Truck accident
Truck Accident Attorneys in Nashville, Tennessee
The firms in this guide
1. Kinnard Law
Practice Focus: Truck accidents, trucking accidents, commercial vehicle litigation, personal injury, wrongful death
Case Types Handled: Semi-truck accidents, 18-wheeler collisions, tractor-trailer wrecks, commercial truck crashes, rollover accidents, jackknife accidents, overloaded truck accidents
Legal Services: Federal Motor Carrier Safety Administration regulations investigation, accident reconstruction, expert witness consultation, insurance negotiations, litigation, trial representation, wrongful death claims
Background: The firm has been handling claims against trucking companies since 1977. Voted among the “Best Law Firms” in Personal Injury by U.S. News. Backed by Certified Civil Trial Specialists, former defense lawyers, and proven advocates. Over a century of combined experience with a team approach to every case. The firm has access to a network of elite experts in accident reconstruction, medicine, and other fields.
Location: Nashville, Tennessee
Contact: (615) 933-2893 | https://www.kinnardlaw.com
Consultation: Free consultation
2. Matt Hardin Law
Practice Focus: Truck accidents, tractor-trailer litigation, commercial vehicle accidents, personal injury
Case Types Handled: Tractor-trailer wrecks, semi-truck collisions, 18-wheeler accidents, large truck crashes, commercial truck accidents
Legal Services: Federal Motor Carrier Safety Regulations (FMCSR) investigation, driver log preservation, cargo information analysis, maintenance record investigation, insurance negotiations, litigation, trial representation
Background: Experienced Nashville truck accident attorneys with significant experience litigating Tennessee truck accident cases. The firm understands state and federal trucking rules and regulations. Knows the complexity of litigating truck crash cases and proving fault after accidents.
Location: Nashville, Tennessee
Contact: https://www.matthardinlaw.com
Consultation: Free consultation
3. Rocky McElhaney Law Firm
Practice Focus: Truck accidents, 18-wheeler accidents, tractor-trailer collisions, personal injury, wrongful death
Case Types Handled: Semi-truck accidents, big-rig accidents, 18-wheeler collisions, delivery truck accidents, dump truck accidents, defective truck parts accidents, driver fatigue accidents, hours of service violations
Legal Services: Accident investigation, trucking company negligence claims, driver negligence claims, hours of service violation investigation, defective parts investigation, insurance negotiations, litigation, trial representation
Background: The firm has secured millions of dollars for clients in settlements and jury trials. Notable results include $1,950,000 settlement for a woman hit by a dump truck making a negligent right-hand turn. The firm files claims against every individual and company responsible, including the Tennessee Department of Transportation when applicable. Offices in Nashville, Murfreesboro, Hendersonville, and Clarksville.
Location: Nashville, Tennessee (additional offices in Murfreesboro, Hendersonville, and Clarksville)
Contact: (615) 425-2500 | https://www.rockylawfirm.com
Consultation: Free initial consultation
4. The Williams Firm: Car & Truck Accident Lawyers
Practice Focus: Truck accidents, commercial vehicle accidents, personal injury, motor vehicle accidents
Case Types Handled: Tractor-trailer accidents, semi-truck collisions, 18-wheeler wrecks, commercial truck crashes, driver fatigue accidents
Legal Services: Accident investigation, trucking company investigation, insurance negotiations, litigation, trial representation, wrongful death claims
Background: Family-owned law firm handling accident cases in Middle Tennessee for almost four decades. Managing partner Jonathan Williams has over 18 years of litigation experience and has recovered millions for clients in complex personal injury cases. Recognized on the Tennessee Super Lawyers list for over a decade. Rated on Avvo and Martindale-Hubbell. Jonathan Williams provides hands-on, personal attention to each case.
Location: Nashville, Tennessee
Contact: https://www.lrwlawfirm.com
Consultation: Free case consultation, contingency fee basis (no payment until case is won)
5. Bart Durham Injury Law
Practice Focus: Truck accidents, tractor-trailer litigation, 18-wheeler accidents, personal injury, wrongful death
Case Types Handled: Semi-truck accidents, tractor-trailer collisions, 18-wheeler wrecks, commercial truck crashes, speeding truck accidents, improperly loaded cargo accidents
Legal Services: Expert investigation, trucking company liability analysis, driver negligence investigation, insurance negotiations, litigation, trial representation, wrongful death claims
Background: The firm has successfully handled over 4,000 cases through aggressive litigation. Attorneys and staff focus on helping clients get justice following serious injury or losing a loved one in a truck accident. Highly familiar with laws pertaining to trucking company liability and regulations commercial truck drivers must follow. Offers home and hospital visits for truck accident victims who cannot travel. Se habla Español.
Location: Nashville, Tennessee (also serves Bowling Green, Kentucky)
Contact: (615) 242-9000 | https://bartdurham.com
Consultation: Available
Driver Qualifications, Weekly Hours and Government Truck Claims in Nashville Truck Crash Cases
A Nashville truck crash can turn on whether the driver met federal qualification rules and weekly hours limits, and on what the carrier’s records and inspections show. When the truck belongs to a governmental entity, Tennessee sets a 12-month filing period, and its noneconomic damage limits apply to the claim against the carrier.
Who May Drive
Except as provided in subpart G, 49 CFR 391.11(b) qualifies a person to drive a commercial motor vehicle only if the person is at least 21, can read and speak English sufficiently, can safely operate the vehicle by experience or training, is physically qualified, holds one currently valid commercial license, is not disqualified and has completed a road test or presented an accepted equivalent.
Weekly Hours, Records and Inspection
Under 49 CFR 395.3(b), a property-carrying driver may not drive after 60 hours on duty in 7 consecutive days if the carrier does not operate every day, or after 70 hours in 8 consecutive days if it does; 395.3(c) allows a restart after 34 or more consecutive hours off duty. Under 395.8(k)(1), duty-status records are kept at least 6 months, under 390.15(b) the accident register is kept for 3 years, and under 396.17 each commercial motor vehicle must have passed a periodic inspection within the preceding 12 months.
A Government Truck
Under Tennessee Code 29-20-305, if a claim is denied, the claimant may sue the governmental entity in circuit court where immunity has been removed, and in counties with more than 850,000 people under the federal census the action may also be filed in general sessions court. Under (b), the action must be commenced within 12 months after the cause of action arises. Under 29-20-311, a judgment over a government truck may not exceed the minimum insurance amounts of 29-20-403 unless the entity bought more coverage, and 29-20-403(b)(4) sets those minimums, for actions arising on or after July 1, 2007, at $300,000 per person, $700,000 for all persons and $100,000 for property damage.
Limits on Noneconomic Damages
Under Tennessee Code 29-39-102(a) and (e), economic damages are not limited, and all noneconomic damages for each injured plaintiff, including consortium claims, may not exceed $750,000 in the aggregate. Under (c) and (d), the limit is $1,000,000 for a catastrophic loss such as a spinal cord injury resulting in paraplegia or quadriplegia, listed amputations or burns, or the wrongful death of a parent leaving a minor child. Under (h), no limit applies in listed cases, including specific intent to inflict serious physical injury and substantially impaired judgment under the influence of alcohol, drugs or another intoxicant, other than lawfully prescribed or over-the-counter drugs taken as directed.
Nashville Truck Accident Questions
How long do I have to sue the carrier?
One year after the cause of action accrues for injuries to the person under Tennessee Code 28-3-104(a)(1), or two years when criminal charges are brought against the person who caused the injury and the other conditions in (a)(2) are met.
Can I recover if I was partly at fault?
Yes, if your negligence is less than the trucking defendant’s. Under McIntyre v. Balentine (1992), “so long as a plaintiff’s negligence remains less than the defendant’s negligence the plaintiff may recover”, in the Tennessee Supreme Court’s words, with damages reduced in proportion. For example, imagine $300,000 in damages and 35 percent of the fault on the injured driver: the recovery would be $195,000. In apportioning noneconomic damages among defendants, Tennessee Code 29-39-102(b) bars recovery if the plaintiff’s comparative fault, or in a wrongful death action the decedent’s fault, is equal to or greater than 50 percent.
Is there a cap on punitive damages?
Yes, with exceptions. Under Tennessee Code 29-39-104(a)(5), punitive damages may not exceed the greater of two times compensatory damages or $500,000, and under (a)(7) the limit does not apply in listed cases, including specific intent to inflict serious physical injury and substantially impaired judgment under the influence of alcohol, drugs or another intoxicant, other than lawfully prescribed or over-the-counter drugs taken as directed.