Tupelo Injured Truck Passengers

If you have been involved in an auto accident, you should contact an attorney well-versed in these types of cases. Most cases center on negligence, such as being struck by a drunk driver at the intersection of Highway 45 South and East Main Street. Here are four examples of how an injured truck passenger can recover compensation and/or benefits following an accident:

1. Employee passenger – truck driver at fault: Here, you should be able to file a claim under your employer’s workers’ compensation insurance. In Mississippi, filing a workers’ compensation claim is an injured employee’s exclusive remedy in terms of pursuing recovery against the employer for an on the job injury. The injured employee may be entitled to wage and/or disability benefits pursuant to the Mississippi Workers’ Compensation Act.
2. Employee passenger – third party at fault: Here, you should be able to file a claim under your employer’s workers’ compensation insurance as well as pursue a claim against the third party who caused the accident – i.e. the other vehicle. Under workers’ compensation coverage, there is no award for pain and suffering, but under a third party claim, pain and suffering is an element of damages in addition to medical bills and lost wages.
3. Non-employee passenger – truck driver at fault: Here, as a non-employee, you could bring a claim against the truck driver and the trucking company. Commercial trucking companies are regulated by the Federal Motor Carrier Safety Administration (FMSCA). If it is found that the trucking company violated a regulation under the FMSCA, they could be held directly liable for the accident.
4. Non-employee passenger – third party at fault: Here, the non-employee passenger could bring a claim against the third party driver and/or vehicle owner for negligence.

If you have been injured as a passenger in a semi-truck or tractor-trailer, it is important to contact a truck accident attorney in Tupelo immediately so that all the possible avenues of recovery are indentified and explored. Otherwise, you may not be able to recover all to which you are entitled.