Over 70 Years Of Legal Advocacy In Morristown

Injured In A Truck Accident? We Can Help.

Last updated on November 18, 2025

Trusted legal counsel is necessary after a truck accident. We provide just that at Capps & Byrd LLP in Morristown, Tennessee. With more than 70 years of combined experience, our attorneys will advocate for you and your family after being injured in a truck accident.

Life after a crash may never be the same. Our lawyers provide personal attention and honest advice at every stage, so you know what is being done to help you. After an accident, we will help you find appropriate medical care. We will also help you explore your legal options to pursue a claim against the truck driver and trucking company.

Holding Truck Companies Liable For Your Injuries

Liability after a truck accident depends on the facts of your case. We work hard to maximize the compensation available in your case. We do this by building a strong case.

Our firm has the skills and resources to investigate your accident. Truck accidents require a thorough investigation to determine the cause of the accident and who can be held liable. We work with skilled professionals to investigate the truck’s maintenance, the truck driver’s training and any other factors that may have contributed to the crash.

Court Experience Matters When Truck Companies Are Involved

We have state and federal court experience. Why does this matter? Accidents involving an out-of-state truck may end up in federal court. We represent individuals from Tennessee and surrounding states. We are willing to work with attorneys in your state toward a settlement or resolution of your claim.

Truck companies also have more insurance coverage compared to an individual motorist. This can complicate personal injury claims against the insurance company and is why victims need to have an experienced lawyer on their side fighting to protect their rights.

We know how the other side views accident claims and what steps to take in court to protect you. Our goal is to fight to get you the best outcome possible to improve your quality of life after an injury. We know life may never be the same, but we will help you find the best road to recovery so you and your family can focus on the future.

Frequently Asked Questions About Truck Accidents

Do you have questions for our attorneys about your truck accident claim? You can obtain answers at your initial consultation or read more below:

What should I do immediately after being involved in a truck accident?

If you are involved in a truck accident, these are the steps you should take first:

  • Call the police: The police can make a report and investigate the accident.
  • Seek medical help: Paramedics and doctors can care for your wounds and create a medical report.
  • Take pictures or videos: Pictures and videos could be used as evidence to support a claim.
  • Report the accident: Your insurance provider will need to collect information about the accident.

After taking these steps, it is important to consult with an experienced truck accident attorney to learn about your legal rights and avoid being unfairly blamed for the wreck.

How is fault determined in a truck accident?

Fault is determined after a truck accident by reviewing evidence, such as police reports, witness statements, video recordings and pictures. If it is proven that a liable party is responsible for an accident, they may be held accountable for damages. 

Tennessee uses a modified comparative negligence rule, which means that personal injury victims can recover damages so long as they are less than 50% at fault for their losses. However, the amount of damages a victim can recover will be reduced by their percentage of fault. That is why insurers often seek to shift the blame for a wreck toward the victims, and why truck accident attorneys like those at Capps & Byrd LLP work hard to protect their clients.

What are the most common causes of truck accidents?

Some of the most common causes of truck accidents include:

  • Speeding
  • Driver error
  • Fatigue
  • Distracted driving
  • Drowsy driving
  • Mechanical errors
  • Substance use
  • Inexperience

Knowing how a truck accident occurred is crucial when seeking damages. In many cases, more than one issue may have been at play, which could open the door to additional defendants and sources of compensation.

What types of compensation can I recover after a truck accident?

With a successful truck accident case, it may be possible to recover the following forms of compensation:

  • Medical bills: This includes bills for hospital stay, rehabilitation, surgeries, medication, medical equipment and long-term medical needs, and care
  • Property damages: These involve vehicle repair and replacement costs and other forms of property losses
  • Lost wages: You could recover any income lost while recovering from your injuries, as well as future lost wages due to diminished work capacity 
  • Emotional turmoil: These are your damages for any intangible losses, such as pain and suffering, or loss of companionship. 
  • Funeral expenses: Burial and cremation costs and funeral service expenses can be recovered by the deceased victim’s survivors

Getting maximum compensation for your injuries and financial losses is crucial to your recovery.

How long do I have to file a lawsuit after a truck accident?

In Tennessee, you typically have one year from the date of your accident to file a truck accident lawsuit – although there are some exceptions. If you miss this deadline, you lose the right to make a claim forever.

Our attorneys at Capps & Byrd LLP understand that a one-year deadline can put a lot of pressure on victims. We can help accident victims prepare their case and file a claim within critical deadlines.

What should I do if the truck driver or trucking company is from another state?

Many truckers and trucking companies are from out of state, and that can create complex issues regarding jurisdiction and cross-state legal actions. Federal safety regulations that are imposed in interstate travel may also be important to your claim. An experienced attorney can navigate the issues involved and make certain that your claim is properly pursued and that all important factors are considered.

How can an attorney help me after a truck accident?

An attorney represents your best interests after a truck accident. Our goal is to help you recover the maximum compensation for your injuries and losses and hold all liable parties responsible for their negligence. To do this, we can help you take the right steps to a successful truck accident case, including meeting key deadlines, filing supporting evidence, identifying liable parties and representing you in court. Our attorneys know just how complicated truck accident cases can get, so we will be by your side every step of the way.

How do truck accident claims differ from car accident claims?

The biggest difference between a truck accident claim and a car accident claim is their size and scope. Truck accidents are typically far more serious than car accidents, which means that larger dollar amounts are involved. Claims can be further complicated by the possibility of numerous liable parties, the involvement of federal and state trucking regulations, insurance issues and more.

What evidence is crucial in a truck accident claim?

Evidence of negligence is essential to any successful truck accident claim. Evidence is also used to determine not only how fault is allocated among the various parties (and there may be several involved) but also the amount of compensation victims are entitled to receive. Important evidence will include things such as:

  • The police report
  • Medical records
  • Property damage reports
  • Video or photographic evidence
  • Eyewitness statements 
  • Hours of service logs and records
  • “Black box” data from cars and trucks

In addition, many truck accident claims require the testimony of professionals, including accident reconstruction experts, vocational experts, medical experts and more. Truck accidents typically involve serious injuries and large insurance claims, so evidence has to be carefully compiled and examined for a successful claim.

Can I still receive compensation if I was partially at fault for the truck accident?

Yes. You may still be entitled to compensation if you were partially at fault for a truck accident, such as driving over the speed limit or driving while distracted.

Tennessee’s modified comparative negligence rule allows a victim of a truck accident to recover damages so long as their share of the fault is less than 50%. However, the amount of compensation a victim can recover will generally be reduced by the percentage of fault that is attributed to them. For example, if you have $100,000 worth of damages and are 30% at fault, you would only receive $70,000 in compensation.

What are the federal regulations that truck drivers and trucking companies must follow?

Truck drivers and companies are expected to obey Federal Motor Carrier Safety Administration (FMCSA) regulations. This includes safety rules involving Hours of Service (HOS) limitations, requirements regarding drug and alcohol testing, regular vehicle inspections and record keeping. Failing to adhere to federal regulations is an indication of liability for an accident.

How do I deal with insurance companies after a truck accident?

Remember this: Insurance companies exist to make money, not pay claims. Do not agree to make any recorded statements if you are contacted by the trucking company’s insurer. Refer them to your attorney while you focus on healing. An experienced truck accident lawyer will protect your interests and insulate you against the mechanisms used to delay, devalue and deny claims.

What are common injuries sustained in truck accidents?

Truck accidents tend to cause injuries that are far more serious than the typical car accident. Some of the most frequent injuries associated with commercial vehicle wrecks include:

  • Traumatic brain injuries: Serious injuries to the head and brain may lead to skull fractures, brain bleeding and tissue damage, all of which can lead to permanent physical and cognitive disabilities.
  • Traumatic spine injuries: Serious injuries to the back and spine may cause herniated discs, paralysis and chronic pain. 
  • Burns, bruises and scratches: Certain injuries to the body may cause lasting scars, disfigurement and skin damage.
  • Amputation: A victim of a truck accident may suffer serious injuries that require amputation of a limb. Limb loss can lead to lifelong challenges for victims. 
  • Internal organ damage: The impact from a truck accident may cause damage to a victim’s internal organs, leading to internal bleeding and organ failure.

Victims of truck accidents should seek immediate medical help for their injuries. The cost of a victim’s medical care will be part of the personal injury claim later.

Should I accept the insurance company’s settlement offer after a truck accident?

It is not uncommon for the negligent party’s insurer to offer an early settlement – especially when their client is clearly in the wrong. However, you should speak to an attorney before you accept. The average individual is unable to properly value their own claim, and that could lead you to accept a “lowball” offer and sign away your rights unfairly, without all of your damages being covered.

At Capps & Byrd LLP, we can determine whether a settlement offer is reasonable and protect your interests. If our attorneys believe a settlement is not fair, we can negotiate a better settlement on your behalf or represent you in court if the negligent party is unwilling to reach a fair settlement.

What role do expert witnesses play in truck accident claims?

An expert witness is a key piece of evidence that can be used to prove negligence. An expert witness is someone at the scene of an accident who can testify against the negligent party. They may provide a statement detailing how the accident happened.

How can mechanical failures contribute to truck accidents?

There are several ways mechanical failures can contribute to truck accidents, including brake failure, tire blowouts and steering malfunctions, leading to the loss of control of large vehicles. A mechanical failure may prove that a trucking company, manufacturer or mechanic was responsible for an accident.

What are the legal rights of a passenger involved in a truck accident?

When it comes to truck accidents, your status as a passenger often makes your claim clearer, as questions of fault typically do not apply to you. Your key legal rights include:

  • The right to seek medical attention immediately after the accident
  • The right to file a claim against the truck driver, trucking company and other responsible parties
  • The right to pursue compensation for medical expenses, lost wages, and pain and suffering
  • The right to have an attorney represent you through the claims process
  • The right to negotiate a settlement or take your case to trial if necessary

Our experienced attorneys will work closely with you to protect your rights, listening to your story and developing a personalized strategy that addresses your unique needs and goals.

How does a lawyer determine the value of my truck accident case?

Lawyers assess truck accident case values through a detailed analysis of both economic and noneconomic factors. Your medical bills form just one part of the calculation – we will look into future treatment costs for long-term injuries and rehabilitation needs. Lost income includes not only missed workdays but also a potential reduction in your future earning capacity due to permanent disabilities. We will carefully document your pain level, emotional distress, and how injuries have changed your daily activities and relationships.

The strength of liability evidence greatly impacts case value, as do the at-fault party’s insurance policy limits and available assets. Throughout negotiations with insurance companies, we use these documented factors to advocate for compensation that truly reflects your suffering and losses.

Can family members file a claim on behalf of a loved one who was incapacitated or killed in a truck accident?

Yes, immediate family members have legal standing to pursue justice after tragic truck accidents. For victims unable to represent themselves due to injuries, a court-appointed guardian or someone with power of attorney can seek compensation for medical costs and suffering. In wrongful death situations, spouses, children, or parents may file claims for funeral expenses, lost financial support and emotional trauma. Our attorneys at Capps & Byrd LLP will provide compassionate and supportive guidance to your family throughout the legal process. We shoulder the legal responsibilities so your family can concentrate on healing during this overwhelming time.

What are the challenges of litigating against large trucking companies?

Taking on a large trucking company after an accident places you against powerful corporations with substantial resources. These companies maintain teams of lawyers and investigators who start working immediately after a collision occurs. Some of the key challenges of litigating against large trucking companies include:

  • Deep corporate pockets: Trucking companies invest heavily in legal defense teams to minimize their financial responsibility.
  • Quick evidence collection: Company representatives often arrive at accident scenes within hours to gather favorable evidence and statements.
  • Corporate record-keeping practices: Some companies dispose of critical records as soon as legally permitted, destroying valuable evidence.

Our Morristown attorneys have successfully overcome these challenges many times before and continue to actively advocate for the rights of individuals who have been injured in truck accidents.

Arrange A Free Consultation

Do not wait to talk to us after a truck accident. We will get started right away by helping you find medical care, collecting evidence and evaluating your legal options to pursue compensation.

You will work directly with one of our attorneys throughout your case. We are committed to providing personal attention and tailored advice to help you through this process. Call 423-616-1921 or contact us online to arrange a free consultation. Hablamos español.