Best Truck Accident Attorneys in Nashville
Compare Top Truck Accident Attorneys
| Lawyer Name | TN Bar Association Status | Year Admitted to TN Bar | Law School Attended | Learn More |
|---|---|---|---|---|
| Donald N. Capparella | Active | 1985 | University of North Carolina School of Law | |
| Brian Cummings | Active | 1998 | Vanderbilt University Law School | |
| Philip N. Elbert | Active | 1981 | Vanderbilt University Law School | |
| Matthew Hardin | Active | 2001 | University of Tennessee College of Law | |
| Jim Higgins | Active | 1993 | University of Memphis Cecil C. Humphreys School of Law | |
| Phillip H. Miller | Active | 1979 | Nashville School of Law | |
| David Randolph Smith | Active | 1985 | University of Texas School of Law | |
| J. Gerard Stranch, IV | Active | 2003 | Vanderbilt University Law School | |
| Susan Neal Wiley | Active | 2011 | Wake Forest University School of Law | |
| Keith Williams | Active | 1993 | Nashville School of Law |
Filing a Truck Accident Lawsuit in Tennessee
Whether you decide to take on your lawsuit on your own, or use one of the attorneys mentioned above, there are a number of laws and regulations you should be aware of regarding truck accidents. Keep in mind that when we use the term “truck” were are not referring to your standard pick-up truck, but to commercial trucking vehicles such as:
- 18-Wheelers
- Tractor trailers
- Big rigs
- Box trucks
- Semi trucks
See below for a quick guide to truck accident lawsuits in the Volunteer State. If you have any questions, we highly recommend reaching out to one of the attorneys listed above.
Tennessee Statute of Limitations
To ensure individuals cannot threaten with a lawsuit indefinitely and to make sure evidence in a case does not lose integrity (e.g. memories of an accident), each state has a statute of limitations. This law sets out how long someone has to file a lawsuit against another party and varies depending on the type of claim. If a lawsuit is not brought forward within this time limit, it is likely to be thrown out.
For truck accidents in Tennessee, the statute of limitations is one year from the time of the accident. It applies to all civil cases involving personal injury or wrongful death, without bias.
Tennessee Laws for Truck Drivers
Because truck drivers often drive interstate, they are governed by both federal and state laws. While we cannot present a list of all the regulations you should be aware of, here are some of the most common.
- Hours of operation. Truck drivers are limited to how long they can operate their vehicle. For one, a driver cannot operate their truck more than 11 hours in a 24-hour period following their mandatory 10-hour break. Truck drivers are not allowed to drive more than 60 hours per week and must keep a detailed log book showing a breakdown of their hours.
- Language requirements. In Tennessee, commercial truck drivers must speak, comprehend and be able to converse in English. They also must understand English traffic signs and create and read trucking reports in English.
- Licensing. All truck drivers must have a commercial lrivers’ License (CDL) which proves they can operate their commercial vehicle to industry standards. To acquire this license, drivers must pass a series of tests. In addition, drivers must also receive certification to operate certain types of commercial trucks like straight trucks, tractor-trailers and tankers.
Identifying Fault for a Truck Crash
When it comes to determining fault, Tennessee is a modified comparative negligence state. This means that a plaintiff’s damages are reduced by their own percentage of fault. But if the plaintiff was more than 50% responsible for the accident, they are not able to claim any damages at all.
For example if you slowed down on a highway due to wildlife crossing and a semi-truck rear-ended your vehicle after you brake. After assessing the incident, it was found that the brake lights in your vehicle were not functioning, and the truck driver was distracted by his cell phone. Because of these factors, you are found 20% responsible for the accident and the driver 80%. If you claimed $5,000 in damages, you would only be able to be compensated for $4,000.
How Can an Attorney Help You?
While you technically do not require an attorney to file a truck accident lawsuit in Nashville, having one on your side is invaluable for many reasons.
Even if you have not been injured in the crash, you still need to work through piles of paperwork and potentially find a new vehicle. That’s a lot to handle, not counting starting a lawsuit. An experienced attorney is able to handle all correspondence between parties, including with the driver’s insurance company.
Because many truck drivers are employed by large corporations with insurance companies to back them up in the case of an incident, trying to negotiate a fair settlement is easy.They might even offer a low-ball settlement that is not enough to cover your expenses.
A truck accident attorney is able to confidently argue on your behalf and have a team of industry professionals to back them up. They will look at various pieces of evidence such as police reports, accident reconstructions and black boxes, to accurately determine fault and negotiate with the insurance company to obtain a fair settlement. If necessary, the best lawyers won’t bat an eye if your case needs to go to trial.
How to Find the Best Truck Accident Lawyer in Nashville, TN
Of course, the list above is not exhaustive when it comes to finding the best truck accident lawyer to represent you. You’ll want to look at multiple factors to decide who is best for your case. Many truck accident lawyers likely list large settlements and verdicts on their websites, but here are some more qualities to keep an eye out for.
- Persistent: When dealing with insurance companies of large trucking corporations, the best lawyers are the ones willing to do what is best for you—even if that is not the easiest option. Between low-ball offers and endless streams of emails, the best truck accident lawyers persist through it all.
- Attentive listener: Any accident can be devastating, but truck accidents carry even more risk and potential for harm given the size of the vehicle involved. You want a lawyer who is willing to hear all of your concerns in addition to the fine details. Feeling heard will help you feel more comfortable and trusting over the period of the case, which is always a good thing.
- Clear fee structure: Given the complexity of truck accidents, you want to know exactly what you will be paying and when. Most truck accident lawyers operate on a contingency fee basis. This means they do not take any funds upfront, but receive a portion of the settlement or verdict if they win the case. If not, nothing comes out of your wallet. Most lawyers charge around 30% to 40% of the compensation you receive.
- Organized: There are a lot of moving parts in a truck accident case. Your lawyer needs to communicate with insurance companies, medical professionals, police officers and other experts to determine fair compensation—among other things. Because of this, you want a lawyer who keeps a clean office and is on top of both their workload and their staff’s. The most organized lawyers will be able to make your case seem effortless.
Methodology
To come up with the Best Truck Accident Lawyers in Nashville in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & Honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How long does a truck accident lawsuit take?
Because accidents involving commercial vehicles are more complex than other cases, it is hard to say exactly how long a specific case will take. That said, in general truck accident lawsuits are resolved within six months to a few years—depending on the factors involved.
What is the cause of most truck accidents in Tennessee?
A study from the Federal Motor Carrier Safety Administration (FMCSA) found that the many accidents occur due to poor decision making by the truck driver (38%). Poor decision making in this context means driving too fast given the road conditions or misjudging the speed of other vehicles. Moreover, 28% of accidents are due to distracted driving or inattention.
How long do I have to file my truck accident lawsuit?
In the state of Tennessee, you have one year from the date of the accident to file your lawsuit. There are some cases where an extension may be given (such as when the person injured was a minor) but these are uncommon. The best thing to do is file your lawsuit as soon as possible with an experienced truck accident attorney.
