How Do Truck Investigations Work in Memphis, Tennessee?

Truck accidents, are often severe and involve unique considerations. This is especially true of those involving large commercial vehicles like semis, tractor-trailers, and delivery vehicles. They can lead to catastrophic injuries and significant property damage. Truck accident investigations in Memphis, Tennessee, are intricate. However, an investigation gives you the knowledge to pursue justice if you got hurt in such an incident.

Why Are Truck Accident Investigations Critical?

Truck accidents are not the same as typical car accidents. Due to the size and weight of commercial trucks, collisions often lead to severe injuries, including broken bones, spinal cord injuries, and traumatic brain injuries. Additionally, the aftermath of a trucking accident typically involves multiple parties, including the truck driver, the trucking company, and the insurance company. Because of this complexity, a thorough accident investigation is crucial to determine liability and secure fair compensation for medical bills, pain and suffering, and other losses.

How Many Steps Are There in the Accident Investigation Process?

The truck accident investigation process involves several critical steps to uncover the cause of the crash and establish liability.

Securing the Accident Scene

Securing the accident scene is the first step in any accident investigation. Members of both law enforcement officers and investigators do this. This will allow them to document the scene for evidentiary purposes effectively.

Examining the Truck

Examining the truck involved in the collision is a critical part of the investigation. Investigators inspect the truck’s brakes, tires, and overall mechanical condition to determine whether any equipment failure contributed to the accident. They also review the truck’s maintenance records and inspection reports.

Analyzing the Data Recorder

Most commercial trucks have a data recorder, often called a “black box.” Like the black box on an airplane, a commercial truck black box records data about the car in the moments leading up to the crash. This will allow investigators and law enforcement to assign fault, if any, in the crash.

Reviewing the Truck Driver’s Records

Truck drivers must follow federal safety regulations. The trucker’s driving record and hours-of-service logs track their compliance with these regs. These logs will reveal any failure to comply with these rules.

Investigating the Trucking Company

Trucking companies are legally obligated to ensure their drivers and vehicles operate safely. Investigators examine the company’s hiring practices, training programs, and compliance with federal motor carrier safety regulations. If the company failed to perform proper background checks, neglected to maintain its fleet, or if the driver was operating under the company’s instructions at the time of the accident, it could be liable for the accident.

Interviewing Witnesses

Third-party testimony is often crucial in properly assessing fault in a trucking accident. Therefore, if there are witnesses, investigators and law enforcement officials will interview them to better understand what happened.

Working with Accident Reconstruction Experts

While these experts often testify in complex trucking accidents, they are still essential in assigning fault, if any, in a trucking accident, especially involving multi-car pile-ups.

Legal Considerations in Tennessee Truck Accident Cases

Motor vehicle accident investigations involve some specific legal considerations, and truck accidents introduce additional nuances into the proceedings. Some laws your attorney will account for include:

• Comparative Fault Laws – Tennessee follows a modified comparative fault rule. This means that if you are found to be partially responsible for the trucking accident, your compensation may be reduced by your percentage of fault. So, if an investigation determines that you are 20 percent at fault for an accident, your compensation will be 20 percent less than what it would be if you were not at fault at all. Moreover, you will not be entitled to compensation if you were more than 50 percent at fault for the accident.
• Statute of Limitations – Under Tennessee law, you must file a personal injury lawsuit one year from the accident date.
• Federal Motor Carrier Safety Regulations – Federal motor carrier safety regulations govern many aspects of commercial trucking, including driver qualifications, vehicle maintenance, and service hours. Violations of these regulations can be evidence of negligence in a truck accident case.

Common Challenges in Truck Accident Claims

Truck accident claims are not straightforward. Some of the many challenges that truck accident victims face include:

• Multiple Parties – Determining liability can be challenging when various parties, such as the truck driver, trucking company, and vehicle manufacturer, are involved.
• Insurance Companies – Insurance companies representing trucking companies often have significant resources to fight claims. They may attempt to downplay your injuries or deny liability.
• Technical Evidence – Truck accident investigations rely on technical data and expert analysis, which can be challenging to evaluate without legal experience and knowledge.

How an Experienced Truck Accident Attorney Can Help

When you’re dealing with the aftermath of a truck accident, having an experienced truck accident attorney in Memphis, TN, by your side, like the ones at Gatti, Keltner, Bienvenu & Montesi, PLC, can provide a sense of support and reassurance. They can guide you through every stage of your case, from the initial accident investigation to the final settlement negotiations. Here’s how they can assist:

• Conducting a Thorough Investigation – Your attorney will work with experts to examine the truck, analyze the data recorder, and reconstruct the accident.
• Identifying Responsible Parties – They will determine which parties are liable for your losses. The potentially liable parties include the truck driver, trucking company, or vehicle manufacturer.
• Negotiating with Insurance Companies – Attorneys are skilled negotiators who can counter insurance companies’ tactics of minimizing payouts.
• Calculating Damages – Your attorney will account for all your losses. Those include medical bills, lost wages, and pain and suffering, in your accident claim.

Contact Gatti, Keltner, Bienvenu & Montesi, PLC to Speak with an Experienced Truck Accident Attorney in Memphis, TN

If a truck accident in Memphis injured you, you don’t have to face the challenges of a difficult and time-consuming legal process alone. At Gatti, Keltner, Bienvenu & Montesi, PLC, we have decades of experience handling trucking accident claims and fighting for the rights of injury victims. Let us help you secure the compensation you deserve.

Contact us today at (901) 526-2126 to schedule your free consultation, and let’s see how we can work together to get you the justice you deserve in your truck accident case.