Commercial trucks differ from standard vehicles in many ways, including the fact that there is a much greater distance between the ground and the bottom of the trailer area of a truck. Thus, if a car rear-ends a commercial truck, the car may go under the trailer, which is referred to as an underride accident. While the severity of injuries sustained in typical rear-rend collisions varies, the injuries caused by underride accidents are generally catastrophic and, in many cases, deadly. If you or a loved one were involved in an underride accident with a commercial truck, you may be able to make a legal claim. Eric Beasley is a diligent Nashville truck accident lawyer who can help you assert your legal rights. Mr. Beasley regularly represents parties in cases in towns throughout Middle Tennessee.Causes of Underride Accidents
There are numerous factors that can contribute to an underride accident. For example, inclement weather can create slippery conditions or limited visibility that make it difficult to see a truck or to stop in time. Underride accidents can also occur when a driver simply follows too closely behind a commercial truck. The truck driver’s conduct can cause an underride accident as well. In other words, if the driver changes lanes without signaling or parks on the shoulder of a highway without proper illumination, it can result in an underride accident. Additionally, underride accidents can occur when a truck doesn’t have appropriate underride guards, lights, or reflective tape on the rear of the vehicle as required by the Federal Motor Carrier Safety Administration Regulations.Liability Disputes Following Underride Accidents
In most cases involving rear-end accidents, the driver of the vehicle that struck the other vehicle from behind is liable for the accident. Underride truck accidents differ from typical rear-end collisions, however, because as set forth above, the actions of the truck driver may contribute to or cause the accident. Thus, liability is often disputed in cases involving underride accidents. Generally, a person injured in an underride accident will allege that the negligence of the truck driver or the company that owned the truck and employed the driver caused the accident. To prove negligence, a plaintiff must show that the defendant had a duty to act in a manner established by the applicable standard of care and that the defendant's behavior deviated from the standard, constituting a breach. The plaintiff must then prove that the breach caused the accident and that he or she suffered quantifiable damages because of the accident.
In many instances, defendants in underride cases will not only dispute that they caused the accident, but they will also argue that the plaintiff is at fault for the accident, and assert that the plaintiff should not be awarded any damages. Under Tennessee law, however, even if a plaintiff is partially responsible for causing an accident, he or she may still be awarded damages, as long as he or she is not fifty percent or more at fault. A dedicated truck accident attorney can help you navigate arguments of this nature.Compensation You May Be Awarded in an Underride Accident Lawsuit
A plaintiff that proves another party is liable for causing an underride accident may be awarded compensation for both the economic and noneconomic harm caused by the accident. Economic harm includes the cost of any medical treatment, and treatment that will be necessary in the future, as well as any lost earnings caused by the accident. Noneconomic harm typically refers to the suffering, pain, and emotional distress caused by the accident.Discuss Your Accident with a Knowledgeable Truck Accident Lawyer in Nashville
If you suffered injuries in an underride accident involving a commercial truck in Nashville, legal recourse may be available for your harm. Eric Beasley is a skilled truck accident attorney who can fight diligently to help you recover any compensation you may be owed following a collision caused by factors such as driver fatigue or negligence. Mr. Beasley’s office is located in Goodlettsville, and he regularly assists people injured in accidents in lawsuits in Nashville and in Lebanon, Goodlettsville, Hendersonville, and Murfreesboro. Mr. Beasley also represents people in cities in Davidson, Sumner, Williamson, Wilson, Rutherford, and Robertson Counties, and throughout Middle Tennessee. Mr. Beasley can be reached at (800) 431-2768 or through the online form to set up a consultation.