Shelby County Truck Accident Lawyer
A loaded tractor-trailer coming off Interstate 40 or Interstate 55 near Memphis can leave a family with injuries that outlast the wreckage by years, and the trucking company’s insurer often has investigators moving before the first ambulance clears the scene. Fox, Farley, Willis & Burnette is a Tennessee personal injury firm that represents people hurt in commercial vehicle crashes, and as a Shelby County truck accident lawyer team we handle these cases for clients in Memphis and across the county.
Shelby County sits at a freight crossroads. Interstates, the Mississippi River, rail yards, and a major air cargo hub funnel an enormous volume of truck traffic through a single metro area, which means crashes involving 18-wheelers, box trucks, tankers, and delivery vans are a recurring part of local roadway life. These cases differ from ordinary car wrecks in nearly every way that matters: the number of parties who may share responsibility, the federal safety rules that govern drivers and carriers, and the evidence that can vanish within weeks if no one moves to protect it.
A truck crash claim is rarely just about the driver. It can reach the motor carrier that dispatched the load, the company that loaded the cargo, the shop that serviced the brakes, the broker that arranged the haul, or the manufacturer of a failed component. Sorting out who owes what, and proving it, is where the real work of a truck case lies.
Common Types of Commercial Vehicle Crashes in Shelby County
- Interstate Rear-End and Underride Collisions: Heavy traffic on I-40, I-55, and I-240 around Memphis produces sudden stops, and a loaded tractor-trailer needs far more distance to stop than a passenger car. Rear-end impacts and underride crashes often cause catastrophic injuries and deaths.
- Fatigued and Distracted Driver Crashes: Long-haul and regional drivers working against delivery windows may exceed hours-of-service limits. Tennessee’s hands-free law also bars drivers from holding a phone or texting behind the wheel, and a commercial driver’s phone records can matter a great deal.
- Brake, Tire, and Maintenance Failures: Worn brakes, blowouts, and neglected inspections point toward the carrier or a maintenance contractor, not only the person driving.
- Improperly Loaded or Overweight Cargo: Shifting freight and unbalanced loads can cause rollovers and jackknifes, especially on ramps and curves near distribution centers and rail yards.
- Delivery Van and Box Truck Wrecks: Last-mile delivery vehicles run dense routes through neighborhoods and commercial corridors. The company behind the vehicle is often a separate defendant from the driver.
- Wrongful Death Crashes: When a truck wreck takes a life, the claim belongs to the surviving spouse, children, or next of kin, or a personal representative, and it carries its own rules on who may bring the case.
- Drunk and Impaired Commercial Drivers: Intoxication changes both the evidence and the damages available, and it can affect whether Tennessee’s cap on noneconomic damages applies.
- Catastrophic Injuries: Traumatic brain injuries, spinal cord damage, and amputations are common in truck impacts and drive the long-term cost of a case.
Proving Fault Against a Trucking Company
The central difference in a truck case is that the evidence lives mostly in the defendant’s hands. Federal regulations require carriers and drivers to keep certain records, including driver logs, inspection and maintenance files, hiring and qualification documents, and drug and alcohol testing results. Many modern trucks also carry electronic control modules and dash cameras that record speed, braking, and sometimes the seconds before impact. Some of this data is overwritten on a routine schedule. A prompt written preservation demand to the carrier, followed by court action when needed, is often the first thing a truck accident attorney does.
Our firm’s perspective on this is shaped by experience on the other side of the table. Two of our partners spent the early years of their careers defending insurance companies, trucking companies, and businesses before moving to the plaintiff’s side. That background means we know how a carrier’s defense team evaluates a claim, what they look for in a driver’s file, and where their arguments tend to be weakest.
Liability analysis typically looks at several layers. First is the driver’s conduct: speed, following distance, lane changes, phone use, and impairment. Second is the carrier’s conduct: how it hired and trained the driver, whether it pressured schedules, and whether it kept its equipment safe. Third is everyone else who touched the truck or its load. A claim built on only the first layer can leave real money and real accountability on the table.
Tennessee’s modified comparative fault rule matters here too. An injured person can recover only if they are less than 50 percent at fault, and any award is reduced by their percentage. Tennessee also abolished joint and several liability in most negligence cases, and fault can be assigned to nonparties, so each defendant will try to point at someone else. That is exactly why identifying every responsible party early matters, and why defense arguments about the injured person’s share of blame deserve a hard look rather than quick acceptance.
What Damages Look Like in a Serious Truck Case
Economic damages in Tennessee are not capped. That includes medical bills, future care, lost wages, and lost earning capacity, which in a catastrophic injury can run to many years of income. Noneconomic damages, such as pain, suffering, and loss of enjoyment of life, are generally limited to $750,000, or $1 million where the injury meets the statute’s definition of catastrophic loss, which includes spinal cord injury resulting in paraplegia or quadriplegia and the wrongful death of a parent of minor children. The jury is not told about the cap; the judge applies it afterward, and the jury decides by special verdict whether a catastrophic loss exists.
The cap does not apply in every case. It is lifted when the defendant intentionally caused the injury, was intoxicated to the point of substantially impaired judgment, destroyed evidence, or was convicted of a related felony. Punitive damages, where the facts support them, are limited to the greater of two times compensatory damages or $500,000. Those exceptions make the investigation of a driver’s impairment and a carrier’s record-keeping more than a procedural exercise; they can change what a case is worth.
Insurance is the other practical reality. Tennessee’s minimum auto liability limits are low, but commercial carriers are held to federal financial responsibility rules and often carry substantially more coverage, sometimes layered across several policies. Finding all of that coverage is part of building the claim.
Why Families Choose Fox, Farley, Willis & Burnette for Truck Crash Cases
Fox, Farley, Willis & Burnette is a Tennessee personal injury law firm whose attorneys bring more than 170 years of combined experience to car and truck crashes, wrongful death claims, and other serious injury cases. We serve clients in Shelby County and throughout Tennessee, from Memphis to Johnson City, and the firm has recovered over $100 million for its clients. We work on a contingency fee basis, so there are no attorney fees in a personal injury case unless we recover compensation, and every consultation is free. If injuries make travel difficult, we can meet you at home or in the hospital.
Several results speak directly to commercial vehicle work. The firm recovered $3.4 million for the family of a man killed in a Morgan County rear-end collision caused by a construction company driver, and $1.6 million for an Anderson County man struck head-on by a commercial delivery truck on his way to work. Past results do not guarantee a similar outcome, but they reflect the kind of cases we try and resolve.
Bruce D. Fox, co-founder, has tried more than 125 jury trials in state and federal court, is a member of the American Board of Trial Advocates, received the Tennessee Trial Lawyers Association’s Lifetime Achievement Award in 2025, and is a past president of that association. Partner Brad C. Burnette holds an AV Preeminent rating from Martindale-Hubbell, serves on the Tennessee Trial Lawyers Association Board of Governors, and is a Keenan Trial Institute graduate. Partner John Willis also serves on that Board of Governors and has tried cases from the Tri-Cities to Chattanooga. Trial attorney Michael C. Beehan is fluent in Spanish, and the firm welcomes Spanish-speaking clients: hablamos español. Our attorneys are regularly voted among Knoxville’s Top Attorneys by CityView Magazine.
Serving Truck Crash Clients Across Shelby County and West Tennessee
Our work for Shelby County clients starts in Memphis and extends through the neighborhoods and suburbs around it, including Midtown, Downtown, Orange Mound, Frayser, Raleigh, Whitehaven, and Binghampton. We also represent injured people and families in Germantown, Collierville, Bartlett, Cordova, Lakeland, and Arlington, along with the communities near the interstate corridors where so many freight crashes occur.
Because trucks cross jurisdictions constantly, a crash on a Shelby County highway may involve drivers and carriers from other states. We handle those cases, and we also represent clients across Tennessee, including Nashville, the Knoxville area, Sevier County, Anderson County, and East Tennessee communities where the firm has long practiced. If you were hurt in Shelby County but live elsewhere, we can handle the investigation, insurance negotiations, and court filings while keeping you updated wherever you are.
What to Do After a Truck Wreck in Shelby County
Start with medical care, and do not wait. Truck impacts cause injuries, such as brain trauma and internal bleeding, that may not announce themselves at the scene. Go to a hospital or emergency department in Memphis, follow every treatment recommendation, and keep every record. Gaps in treatment give insurers an argument that your injuries were not serious or came from something else.
At the scene, if you can, photograph the vehicles, the road, skid marks, and any visible company name, USDOT number, or trailer markings. Get the driver’s name and carrier, and the names and numbers of witnesses. Make sure a police report is filed, and request a copy. Avoid giving a recorded statement to the trucking company’s insurer or signing anything they send. Adjusters move quickly, and early statements can be used to assign you a share of the blame.
The deadline is the part people most often underestimate. Personal injury lawsuits in Tennessee generally must be filed within one year of the injury, and that period can extend to two years if criminal charges are brought against the person who caused the harm and prosecution begins within the first year. In a wrongful death case, the one-year period runs from the date of the injury, not the date of death. Property damage claims carry a three-year deadline. If the injured person was a minor, the clock is tolled until age 18. Claims against a government entity, such as a city-owned vehicle, fall under a separate 12-month rule and carry damage limits of their own.
Most civil injury lawsuits of this size are filed in Shelby County Circuit Court, which is a trial court of general jurisdiction, while cases that meet the requirements for federal court proceed in the U.S. District Court for the Western District of Tennessee, which holds court in Memphis. Estate matters connected to a wrongful death, such as appointing a personal representative, run through the county’s Chancery Court. A lawyer can tell you which forum fits your claim and move quickly to send the preservation letters that protect the truck’s data and records.
Shelby County Truck Accident Questions, Answered
How long do I have to file a truck accident lawsuit in Tennessee?
Generally one year from the date of the injury. That deadline can extend to two years when criminal charges are filed against the person who caused the crash and the prosecution begins within the first year. Because evidence from trucking companies can disappear quickly, waiting even a few months can hurt your case.
Who can be held responsible for a tractor-trailer crash?
The driver is the obvious defendant, but the trucking company, the cargo owner or loader, a maintenance contractor, a freight broker, or a parts manufacturer may also share liability depending on what caused the wreck. Identifying each party matters because Tennessee allocates fault among defendants and nonparties.
What if I was partly at fault for the accident?
You can still recover as long as you are less than 50 percent at fault. Your compensation is reduced by your percentage. At 50 percent or more, the claim is barred, which is why trucking defense teams often work to shift blame toward the injured driver.
Is there a limit on what I can recover?
Economic damages like medical costs and lost income are not capped. Noneconomic damages are generally limited to $750,000, or $1 million for a catastrophic loss as the statute defines it. Those caps can be lifted in certain situations, including when the defendant was substantially impaired by alcohol or drugs or destroyed evidence.
What does it cost to hire your firm?
Nothing up front. We work on contingency, meaning we are paid only if we recover compensation for you, and the first consultation is free with no obligation.
What if a family member was killed in a truck crash?
Under Tennessee law, the wrongful death claim passes first to the surviving spouse, then to the children or next of kin, or may be brought by a personal representative. Recoverable losses can include lost income, medical and funeral expenses, and the value of the life taken. The one-year deadline runs from the date of the crash.
Why is evidence so urgent in a truck case?
Driver logs, maintenance records, and electronic data from the truck can be overwritten or discarded on routine schedules. A prompt preservation demand puts the carrier on notice not to destroy them, and destruction of evidence can later weaken the carrier’s position and, in some cases, lift the noneconomic damages cap.
Will the trucking company’s insurer pay my medical bills while the claim is pending?
Usually not as a matter of course. Many people use their own health insurance or medical payments coverage in the meantime, and the claim later seeks reimbursement for those costs. Keep every bill and explanation of benefits, since those records document your damages.
Does the Hands Free law matter in a truck crash?
It can. Tennessee prohibits drivers from holding a phone, texting, or watching video while driving. If phone records show a commercial driver was distracted, that conduct is strong evidence of negligence, and it may point to the carrier’s policies as well.
Can I handle a truck accident claim without a lawyer if the injuries seem minor?
You can, but truck claims involve multiple insurers, federal safety regulations, and evidence you cannot easily obtain on your own. Injuries that look minor at first sometimes develop into longer-term problems, and early settlements generally close the door on later claims. A free consultation can help you decide.
What if I live out of state but was hurt in Shelby County?
You do not need to travel back for every step. We handle the investigation, negotiations, and court filings in Tennessee and keep you informed by phone and email as the case moves forward.
Talk With a Shelby County Truck Accident Attorney
If a commercial truck has changed your life or taken someone you love, speaking with a Shelby County truck accident attorney at Fox, Farley, Willis & Burnette costs nothing and commits you to nothing. We will review what happened, explain which deadlines apply, and move quickly to protect the evidence that decides these cases. Call us to schedule your free consultation, and if your injuries make it hard to travel, we can come to you at home or in the hospital.
