Tupelo Trucks Carrying Hazardous Materials
Lawyers Representing Big Rig Crash Victims in Tupelo and the Surrounding Areas
Accidents involving semi-trailer trucks occur frequently in and around cities like Tupelo, Mississippi. Given the size and weight of the average commercial truck, such accidents are already very dangerous for the occupants of any other vehicles involved. When the accident involves a truck carrying hazardous materials, the danger is increased even further. The materials that these trucks carry can be toxic, corrosive, flammable, explosive, or even radioactive. If a person comes into contact with the hazardous material, even a relatively low-impact accident could result in serious or fatal injuries. If you have been injured in an accident with a truck carrying hazardous materials, the Tupelo truck accident attorneys at Nahon, Saharovich & Trotz can assist you in seeking compensation from those responsible. With over 30 lawyers and more than 120 support staff, our firm has the experience, knowledge, and resources necessary to fight for your claims.
Liability in Accidents with Trucks Carrying Hazardous Materials
In order to recover compensation for injuries sustained in a trucking accident, the injured party must first establish that some other party is responsible for their injuries under the law. This is commonly accomplished by pursuing a negligence claim against the truck driver or the trucking company that employs the driver. For the negligence claim to succeed, the injured party must show that their injuries were caused by the unreasonable actions of the driver or trucking company. Such unreasonable actions could include distracted driving, driving while fatigued, driving under the influence, improper maintenance, and negligent hiring. If only the truck driver acted unreasonably, the trucking company may still be held vicariously liable for the trucker’s actions if they were committed during the course and scope of the trucker’s employment.
Another method of pursuing a claim against the truck driver or trucking company is through the doctrine of negligence per se. Due to the potential threat that the transportation of hazardous materials by commercial trucks poses to people, their property, and the environment, the federal government and most state governments have enacted statutes and regulations governing the transportation of hazardous materials. These laws place various requirements and restrictions on truck drivers and trucking companies who transport hazardous materials. For example, truck drivers who transport hazardous materials must have the proper training and qualifications to do so, and the trucking company that employs the driver must have a proper permit as well. If someone is injured because a truck driver or trucking company did not abide by these regulations, the injured party may be able to use negligence per se to establish liability.
Consult With an Experienced Tupelo Lawyer
Obtaining compensation for accidents involving trucks that carry hazardous materials can be difficult. To handle the case properly, the attorney involved must have a detailed understanding of both federal and Mississippi law. The attorney must also be willing to go toe-to-toe with aggressive trucking companies and their insurers. At Nahon, Saharovich & Trotz, our attorneys have fought for the rights of injured accident victims for over 30 years. We are confident in our ability to pursue compensation on your behalf, no matter how complex the case. If you have a case that you want to discuss with our Tupelo attorneys, contact us today to set up a free consultation. We serve personal injury clients throughout Mississippi, Tennessee, Arkansas, Kentucky, and Missouri, including in cities like Tupelo, Oxford, Columbus, Starkville, Grenada, Meridian, Jackson, Knoxville, Memphis, Nashville, Chattanooga, Jonesboro, Little Rock, Hayti, and Caruthersville. Call us toll-free at 800-529-4004 or reach out through our online form. NST is the way to go if you need a trucking accident attorney in the Tupelo area.
Most car accidents are preventable and occur as a result of errors by one or more drivers. To prove liability, you will need to establish by a preponderance of the evidence that the driver owed you a duty of care, which was breached, and that your injuries resulted from the driver’s carelessness. Damages that may be available in these cases often include medical expenses, lost income, mental anguish, loss of consortium, and pain and suffering.
Truck drivers are required to follow numerous detailed regulations, including rules related to hours of service, keeping a logbook, and maintenance procedures. Many of these regulations are intended to protect other people on the road from harm. In some states, if a driver violated a law that was enacted to protect the public, the violation can create a rebuttable presumption of negligence. Trucking companies are also required to follow a number of regulations, including rules related to background checks of drivers and proper supervision. They often may be held directly or indirectly liable for a truck accident.
The Social Security Administration (SSA) evaluates applications for disability benefits. Although many people pay into this system throughout their lives, many legitimate claims are initially denied, and this process may be less straightforward than claimants expect. The SSA uses a five-step sequential evaluation to determine whether to grant benefits to an applicant. Each step is considered in a set order. We can present your case in a persuasive manner and help you appeal a denial of a meritorious claim if needed. This could include representing you in a hearing before an administrative law judge.
Workers’ compensation functions slightly differently in each state. In Tennessee, for example, businesses that employ five or more employees must carry workers’ compensation insurance. If you are injured on the job, you may recover benefits, such as medical costs and disability. Neither your employer’s nor your own culpability for your injuries will prevent you from collecting these benefits. However, it may still be a struggle to obtain benefits from your employer’s insurer. We can help you navigate this challenging process.
If you were harmed by a health care professional’s failure to use the appropriate level of care in providing treatment to you, you may be able to recover compensation. Most medical malpractice lawsuits require retaining an expert to determine the accepted standard of care and explain what the defendant did that fell short of this standard, as well as how the inappropriate conduct caused the patient’s injuries.
When you buy a toy, car, medication, or other product, you do not expect to be hurt. If you are injured, you may have grounds to file a product liability lawsuit. There are three types of defects that may be actionable: manufacturing, design, and marketing (also known as failure to warn). Manufacturers may be held accountable under multiple different theories, including strict liability, negligence, breach of warranty, and concealment. For example, if you take a drug that causes you to develop cancer, but you were not told that a potential side effect of the drug was developing cancer, you may have grounds to hold the manufacturer strictly liable for its failure to warn you of the risk.
Nursing home residents are often elderly or disabled, and thus they are especially vulnerable to neglect, physical abuse, and exploitation by staff members. Unfortunately, many nursing homes are understaffed or employ staff members who are inadequately trained to deal with potentially frustrating situations. Nursing homes are required to protect their residents from physical, mental, and emotional harm by providing a safe environment, as well as adequately training and supervising staff. A failure to do so may be grounds for a nursing home negligence lawsuit for damages.
Property owners have a duty to keep their property reasonably safe. In most situations, this includes an obligation to inspect the property for dangerous conditions and fix them or provide warnings about them so that visitors are not harmed. One type of dangerous condition, which may present a particular problem in apartment complexes or shopping centers, consists of inadequate security measures such as broken locks, poor lighting, or a lack of security guards. A failure to take security measures when appropriate may allow third-party criminals to assault, rob, rape, or otherwise harm visitors and tenants. You may be able to recover damages if you can prove that the defendant knew or should have known about a history of attacks similar to yours and taken appropriate security measures to reduce the risk of further incidents.
Consult a Personal Injury Lawyer in Memphis or the Surrounding Regions
If you are dealing with a devastating injury or medical condition, the Memphis personal injury attorneys at Nahon, Saharovich & Trotz can evaluate and explain your options. Our firm has 30 attorneys and more than 100 staff members, and we serve injured people in many areas of Tennessee, Mississippi, Arkansas, Missouri, and Kentucky, including Memphis, Nashville, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville. Contact our office toll-free by calling 800-529-4004 or by completing our online form to set up a free consultation with a personal injury, workers’ compensation, or Social Security Disability lawyer. Once you have learned more about our vigorous advocacy for the rights of the injured, you will realize that NST is the way to go.