Southaven Truck Accidents

Commercial truck drivers are considered to be professional drivers, but this does not mean that they do not commit driving errors from time to time. When that error results in an injury-causing collision, the truck driver himself and the owner of the truck may be held liable. In order to succeed in a bodily injury claim, a Southaven accident victim will need to prove that the truck driver (or trucking company) was negligent. What constitutes negligence? Generally speaking, negligence is established by showing that the truck driver breached a duty of care to you which caused the accident and your injuries and losses. Speeding, running red lights, disregarding stop signs, and making illegal lane changes are all examples of negligent driving actions that could contribute to a truck accident.

In some cases, the truck driver may not be completely to blame for the accident. Suppose a passenger car speeds through the intersection of Church Road and Goodman Road and collides with a truck that made an improper left-hand turn. In that scenario, the driver of the car was negligent by speeding, and the driver of the truck committed negligence by making the unlawful turn. Who is to blame in this situation? Both drivers are likely to blame, and Mississippi law allows for both negligent parties to be partially responsible for the accident.

For example, suppose in the above scenario that a judge or jury determines that the car was 30% at fault and the big rig was 70% at fault. In that case, the driver of the car would be able to seek compensation for his losses from the big rig driver but his damages would be reduced by 30%. Since the amount that you can recover will be directly affected by the amount of liability assigned to you, it is important that you contact a truck accident attorney in the Southaven area to assist you. The trucker and his insurance company will likely have a team of lawyers and investigators working to gather evidence against you, and it is critical that you have a legal team working to gather any evidence that is helpful to you and your position.

Depending on your injuries and the value of your case, 10% of liability one way or the other could increase or decrease the damages that are awarded to you by thousands of dollars or more. In a trucking accident case involving severe injuries, we have the resources to retain accident reconstruction experts to visit the scene of the crash. We may also consult with experts familiar with Federal Motor Carrier Safety Administration (FMCSA) regulations, rules which interstate truck drivers and their employers must follow in terms of documenting hours driven, abiding by drug and alcohol standards, and properly maintaining the vehicle.

In many cases, the owner of the truck should be liable for any injuries you suffer in a collision caused by the truck driver. Often the owner of the truck is the truck driver’s employer, and employers are generally deemed to be vicariously liable for the negligence of their employees committed in the course and scope of employment. A trucking company could also be liable under theories of negligent hiring or negligent training if the driver was not properly licensed or trained to drive the vehicle. Our truck accident lawyers can help Southaven residents identify all of the parties who may have been at fault.

Mississippi allows you three years to settle your bodily injury claim out of court or to file a complaint in court. An exception exists if your collision involved a governmental entity. Though three years is a significant amount of time, it is crucial that the attorney begin working on your case as soon after the accident as possible. We can get started on your case immediately by obtaining the police report, speaking with witnesses, gathering evidence, and monitoring your medical treatment.