Nashville Car Accident Lawyers

At Queener Law, our Nashville car accident lawyer is dedicated to helping clients injured in car accidents, trucking accidents, motorcycle accidents, bicycle accidents, and pedestrian accidents obtain full and fair money damages for their injuries. He is committed to guiding clients through the entire process, including dealing with the aftermath of an auto accident. The following describes what to do immediately following an auto accident, as well as what to do in the days and weeks after the car crash.

Immediately Following a Car Accident

• Pull over, stop your vehicle, and turn on your hazard lights. You should never attempt to flee the scene of the accident, even if the accident seems minor and without injuries.
• Contact the police. You should fully cooperate with the police, but make sure to communicate only the facts. Do not draw any legal conclusions, discuss issues of liability, or make any assumptions about the accident.
• Seek medical attention. Some car accident injuries, such as whiplash, neck injuries, and back injuries, do not always show immediate signs or symptoms. Therefore, it is highly recommended that you seek medical attention even if you do not appear injured. Moreover, a medical record is necessary to support an auto accident claim and the more information you have, the more complete your medical record will be.
• Exchange contact information with the other motorist(s) and witnesses. You should make sure to get the names, addresses, phone numbers, driver’s license numbers, license plate numbers, and insurance information of any other parties to the accident. You should also get the names and contact information of any witnesses to the accident.
• Take photos of the accident scene. If you are able, you should take photos of the scene of the accident. Not only can the photos be used as evidence at trial, but they can also be helpful in refreshing your memory about the accident.
• Inform your insurance company of the accident. Although most insurance companies require that policyholders notify them of any accidents, you should communicate only the facts about what happened. Do not draw any conclusions or make any assumptions. Do not sign any insurance documents or give a recorded statement without first consulting a car accident lawyer. Moreover, you are under no obligation to speak with the insurance company of the other motorist(s) involved in the accident.
• Consult with a knowledgeable car accident attorney. You should seek legal advice before filling out insurance documents, giving recorded statements to an insurance company, signing legal documents, or meeting with any insurance company representative. A car accident lawyer can also help you understand your legal rights and pursue a car accident lawsuit, if necessary.
• Obtain and maintain all important information regarding the auto accident, including police reports, medical records, and all receipts pertaining to your recovery following the auto accident.
• Attend all doctor appointments and obtain necessary medical treatment. It is important that you follow doctors’ orders regarding medical treatment and that you do not miss any appointments. The failure to obtain necessary medical treatment could be seen as exacerbating the injuries and could negatively impact your case.
• Pay medical bills as they become due. Contrary to some insurance company myths, insurance companies do not necessarily pay for medical treatment directly. Rather, it is your obligation to pay your own medical bills. You can then seek money damages from the insurance carrier for the medical expenses incurred. If your medical providers are not paid the correct amounts, the health care provider may proceed with debt collection, which can negatively impact your credit score.

In the Days and Weeks Following the Accident

If you were in a car accident or other motor vehicle accident, look no further than Nashville car accident lawyer Henry Queener. Contact him at (615) 682-3313 to schedule a free consultation to learn more about what to do after a car accident.

The post What To Do After a Car Accident appeared first on Queener Law.

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Causes of Tire Blowouts

Poor maintenance is the leading cause of tire blowouts on semi-trucks and rising large truck accident rates. Operators who fail to maintain the tread and balance of each tire on the vehicle increase the likelihood of a tire failure.

Improperly inflating the tire is the next most common cause of tire blowout. Tires that are overinflated can explode as the pressure pushes the tire beyond operational limits. Under-inflating the tire can allow the rim to cut through it completely.

The third most common cause of tire failure is due to hazards in the roadway including nails, lumber, and rocks.

Effects of a Tire Blowout

Semi-truck tires weigh an average of 107 pounds. These tires contain metal and hard rubber elements that can shatter glass windshields and cause serious bodily injuries when they blowout at highway speeds.

A semi-truck that loses a tire to a blowout can become unstable in the roadway. It can easily lead the semi-truck to topple over or lose its ability to stay in its lane. When this happens, it can cause the semi-truck to veer into other vehicles traveling in the roadway, or off the road and into sidewalks or structures.

Liability for a Tire Blowout

Depending on the cause of the blowout, semi-truck accident lawyers can pursue liability from several parties following an accident.

First, the driver of the vehicle and/or the company they work for could be held liable for poor maintenance or the unsafe operation of the vehicle that caused the blowout.

If the accident occurred because the tire was improperly retreaded or repaired, the company responsible for the retreading or repair could be held liable for the personal injuries and property damage their shoddy workmanship caused.

When the manufacturing process is at fault, then the company manufacturing the tire can be held liable. Such was the case with Bridgestone/Firestone not long ago.

Finally, if an object in the roadway caused the accident, the individual or company transporting the fallen cargo could be held responsible — for example, if a shipment of nails fell off a trailer and punctured tires on vehicles following in the roadway.

The post Tire Blowouts & Truck Accidents appeared first on Queener Law.

Tennessee Trucking Law

The recent survey that placed Tennessee at the top of the list for best states to own a small trucking business considered several factors, along with regulations, including friendliness to truck drivers and overnight parking fees. Favorable regulations, however are a big reason that truckers flock to Tennessee.

State law regulates much of the trucking industry. For example, no commercial vehicle may weigh more than 80,000 pounds. Trucks may also be no taller than 13 feet, six inches and no wider than 8 feet.

Tennessee law also regulates commercial driver license issuance. Trucking companies must ensure that each of their drivers has a current commercial driver license, along with a valid medical card.

In comparison with regulations in other states, Tennessee’s laws are fairly lax. In California, for example, certain laws that cap emissions and limit driving hours are pushing trucking companies toward states like Tennessee. Carriers in California are required to givea paid 30-minute meal break for every five hours on the clock and a paid 10-minute break for every four hours behind the wheel.

Though Tennessee law accounts for many trucking regulations, federal trucking industry rules trump local requirements, when a conflict arises. These federal laws regulate interstate trucking and determine things like the amount of hours that a trucker can drive before resting and which records must be kept.

Any truck driver or trucking company that violates either Tennessee or federal law may be found liable for any injuries or deaths that they are responsible for.

Truck Accidents and Liability

When a truck driver or the company that they work for does not comply with state or federal regulations, they could be found liable if an accident occurs. In Tennessee, a crash victim must prove that a defendant breached a legal duty for them to be found negligent. Once a victim determines that a driver or company’s negligence caused his or her injuries, they may be eligible to receive compensation. Victims may consult with semi truck accident attorneys to determine if filing a lawsuit is warranted, and if a driver or trucking company violated state or federal trucking laws.

The post Tennessee Voted the Best State to Own a Trucking Business Because of Lenient Regulations appeared first on Queener Law.

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A Nashville truck accident lawyer can point to seven factors that limit visibility, primarily through driver negligence.

Time Of Day

Nighttime driving has always been more dangerous than driving during the day. Not only does darkness induce fatigue, it has a strong impact on visibility.

A National Highway Traffic Safety Administration (NHTSA) study in 2007 reported to Congress that nighttime visibility is severely limited because of night glare and range issues. Night glare from oncoming traffic destroyed the night vision of drivers, especially those over 50, leading to temporary blindness and potential loss of vehicle control. The NHTSA found night glare the most problematic in areas with few streetlights or other roadside sources of light.

Sun

Driving during particular periods of daylight is no less dangerous than driving at night, depending on the direction the truck is traveling. Truckers driving into the sunlight at sunrise or sunset face protracted periods of intense sunlight and glare from the roofs and glass of other vehicles.

Many trucking companies require drivers to use sunglasses or other protective eyewear in the hour before sunrise or sunset as a way to reduce the impact of the sun on driver visibility.

Fatigue

The NHTSA blames a large portion of trucking accidents on driver fatigue, and for good reason. Drivers face longer work weeks than ever before, and trucking companies have put increased pressure on drivers to stay on the road at all costs.

Fatigue hinders visibility in two ways. First, drivers fight to stay awake, and closed eyes provide no visibility and a complete inability to prevent an accident. Second, even when a driver is awake, fatigue causes blurriness and sluggish reaction times. As a result, drivers are unable to judge distances in time to stop before a collision.

Speeding

The difference between a deadly accident or a fender bender is often a matter of inches. Speeding trucks have lower reaction times than other vehicles, and any errors the driver makes are magnified in a crash.

If the truck was speeding, a Nashville truck accident lawyer may be able to prove the driver was liable for an accident, because the truck driver left himself without enough time to stop. Scientific evidence and the truck’s own computer can provide the hard evidence a Nashville truck accident lawyer needs to argue the case.

Eyesight

Truckers, especially long haul drivers, spend days or weeks on the road at one time. While they are on the road, it’s easy to let health and medical issues slide, if those issues do not directly hinder the driver’s ability to keep the truck on the road.

A driver with a weak prescription has an increasingly short field of vision, and the problem can only be solved with a trip to an optometrist and a new set of glasses. Not every driver is willing or able to take the time to stop for new glasses, wrongly assuming that the problem can wait until they get home. The slow degeneration of the field of vision can lead to drivers with an effective eyesight of 20/50 or worse.

Other Drivers

Not every problem with visibility is the trucker’s fault. Sometimes the actions of other drivers play a role in the accident. Even with proper mirror positioning, a trucker still has large blind spots around the vehicle. The most dangerous spots are near the driver’s door, from the trailer hitch to the nose of the truck on the passenger side, and the nose of the truck.

Drivers who slam on their brakes or drive for long distances in a truck’s blind spot greatly increase the probability of an accident. Through an examination of the positions of other vehicles involved in an accident, a Nashville truck accident lawyer may be able to prove that the accident was not the fault of the trucker, but another driver.

Weather

Hard rain and snow diminish a driver’s field of vision in a matter of seconds. When this occurs, truckers must adjust their driving patterns to slow down and avoid accidents.

A Nashville truck accident lawyer can expand a liability suit after an accident to include the trucking company if there were maintenance issues involved in the accident. A trucking company that fails to replace worn out wiper blades or provide other safety equipment puts everyone on the road at risk.

Truck accidents are serious, and are more likely to be deadly than other vehicle collisions. With the assistance of a truck accident lawyer, victims can apply liability where it belongs and seek compensation.

The post Visibility Issues Lead To Highway Accidents For Truckers appeared first on Queener Law.

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Distracted Driving

Distracted driving is dangerous in a personal vehicle, but when someone who is driving an 80,000 pound vehicle is distracted, it is very dangerous. In a sudden stop the average passenger vehicle requires 316 feet to stop. A loaded tractor trailer takes 525 feet to stop. Those 200 feet can mean the difference between life and death. If the driver of the truck is distracted, they won’t notice the danger right away, so they will take even longer to stop greatly increasing the chances of a serious accident. In the event of an accident the trucking company may be liable if they don’t have rules against their drivers using cell phones or avoiding other distractions.

Improper Maintenance

If an accident occurs because the vehicle wasn’t properly maintained, the trucking company is liable for any damage. The Federal Motor Carriers Administration has many rules and regulations about the driving and maintenance of commercial vehicles. These regulations include daily truck inspections. Failing brakes, worn tires, and other equipment failures are the cause of many accidents. Sadly these types of accidents can be prevented with proper maintenance.

Improper Cargo Loading

Improper cargo loading also causes many accidents. If the cargo isn’t loaded properly, the shifting weight can cause an accident. In flat bed trucks if the load isn’t properly secured properly, the cargo can come off and hit passenger vehicles. The FMCA has regulations in place regarding cargo loading and inspection. These include the driver inspecting the load before leaving, after 50 miles of driving, and in some cases every 150 miles thereafter. If improper loading causes an accident, many parties can be held responsible. The company that loaded the truck, the driver, and the trucking company can be held liable. In these cases an experienced trucking accident attorney can help accident victims determine who is liable for the accident.

The post Who is Liable in Commercial Trucking Accidents appeared first on Queener Law.

Truck company responsibilities

Truck companies are responsible for hiring qualified truck drivers who are able to do their job well. Some of their responsibilities include:

• Ensuring that all drivers have taken and passed a drug test and criminal background check.
• Ensuring that all drivers have a clean driving record, free from any significant accidents or penalties.
• Ensuring that all drivers have a valid commercial driver’s license that has not been altered in any way.
• Ensuring that each truck in the fleet is functioning properly, and that all safety equipment is well maintained.

According to the American Trucking Association, there are currently 30,000 to 35,000 available truck driving positions in the U.S. and more freight than trucking companies can handle. In an attempt to meet strict deadlines and move more freight, some trucking companies may ignore federal Hours of Service regulations, which dictate how much time a driver can spend behind the wheel.

Case in point

A high-profile truck accident involving famed actor and comedian Tracy Morgan brought national attention to the issue of negligent trucking companies and truck drivers. According to Businessweek, Morgan and several other passengers who were traveling in a limousine that was rear-ended by a commercial truck have filed a third-party lawsuit against the trucking company responsible for hiring and scheduling the truck driver.

The well-known trucking company had sent the driver to pick up his truck, which was located 700 miles away from his residence in Georgia. Once the truck driver arrived in Delaware, he picked up his 40 ton tractor trailer and started his normal driving shift. When he smashed into Morgan’s limousine in New Jersey, he had been awake for 24 hours. In addition to violating the Federal Motor Carrier Safety Administration’s restrictions on driving time, the tractor trailer involved in the accident was equipped with advanced safety technology that was not working properly when the accident occurred.

Trucking companies can be held liable for any damage, injuries and loss of life that occurs as a result of driver negligence, according to a legal doctrine referred to as respondeat superior. This theory simply states that an employer may be held liable for their employees’ actions if they occur within the realm of their employment. The exact liability charges are ultimately dependent on each unique truck accident case.

The post Can I hold the trucking company liable for my injuries? appeared first on Queener Law.