A loaded tractor trailer can weigh 80,000 pounds. When one hits a car, the people in the car lose. And the trucking company knows it. Many carriers have an accident response team that sends lawyers, investigators and reconstruction experts to the scene before the wreckage is cleared. They start building their defense while you’re still in the hospital.
You need someone moving just as fast for you. I’m Robert Bates, a Kingsport trial lawyer, and I handle truck wreck cases across the Tri-Cities and East Tennessee. One of my clients was hit on North State of Franklin in Johnson City by a semi that ran a red light. The trucking company had hired a defense lawyer, a reconstruction expert and an investigator before she got out of surgery. The truck’s own electronic data showed the driver was going far over the speed limit and never touched the brakes. That case resolved for $4.5 million.
Why truck wreck cases are different
A car wreck usually comes down to two drivers and two insurance policies. A truck wreck can involve the driver, the trucking company, the company that loaded the trailer, the owner of the trailer, a maintenance shop and several layers of insurance. Federal safety rules apply on top of Tennessee law. Every one of those pieces is a place to find the truth, and a place for the other side to hide it.
Evidence that disappears if you wait
- Engine control module data. Most trucks record speed, braking and throttle in the moments before a crash.
- Electronic logging device records. These show how long the driver had been on duty.
- Dash cameras and forward-facing video.
- Driver qualification file. Licensing, training, drug and alcohol testing, and past violations.
- Maintenance and inspection records for brakes, tires and lights.
- Dispatch records and phone records showing whether the driver was pushed to make a delivery time or was on the phone.
Some of this can be overwritten or thrown away in a matter of weeks. One of the first things I do in a truck case is send a preservation letter demanding the company keep every piece of it.
Hours-of-service violations and fatigue
Federal rules limit how long a truck driver can drive. A property-carrying driver may drive a maximum of 11 hours after 10 consecutive hours off duty, can’t drive past the 14th hour after coming on duty, and has to take a 30-minute break after 8 hours of driving. Tired drivers cause wrecks, and drivers under pressure to deliver on time sometimes break these rules. The logs, the fuel receipts and the GPS data tell the story.
Common causes of truck wrecks in the Tri-Cities
- Following too closely and rear-ending traffic that slows on I-26 and I-81
- Speeding on mountain grades and curves
- Driver fatigue and hours-of-service violations
- Distracted driving and cell phone use
- Brake failure and poor maintenance
- Improperly loaded or unsecured cargo
- Wide turns and blind-spot lane changes
- Jackknifes in ice and snow
Who can be held responsible
Depending on the facts, a truck wreck claim may be brought against the driver, the motor carrier, the owner of the truck or trailer, the shipper or loader, a maintenance company, or a manufacturer of a defective part. Finding every responsible party matters, because it often decides how much insurance is available to pay for a serious injury.
Tennessee deadlines still apply
Truck wreck cases are governed by Tennessee’s one-year statute of limitations in most situations. With evidence at risk and a short deadline, the time to call is now.
“Don’t wait. Call Bates.”
If you or someone in your family was hurt by a tractor trailer, dump truck, delivery truck or company vehicle, call or text Robert at (423) 765-1215. Free consultation, no fee unless we win.
Wrecked on the interstate? Read our I-26 wreck guide.