. 

How long do I have to file a claim?

After a truck accident, you don’t have very long to file your lawsuit if the insurance company is not cooperating. The statute of limitations in Tennessee is just one year from the crash date. If the accident is fatal, your family has a little more time since the clock starts ticking the day you pass away. 

This is why it’s critical to call a lawyer immediately so they can have as much time as possible to build your case and advise you when it’s time to file legal action against the at-fault parties.  If you miss the deadline, you may lose your chance to seek compensation through the justice system.

What kinds of damages can I claim?

You can request compensation for many damages, including some you may overlook without the advice of an experienced truck accident lawyer in Smyrna, TN. Some examples are:

• Hospital, ICU, and ER bills
• Surgical costs
• Doctor bills for follow-up treatment
• Emergency transportation bills
• Lost income and benefits
• Pain and suffering
• Emotional distress
• Property damage
• Loss of limb
• Loss of enjoyment of life
• Grief, isolation, and mental anguish

In recent years, trucking companies have been subject to so-called “nuclear awards.” These are damages (compensatory or punitive) so large that they can bankrupt a company. While rare, if the truck driver, trucking company, or other party was so egregiously negligent in their actions, your claim may be eligible for a very high payout. 

Why should I work with Weir & Kestner?

Weir & Kestner isn’t your typical personal injury law firm. Before becoming plaintiffs’ attorneys, we represented insurance companies in litigation and gained valuable insight into how they assess, value, and handle truck accident claims. Now, we help clients throughout the Volunteer State get the recovery and justice they’re owed. We may be able to do the same for you. Depending on the facts and evidence, you could collect compensation for medical expenses, lost wages, loss of future earning potential, property damage, pain and suffering, and much more.

The trucking company has insurance – why do I need a lawyer?

If you or your loved ones were hurt in a Smyrna truck accident caused by another person or company’s negligence or carelessness, you might be entitled to significant compensation. However, you can expect considerable pushback from the at-fault party, their insurer, and defense team—and there’s far too much at stake to go it alone.

Let Weir & Kestner Injury Lawyers’ accomplished and insightful truck crash attorneys handle your insurance claim or lawsuit from start to finish. Here’s what you should know about Tennessee truck accident cases and how our experienced lawyers, Joe Weir and Tony Kestner, can help you maximize the value of your claim and fight for the recovery you deserve.

Who else besides the driver could be liable for the crash?

Depending on the cause of the truck crash, the person or persons responsible can vary. It can be difficult—and stressful—for accident victims to try to determine who to name as the defendant in their lawsuit. Our attorneys will conduct a thorough investigation to identify the appropriate party.

How your Smyrna truck accident lawyer will prove liability

Just as truck accident cases involve more potentially liable parties, they also involve more evidence. Hiring, training, and driving records for the truck driver; information about who owns the truck, and when it was last inspected and serviced, and by whom can be valuable to your case. While accident victims don’t easily access this information, our lawyers can send spoliation letters to the relevant parties, informing them of their obligation to preserve evidence.

How long will my case take to settle?

Negotiations with large trucking companies can be frustrating since they often delay things, hoping you’ll take a lower offer and end the claim. Our truck accident attorneys will push back to get the compensation you deserve.

If a case goes to trial, it may take one to five years to get there, depending on case complexity, the parties, and the court’s schedule.  At Weir & Kestner, if there is an opportunity to adequately compensate you early through a pre-litigation settlement we will thoroughly review this option.  However, most of the time, in order to maximize the value of your truck accident claim a lawsuit must be filed and litigation must occur.

What is a semi-truck “black box” and how can it help my case?

An event data recorder, or “black box,” is installed on nearly every commercial truck used today. It tracks data such as speed, acceleration, braking, and evasive actions. This can be invaluable for supporting your claim or negligence against a truck driver, but obtaining it can be challenging.

The trucking company will likely resist handing this information over if it hurts their case. Your attorney can file a motion to compel the company to preserve and share the data with you. Showing a truck driver was speeding, failed to brake in time, or that the truck malfunctioned can help your case.

Common causes of truck accidents

Semi-trucks are much heavier, larger, and more challenging to control than passenger vehicles. Those factors alone make them more likely to be involved in accidents. However, there are many common causes our team sees in commercial truck crashes near Smyrna, TN, including:

• Drunk or drugged driving
• Drowsy driving
• Distracted driving
• Speeding
• Failure to drive cautiously in bad weather
• Road rage
• Poor maintenance or repairs
• Cargo that is improperly secured or loaded
• Malfunctioning parts
• Inexperienced or inadequately trained drivers

Trucking companies, truck manufacturers, repair shops, loading companies, and drivers can all be potentially liable for your accident. We will investigate your case to determine all at-fault parties and hold each of them accountable for their negligence. 

Types of semi-truck accidents

Our team of truck accident lawyers sees many of the same kinds of accidents involving commercial trucks, including: 

• Jackknife: A jackknife accident occurs when the trailer swings around at a sharp angle to the tractor, resembling a partially open pocketknife. 
• Lost cargo: Freight that is unbalanced or not secure can shift inside a trailer, causing the driver to lose control or swerve. 
• Rollover: Tractor-trailers are top-heavy and prone to rolling over on uneven or sloped ground. Rolling over onto other vehicles can injure many people at once. 
• Sideswipe: Truck drivers can sideswipe other vehicles if they swerve to avoid road debris or a car in front of them. 
• Underride: The most deadly type of semi-truck accident involves other vehicles sliding underneath the sides or back of the trailer. 

Common truck accident injuries

Truck accident injuries are often severe, and they include:

• Amputation
• Back and spine injuries
• Broken bones
• Burns
• Internal bleeding
• Internal organ damage
• Neck injuries, such as whiplash
• Paralysis
• Traumatic brain injuries

Your medical bills can skyrocket after a truck crash, and our team will work to ensure you get the full amount you deserve.

“Dos” and “don’ts” of dealing with insurance after a crash

The severity and extent of the injuries and damages in truck crash cases can translate to significant recoveries. Insurance companies and defense attorneys will fight to pay you as little as possible—and may even use unfair tricks to try to get you to damage your own claim. Our lawyers will advocate for your best interests and serve as a buffer between you and the at-fault party’s insurer and defense team.

“Dos” when dealing with insurance

Share just the basic details of the crash, such as where it happened, plus the names and insurance companies of those involved. Refer the company to your lawyer for any further communications. 

Submit your claim as soon as you can and allow your lawyer to manage the negotiations. Only speak to your attorney about the crash since family and friends could accidentally say the wrong thing to an insurance investigator.

“Don’ts” when dealing with insurance

• Don’t let the insurance adjusters force you into recording a statement without speaking to your lawyer first. 
• Don’t accept the first offer since it probably won’t be enough. 
• Don’t discuss your injuries with them or listen if they claim you aren’t hurt. 
• Don’t be afraid to let your truck accident lawyer push back for a fair and appropriate settlement.

Why must I visit a doctor as soon as possible?

Seeing a doctor right away ensures you aren’t suffering any “silent injuries” that could be life-threatening if not diagnosed in time. It also establishes a connection between the truck accident and your harm, giving you a more substantial claim for negligence against the liable parties. 

Our Smyrna truck accident attorneys are here to help

There’s no need to suffer alone due to someone else’s negligence. The experienced legal team at Weir & Kestner Injury Lawyers focuses on providing the best possible representation to victims of comercial truck accidents. Contact us online or call our office at (615) 220-4180 to schedule your free consultation. We’ll arrange a meeting with you at our offices in Smyrna, Nashville, Murfreesboro, or Chattanooga—whichever location is most convenient for you.