Jackson, MS Injured Truck Passengers
In many instances, commercial truck accident cases involve claims brought by the occupants of other vehicles for injuries and damages caused by the truck. However, passengers who are riding in a commercial truck that is involved in an accident likely also have personal injury claims that they can pursue. Depending on how the accident happened, truck passengers could potentially have claims against the truck driver and trucking company, or they could have claims against a third party who was at fault for the collision. If the passenger was working for the trucking company at the time of the collision, he or she may be able to pursue a workers’ compensation claim. Due to the wide variety of potential claims and responsible parties, it is important for injured truck passengers to seek legal representation as soon as possible. At Nahon, Saharovich & Trotz, our Jackson truck accident attorneys are ready to listen to your case and discuss your options for pursuing compensation. NST is a large regional personal injury law firm, and we have an office in Jackson to serve those injured in Hinds County.Analyzing Potential Causes of Action Available to Injured Truck Passengers
The claims that an injured truck passenger can potentially pursue depend on whether the passenger was working for the trucking company at the time of the accident and the identity of the at-fault party.
If the passenger was not working for the trucking company at the time of the accident and the truck driver was at fault, the passenger may have a negligence claim against the truck driver. A successful negligence claim could allow the injured passenger to recover damages such as medical bills, lost wages, pain and suffering, and possibly more. Examples of actions by the driver that could potentially give rise to a negligence claim include speeding, tailgating, distracted driving, fatigued driving, and driving under the influence of alcohol. The injured truck passenger may also be able to hold the trucking company legally responsible for their injuries under the doctrine of vicarious liability. In addition, a passenger who was not working at the time of the accident may have claims against the trucking company for its own negligence. Negligent actions by the trucking company could include negligent hiring, negligent supervision, and improper maintenance.
If the passenger was working at the time of the accident and a co-employee or the trucking company itself was at fault for the accident, the passenger will likely need to seek recovery through a workers’ compensation claim. With a few limited exceptions, Mississippi law requires an injured employee to pursue compensation for personal injury through a workers’ compensation claim rather than through a negligence claim against the employer. Workers’ compensation will cover the employee’s medical bills and may pay them temporary and/or permanent benefits, but it will not allow the employee to recover for his or her pain and suffering.
If the driver of another vehicle is at fault for the accident, the passenger may have a negligence claim against the third party driver regardless of whether they were working at the time of the accident. Furthermore, if the passenger was working at the time of the accident, they will likely be able to recover benefits and receive treatment under workers’ compensation while also pursuing compensation for their pain and suffering through the third party claim against the at-fault driver. An experienced truck accident attorney in Jackson can help you ensure no stone goes unturned in pursuit of your case.Retain an Attorney Experienced in Cases Involving Injured Truck Passengers
The above explanation is merely a brief overview of some of the claims and issues that can arise when a truck passenger is injured in an accident. There are many other issues and possible claims that need to be considered if an injured truck passenger wants to ensure that they are fully compensated for their losses. If you were injured in an accident while traveling as a truck passenger, contact the Jackson lawyers at Nahon, Saharovich & Trotz to explore your legal options. We assist accident victims throughout the South, including in Jackson, Meridian, Oxford, Tupelo, Columbus, Starkville, Grenada, Hayti, Caruthersville, Memphis, Nashville, Knoxville, Chattanooga, Little Rock, Jonesboro, and other cities across Mississippi, Missouri, Kentucky, Tennessee, and Arkansas. Call us now at 800-529-4004 or fill out our online form for a free consultation with a truck crash lawyer. NST is the way to go.