Who can be Sued for Truck Accidents in Tennessee
Truck accidents in East Tennessee are often devastating, due to the weight and size of tractor-trailers and big rigs. There may be multiple victims, particularly if the truck rolled over or jackknifed. In many cases, there are several people or entities to blame for a truck accident. If you are wondering who can be sued after a wreck, Maryville truck accident attorney Mark Hartsoe is available for a free consultation and can provide knowledgeable representation if you have a claim.Determining who can be Sued for a Truck Accident in Tennessee
Often, a truck driver's negligent actions are a contributing cause of a truck accident. These negligent actions might include distracted driving, fatigued driving, driving under the influence of alcohol or drugs, driving in spite of a medical condition that makes it dangerous, speeding, taking wide turns improperly, or failing to check blind spots. To establish a truck driver's liability, you will need to show that the driver failed to drive safely and thus caused the crash that resulted in your injuries and losses. Truck drivers are required to abide by several different safety laws, and a failure to abide by these safety laws may give rise to a cause of action for "negligence per se," which means negligence as a matter of law.
Experienced truck accident attorney Mark Hartsoe also knows that a truck driver is not the only party potentially responsible for a serious wreck. Another party that may be sued after a truck accident is the truck driver's employer or trucking company. The trucking company may be held indirectly liable under a theory of respondeat superior. This is a theory that will require the trucking company to pay compensation if the truck driver is found negligent in the course and scope of their employment.
In addition, a trucking company may also be held directly liable under a theory of negligent hiring, negligent supervision, or negligent retention. These theories require you to prove negligence as well as notice to the trucking company that the driver was unfit to operate a heavy commercial vehicle. Trucking companies are required by law to make sure that their drivers meet certain requirements. Among other things, they must conduct background checks and make sure that their drivers are complying with the hours of service rules and keeping accurate logs.
Another possible party that may be sued after a truck accident is a loading company. If a third party was responsible for loading a truck but loaded it so that the cargo was not appropriately distributed, and the cause of the accident was the overloading or improper securing of cargo, the third party may bear some responsibility for the crash.
Sometimes a defective part inside the truck, such as the brakes or the steering, is a contributing cause of a truck accident. A manufacturer may be held responsible under the Tennessee Product Liability Act, based on strict liability, negligence, breach of express or implied warranty, failure to warn, misrepresentation, nondisclosure, concealment, or other theories.Protect Your Rights After a Truck Accident by Consulting Maryville Attorney Mark Hartsoe
If you were injured and are wondering whom you may hold accountable for your harm, Maryville truck accident lawyer Mark Hartsoe can help you understand your rights and options. Call the Hartsoe Law Firm at 865-804-1011 or use our online form to set up a free consultation. Hartsoe can help people who need a motor vehicle collision attorney in many areas of East Tennessee, including Blount, Knox, Monroe, Loudon, Jefferson, Grainger, Cocke, Campbell, Hamblen, Greene, Anderson, Cumberland, and Fentress Counties.