Tractor-trailer drivers are not only obligated to follow the rules imposed on all motorists, but they typically must also comply with federal regulations regarding the operation of commercial motor vehicles. Thus, if a truck driver causes an accident, whether the driver complied with the regulations may be relevant to the…
Articles Posted in Truck Accidents
Tennessee Court Discusses Establishing Liability in a Hit and Run Truck Accident
While in many truck accidents, it is easy to determine the parties involved in the accident, in other instances, it can be complicated. For example, if a person is injured in a hit and run accident with a tractor-trailer, even if the person observes identifying information on the trailer, it…
Tennessee Court Discusses Vicarious Liability in Truck Accident Cases
When a person engaging in activities arising out of his or her employment causes a motor vehicle collision, not only may the person be held liable for any harm caused by the accident but in many cases, the person’s employer may be held liable as well. Recently, the United States…
Tennessee Court Analyzes Expert Qualifications in Truck Accident Cases
In many cases in which there are disputed issues of fact surrounding a car accident, such as how the accident occurred or whether the accident caused the plaintiff’s harm, either party will hire an accident reconstructionist. A reconstructionist can determine, among other things, the force generated by the accident, but…
Tennessee Court Discusses Permissive Intervention in a Truck Accident Case
When a person is injured in a truck accident, the person has a right to pursue claims for his or her damages. If the person was acting in the course of his or her employment at the time of the accident, however, the pursuit of compensation may be complicated by…
Tennessee Court Clarifies Standard for Admitting an Expert Report
Under federal law, for an expert report to be admissible the party introducing the report must show the expert witness is qualified, the report sets forth an opinion relevant to determining an issue of fact, and the testimony is reliable. The United States District Court for the Western District of…
Tennessee District Court Holds That Boilerplate Language in an Incident Report is Insufficient to Provide Defendant Notice to Retain Records
Under Federal and State laws regulating motor carriers, tractor-trailer drivers are required to keep logs of their driving times. If you were involved in a car accident with a tractor-trailer, the logs may be important evidence in proving the tractor trailer’s driver was negligent. While the employers of tractor-trailer drivers…
Court Finds That Employer Not Responsible For Conduct of Independent Contractor
If you have been involved in a Tennessee automobile accident and are considering whether to file a lawsuit, one of the questions that you must contemplate is whether the defendant is going to have the funds, or insurance, necessary to pay for any damages that you may be awarded. When…
Tennessee Court Dismisses Truck Accident Case Where Plaintiffs Failed To Preserve Evidence
One of the central tenants of being a litigant is that you have a duty to preserve any evidence that you know may be relevant to the litigation. Once it is reasonably foreseeable that litigation may occur, a party must make all reasonable efforts to “hold” important evidence and present…
Tennessee Supreme Court Finds Jury Instruction On Superseding Cause Not Necessary
In many personal injury cases, the question of who caused an injury can be complicated. In a car accident, for example, there may be several actors at play who contributed to an accident, and the victim may have previously experienced back or neck pain. Or a personal injury victim may…