Mississippi Truck Accident Lawyer Working Hard to Protect Your Rights
If you or a loved one have been involved in a truck accident in Greenville, MS, don’t wait any longer to seek legal representation. Contact our experienced Mississippi truck crash lawyers at Harris Law Firm today to schedule a free consultation and get the justice you deserve.
Anyone who has driven near a large truck knows the unsettling feeling.
Most drivers aim to get past large trucks as quickly as possible is the goal.
They have a good reason–the results can be catastrophic when a crash involves a large truck.
The damages from a truck accident are much different from a car accident. They are usually more severe, and the process for recovering damages changes.
The Mississippi truck accident attorneys at Harris Law Firm know how a trucking accident can change a person’s life. If you or a family member is facing serious injuries from a truck crash, please contact us today.
Potentially Liable Parties
There can be numerous parties that are liable for a truck accident. Liable parties might include:
- The truck driver,
- The trucking company,
- A driver of a passenger car,
- The victim of the car accident,
- The cargo loader or shipper,
- The manufacturer of the cargo, and
- The manufacturer of the truck or a truck part.
Your Greenville truck accident attorney will help you identify the appropriate liable parties.
Causes of Truck Accidents
Some of the most common types of negligence that lead to large truck collisions include:
- Truck driver errors,
- Violation of hours of service regulations,
- Truck driver fatigue or impairment,
- Improper truck driver training,
- Lack of vehicle maintenance,
- Defective vehicle part, and
- Cargo/loading errors leading to cargo shifts.
Our attorneys have extensive experience identifying the cause of truck accidents and fighting to protect their clients’ rights.
Consequences of Improper Loaded Trucks
All truck drivers must ensure that the cargo is safe. Overloaded or improperly loaded cargo makes the truck top-heavy, potentially leading to a rollover crash. The cargo could also fall off, spreading debris on the road. Additionally, falling cargo can obstruct the highway, cause a car to crash, or even fall onto another vehicle.
Improperly loaded trucks can lead to many different truck accidents, such as:
- Jackknife accidents,
- Rollover accidents,
- Sideswipe accidents,
- Rear-end crashes, and
- Accidents due to loose debris.
Several federal guidelines were established specifically to ensure the big rig’s safety. According to the Federal Motor Carrier Safety Administration (FMCSA), the trucking companies or employers are responsible for instructing the driver to understand how to load the cargo correctly and use the correct techniques for securing the cargo. These companies can also be held liable for the damages and injuries caused.
Negligent Hiring
Trucking companies can be liable for hiring inexperienced drivers or failing to provide adequate training. They have the duty of ensuring drivers are ready to take on the rigors of the job and maintain safety practices. Some examples of negligent hiring practices include:
- Failing to conduct drug testing;
- Failing to perform thorough background checks;
- Failure to discipline drivers for any past violations;
- Failing to inquire about the employee’s driving history or asking about past accidents;
- Failing to validate the employee’s education, training, certifications, and licenses; and
- Failing to provide adequate training and review of procedures.
Fatigued Driving
Truck drivers face great pressure to meet deadlines and deliver cargo by a certain date or time, so they will often stay out on the road longer than is allowed. By doing this, they may be violating federal guidelines that govern how drivers should regulate their time and mileage.
Under the FMCSA, drivers should only be on the road for a maximum of 14 hours. If you have been injured because of a drowsy driver in a truck accident, you may be entitled to receive compensation.
Common Truck Accident Injuries
Truck accidents are devastating due to commercial vehicles’ size and weight. A fully loaded truck can weigh tens of thousands of pounds, making the force of impact far greater than that of a typical car crash. This impact often results in severe injuries for those involved. Common injuries from truck accidents include:
- Traumatic brain injuries (TBI),
- Spinal cord injuries,
- Broken bones,
- Burns,
- Lacerations,
- Whiplash,
- Amputations,
- Facial injuries,
- Internal organ damage,
- Back injuries,
- Concussions,
- Severe bruising,
- Paralysis,
- Coma, and
- Death.
These injuries can have life-altering consequences, requiring long-term medical care.
Steps to Take After a Truck Accident
After a truck accident in Mississippi, following a series of steps to protect your legal rights is critical. These actions are vital, as truck accidents often involve severe injuries, large-scale property damage, and complicated insurance claims. Here’s what you should do immediately after a crash.
Call Law Enforcement
Always contact the police after a serious truck accident. The responding law enforcement agency will file an official report, which may be necessary for your claim. Trucking companies may have powerful insurance companies on their side, making it crucial to have this documentation.
Seek Medical Attention
Even if you feel fine, get checked by a medical professional. Truck accidents can cause internal injuries or delayed symptoms, so having a record of medical evaluation is crucial for your health and any potential legal claims. Mississippi truck accident attorneys often rely on medical documentation to prove the extent of your injuries.
Collect Evidence at the Scene
If you are able, gather as much evidence as possible. Take pictures of the accident scene, including vehicle damage, road conditions, skid marks, and injuries. Ask for contact information from witnesses who may have seen the accident. This evidence is invaluable for a Mississippi truck accident attorney building your case.
Avoid Admitting Fault
In the chaos of an accident, people often apologize or admit fault, even when they aren’t responsible. Be cautious with what you say, as these statements can be used against you by the trucking company’s insurance.
Notify Your Insurance Company
You must notify your insurance provider of the accident, but be careful about what you disclose. Insurance companies may attempt to settle for less than what you deserve. It’s advisable to consult a Mississippi truck accident lawyer before agreeing to any settlements.
Consult a Mississippi Truck Accident Attorney
One of the most critical steps after a truck accident is contacting a seasoned attorney. An attorney can investigate your case, handle negotiations with insurance companies, and ensure you get the compensation you’re entitled to for medical expenses, lost wages, and other damages.
Evidence and Investigation After a Truck Accident
An experienced truck accident attorney will do a thorough analysis of the accident. Their investigation will include reviewing not only any negligence above but also the following:
- Police reports relating to the accident;
- Driving records of the parties involved;
- Weather reports on the day of the accident;
- Social media account postings of parties to the accident;
- The trucking company’s general record regarding negligence and company conduct; and
- Relevant medical records of all involved.
You must hire an attorney as soon as possible after a truck accident. Doing so will allow them time to evaluate all required information.
Ready to Speak to a Mississippi Trucking Accident Attorney?
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Trucking Company Defenses
Trucking companies are well-versed in defending themselves in lawsuits. They will be prepared to try to avoid responsibility in a trucking accident. Trucking defense law firms often focus on the following arguments:
- The plaintiff caused the accident;
- The percentage of fault for which they can be held responsible should be reduced;
- Road or weather conditions that caused the incident;
- Another driver, not named in the current lawsuit, was at fault;
- There was a malfunction of one of the vehicles involved in the accident; and
- The plaintiff’s injury resulted from a prior injury, not the truck accident.
Our experienced truck accident attorneys will combat these claims. They will help protect your rights, defend your interests, and thoroughly present your side.
Damages Recoverable with a Truck Accident Claim
Truck accident victims in Mississippi may be entitled to various forms of compensation, known as damages, including the following:
- Medical bills. You may claim current and future medical expenses, including emergency room visits, surgeries, medications, rehabilitation, and ongoing care.
- Lost wages. If your injuries prevent you from working, you can claim compensation for lost income. This compensation also includes any future loss of earning capacity if your injuries affect your ability to return to work.
- Property damage. Truck accidents can lead to severe vehicle damage, and you can seek compensation to cover the cost of repairs or vehicle replacement.
- Funeral and burial expenses. In the tragic event of a fatal truck accident, family members can recover the costs associated with funerals and burials.
- Pain and suffering. This damage covers the physical pain and emotional distress experienced as a result of the truck accident.
- Emotional distress. Truck accidents can cause lasting trauma, including anxiety, depression, or post-traumatic stress disorder (PTSD).
- Loss of consortium. In cases where the accident has negatively impacted a close relationship, such as between spouses, compensation may be available for the loss of companionship and support.
Each truck accident is unique, and determining the full extent of recoverable damages can be complex. We can help you evaluate your case and ensure you get the best chance at financial recovery.
Mississippi Comparative Negligence Laws
In Mississippi, the law operates under pure comparative negligence, allowing individuals to recover damages even if they share some fault in a truck accident. According to the law, the fact that a person injured or the property owner may have contributed to the accident does not bar recovery. Instead, the damages awarded are reduced by the percentage of negligence attributed to the injured party.
For instance, if you are found to be 30% at fault for a truck accident and your total damages amount to $100,000, you would be entitled to $70,000 after accounting for your percentage of fault. So, even if you are considered primarily responsible—up to 99%—you can still recover 1% of your damages. This approach ensures that victims receive compensation to cover some of their damages regardless of fault.
Without the Right Greenville Truck Accident Attorney, You Greatly Risk Losing Your Case
A plaintiff must have an attorney with experience in personal injury law. A knowledgeable personal injury trucking accident lawyer will:
- Investigate and gather evidence effectively,
- Effectively deal with insurance companies,
- Know how to calculate fair compensation,
- Skilfully negotiate settlements,
- Represent you in court if necessary,
- Understand trucking regulations and industry standards, and
- File all necessary paperwork on time.
The truck company and its driver will have the advocacy of a reputable trucking defense firm. You will be at a grave disadvantage if you do not have an equally experienced attorney.
Filing a Truck Accident Lawsuit in Mississippi
Our truck accident lawyer in Greenville, MS, recommends initiating the claims process by filing a claim against the at-fault party’s insurance company. From there, we will do everything we can to investigate the accident, gather evidence, prove fault, and prove the extent of damages suffered.
Then, we will aggressively negotiate on your behalf to recover a compensation award that fully compensates you for your losses. We must move fast to collect evidence and file a claim with the insurance company. The statute of limitations for filing a truck accident lawsuit is only three years.
If we cannot reach a settlement agreement with an insurance company, filing a lawsuit and taking your case to court may be the best course of action. We have trial experience and are not intimidated by the idea of a courtroom. We have recovered millions of dollars on clients’ behalf as a result of both settlements and court decisions.
Contact Our Mississippi Truck Accident Attorney Today
The aftermath of a truck crash can be very traumatic and confusing. You may be dealing with significant injuries or have to care for a loved one who has suffered significant injuries. In the most severe of cases, you may even be dealing with the death of a family member.
Our law firm understands that immediately after a truck accident, the last thing that you’re probably focused on is getting compensation and calling a lawyer–you’re likely too overwhelmed.
We urge you to contact our law offices as soon as possible, as we cannot stress enough the importance of acting quickly in truck accident claims.Schedule a free, no-obligation consultation with our law offices as soon as possible. Reach us online.