Truck Accident Liability Attorney in Mississippi
Many factors make truck accident cases more complex than regular car crash cases. One of the biggest is that many different parties could be liable, from the truck driver to the carrier they work for to third-party brokers and maintenance providers. These parties will often attempt to shift blame among themselves and the victims to limit their financial exposure.
If you were injured in a truck crash, you will need your own experienced injury lawyer to accurately identify everyone who could be responsible for what happened and hold them financially accountable for the consequences. Turn to Williams Newman Williams for help with your trucking crash claim.
As former defense lawyers, we know how trucking companies build their cases and their arguments – so we know how to overcome them. We prepare every case as though it will go to trial immediately, which helps us build leverage, anticipate the other side’s tactics, and get out ahead of them. Our reputable lawyers are ready to go the distance for you, no matter how tough your case is or how hard the other side fights back.
Contact us now for your free, no-obligation, fully confidential consultation with a truck accident liability attorney in Mississippi. We can review your case, answer your questions honestly, and explain your legal options.
How Can Trucking Companies Be Held Liable Under Mississippi Law
While Mississippi largely defers to federal standards governing the trucking industry, several state laws can affect Mississippi truck accident liability. A trucking company that violates one of these safety regulations could be held liable for resulting injuries under state law.
Mississippi Code § 63-1-207 requires anyone driving a commercial motor vehicle in the state to hold a commercial driver’s license, or CDL. The following are the four types of CDLs in Mississippi:
- Class A, which allows the holder to drive any combination of vehicles with a gross vehicle weight rating (GVWR) of more than 26,000 pounds, including a towed vehicle weighing more than 10,000 pounds
- Class B, which allows the holder to drive any single vehicle with a GVWR of more than 26,000 pounds or towing a vehicle weighing no more than 10,000 pounds
- Class C, which allows the holder to drive a vehicle not covered by classes A or B, but is designed to carry 16 or more occupants or to tow hazardous materials
- Class D, which allows the holder to drive a commercial vehicle not covered by classes A, B, and C
Drivers also need to carry CDL endorsements to operate certain types of vehicles or haul certain kinds of cargo.
Mississippi also sets weight limits on how much weight can be placed on a single axle and how far apart the axles may be placed.
Who Can Be Sued in a Mississippi Trucking Wreck?
The trucking industry is made up of many different people and companies responsible for performing a wide range of jobs. Any of these could be to blame for a collision that happened because they failed to do their particular job with sufficient care. Depending on the circumstances of the crash, you could sue any of the following parties.
The Truck Driver
The truck’s driver is the person most directly responsible for its safe operation. As such, they could be most immediately to blame for a crash. A truck driver could be liable if they behaved carelessly behind the wheel, such as by doing the following:
- Speeding or driving too fast for conditions
- Tailgating/following other vehicles too closely
- Failing to check their blind spots or signal before changing lanes
- Turned without accounting for the vehicle’s wide turning radius
- Driving while intoxicated by alcohol or drugs
A truck driver could also be liable if they violated safety regulations about how long they could drive without taking a break, how they secured the cargo they were hauling, or when they had to inspect their vehicle for hazards.
The Trucking Company
The trucking company could be liable for a wreck in different ways. First, if the company sets the driver’s schedule and route, it may be liable under the legal theory of respondeat superior, a form of vicarious (secondhand) liability that holds employers responsible for the on-the-job actions of their employees or agents. In other words, because the company profits off the driver’s work, it also shares liability for the driver’s errors.
Alternatively, the trucking company might be independently liable for its own actions, such as the following:
- Hiring a driver without the correct CDL
- Failing to train or supervise its driver
- Encouraging the driver to violate safety regulations
The Truck’s Owner
In some cases, the truck involved in a collision is owned by someone other than its driver or the trucking company. This entity could be to blame if it failed to adequately maintain the vehicle and replace damaged or otherwise unsafe parts.
The Shipper or Cargo Loading Company
Truck drivers and trucking companies sometimes outsource loading to specialized service providers. The shipper or cargo loading company could be liable for a wreck involving the following:
- Improperly distributed cargo that made the truck unstable
- Improperly secured cargo that fell off the truck and onto the roadway
- Overweight cargo that violates state or federal weight limits
A Freight Broker
Freight brokers are individuals or companies that act as middlemen between companies that need to ship goods and the truck drivers and trucking companies that perform the work. The U.S. Supreme Court’s ruling in Montgomery v. Caribe Transport II, LLC makes it easier to hold a broker liable if it selects a trucking company with a history of safety violations.
A Maintenance Facility
Truck drivers and companies sometimes work with third-party maintenance providers to keep their vehicles in safe working order. These parties could be to blame for a truck crash that occurred because they failed to identify and correct safety issues such as worn-out brakes, a sticky transmission, or bald tires.
A Truck Part Manufacturer
Manufacturers of vehicles and components are liable when their products are inherently unsafe. For example, the company that produced a tire with an insufficiently thick liner could be liable for a wreck caused by a tire blowout.
Other Drivers
Some truck crashes happen because a driver reacted to someone else’s unsafe behavior. The following are examples of when another road user could be to blame:
- A truck driver throws on the brakes to avoid hitting a pedestrian who stepped into the roadway, causing a rear-end pileup.
- A truck driver swerves out of the way of a driver who changes lanes without signaling.
- A driver is following the truck too closely, unable to see what is ahead, and strikes the back of the truck as it slows for approaching traffic.
Government Entities Responsible for Roadways
Government entities have a duty to maintain safe roadways. They could be to blame for a wreck that occurred because the grade was too steep, the lane markings had not been recently painted, or there was no sign warning the truck driver to slow down for a tight turn.
What Are Federal Regulations That Establish Liability in Truck Crash Cases?
The Federal Motor Carrier Safety Administration (FMCSA) regulates the interstate trucking industry. It sets a wide range of safety regulations, including rules about the following:
- What training drivers must undergo and what licenses they must hold
- How long a truck driver can operate their vehicle without going on breaks
- How much cargo can be loaded onto a truck, and how that cargo must be secured
- When a driver must inspect their vehicle, and what they have to check for
- How often trucking companies must inspect their vehicles to ensure that they are safe to operate
- When truck drivers must undergo drug or alcohol testing
Anyone who violates any of these regulations could be liable for a wreck that happens as a result.
What Evidence Could Support Your Trucking Crash Liability Claim?
It may take considerable evidence to prove that someone else is liable in your truck injury claim, such as the following:
- Photos of the crash scene
- Traffic, security, or dashboard camera footage of the wreck happening
- Physical evidence like skidmarks, impact marks, and debris
- Information from the truck’s onboard engine control module (ECM) and electronic data recorder (EDR)
- GPS and telemetric data
- The truck driver’s electronic logging device (ELD)
- Employment records
- Drug testing results
An experienced truck collision lawyer can identify, preserve, and recover the evidence that could be critical in winning your case, including some that remains in the trucking company’s hands.
How Long Do You Have to File a Trucking Crash Injury Lawsuit in Mississippi?
Mississippi has a statute of limitations on personal injury claims. This law sets a deadline for how long you have to file a lawsuit after a truck wreck. In most cases, you have three years from the date of the collision to file. If you wait too long, your case will become time-barred, meaning you cannot recover compensation, no matter how strong your case is. The best way to protect your rights is by getting legal help as soon as possible.
Could You Recover Compensation if You Are Partly to Blame for a Trucking Crash in Mississippi?
Yes. Mississippi’s “pure comparative negligence” rule means you can still recover compensation for a truck wreck you were partially to blame for. However, it also means your compensation will be reduced by a percentage point for each percentage of fault a court assigns you. As an example, if you suffered $200,000 in a truck crash that a jury believes you were 20 percent to blame for, you would recover $160,000 instead ($200,000 less 20 percent).
An experienced truck crash injury lawyer can help you recover more compensation by presenting evidence that reduces the percentage of fault assigned to you.
What Can a Mississippi Lawyer Do for Your Trucking Crash Case?
While you rest and recover, your Mississippi truck crash lawyer can do the following:
- Investigate the wreck to recover key evidence about what happened
- Send letters of spoliation and file motions for subpoenas to preserve evidence that the trucking company might otherwise hide
- Identify all liable parties and include them in your truck wreck claim
- Calculate the full and fair compensation you are entitled to
- Communicate with trucking companies and insurers so you do not have to
- Negotiate aggressively for maximum compensation through a settlement
- Take your case to trial if the other side will not make a fair offer
Contact a Trucking Crash Lawyer in Mississippi Today
At WNW, our attorneys have experience taking on the insurance companies and pursuing the full compensation that truck wreck victims deserve. We have a track record of recovering millions of dollars for clients and over four decades of combined experience in injury law. Our lawyers put your needs and interests first, and we never back down when the stakes are high.
Contact us today for your free, no-risk, fully confidential consultation with a trucking accident lawyer in Mississippi. When You Need a Win, turn to WNW.
