When associated with a catastrophic accident between a truck and a passenger vehicle, a legal action can take time to make its way through the Tennessee court system. There are strict guidelines and procedures to follow, especially when proving that an accident is a result of a transportation company’s negligence.
As reported by Land Line Magazine, it took about two years for an accident victim to prove her injuries were a result of a logistics company’s poor choice in hiring one of its drivers. Reportedly, a distracted semi-truck driver tailgating her too closely caused the collision that resulted in her severe and long-term injuries.
The court determined fault
As the accident victim allowed other motorists to merge onto the highway interchange by slowing down her speed, the semi-truck slammed into the back of her Honda Civic. When the plaintiff successfully demonstrated to the court that the accident was the truck driver’s fault, a jury awarded the woman $2 million in damages.
Evidence proving a driver’s fault may take time
Accidents involving a hired tractor-trailer driver generally involve a range of factors that a court must consider before a jury decides on an award. Gathering evidence regarding the driver’s employment and driving record may help in determining responsibility for the accident. An injured party’s medical records, treatment procedures and therapy or rehabilitation details may demonstrate to the court the degree of damages an accident victim incurred.
A driver’s state of mind during the moment of the impact is an important factor in determining whether the individual is at fault for causing the collision. A tractor-trailer operator talking on a cell phone may not have given his or her full and undivided attention to the road when required. Proving a distraction caused an accident may require access to the driver’s cell phone records, which may take time to obtain.
When a company hires a commercial truck driver with a history of speeding or other traffic violations, it may require additional on-the-job training to prevent accidents. Despite this, once a court decides fault, the company can be liable for injuries caused by hiring and deploying an individual with a marginal driving record or below-standard driving skills.