Who Is Liable for a Commercial Truck Accident in Tennessee?
When commercial trucks are involved in accidents in Tennessee, state law allocates liability according to which driver(s) were at fault for the collision. An at-fault motorist is the one who causes the auto-wreck. That at-fault motorist, whether they are driving a commercial truck or a sedan, is responsible for paying damages to those injured by the crash. When only one motorist is at fault, injured persons are reimbursed by payouts from the at-fault driver’s insurance company.
But accidents where commercial truck drivers are found to be at fault are unique. Liability may be shared by both the individual truck driver and the motor carrier employing them. Moreover, commercial truck wrecks may implicate federal law, mandating motor carriers operating in interstate commerce to obtain cargo-specific insurance in addition to state coverage requirements.
David E. Gordon is a board-certified personal injury lawyer with considerable experience advising clients harmed in commercial truck accidents. If you have injuries from a tractor-trailer collision, The Law Office of David E. Gordon will work hard to resolve the matter, so you receive the compensation you deserve to recover.
Individual Liability of At-Fault Commercial Truck Drivers
Tennessee Code Annotated § 55-12-102(12)(D)(i) defines adequate proof of financial responsibility since December 31, 2022, under the State’s Financial Liability Law. Although that section provides four distinct but acceptable types of minimum coverage, most motorists comply by purchasing a policy meeting the conditions of Tenn. Code Ann. § 55-12-102(12)(D)(i)(b); these split-limit insurance policies provide at least:
- $25,000 “for bodily injury to or death of one” person
- $50,000 “for bodily injury to or death of two” or more people “in any one” auto-accident
- $25,000 for property damage “in any one” auto-accident
Individual drivers of commercial trucks must carry this minimum coverage to lawfully operate in Tennessee. In the event commercial truckers cause crashes, injured parties can receive compensation from that individual’s insurer.
With the skills to argue against claims of comparative negligence under Tenn. Code Ann. § 29-39-102(b), David can help you get the compensation you need and deserve despite these obstacles.
Liability of Commercial Trucking Companies
Tennessee has long recognized the doctrine of respondeat superior, a common law rule fortified by Tenn. Code Ann. § 29-11-107(c). That doctrine holds employers “liable for the torts committed by” their “employees for acts done within the scope of employment.”
In the context of commercial trucking companies, this means persons harmed by the negligent conduct of a commercial trucker can sue the company for which they work vicariously, so long as the accident-at-issue occurred while the truck driver was acting within the scope of their employment (e.g., in the course of transporting cargo on a trip scheduled by the truck driver’s employer).
Commercial trucking companies can also be sued directly for accidents caused by their employees if these employers do not comply with federal law. The Federal Motor Carrier Safety Administration (FMCSA) compels motor carriers, like commercial trucking companies, to purchase their own insurance coverage. Minimum coverage for motor carriers is contained in 49 CFR § 387.9, which prescribes how much insurance a motor carrier must purchase depending on the type and weight of cargo being transported.
Call a Seasoned Attorney for Help Proving Liability After a Commercial Truck Accident in Tennessee
The Law Office of David E. Gordon understands the unique aspects of state and federal law governing commercial truck collisions. Contact David E. Gordon to learn about your options for recovery after suffering harm caused by a commercial truck driver. Call now for a free case review.
