Truck accidents are a big problem on the roads of Jackson, Mississippi and can cause serious injury and property damage. With the size and weight of commercial trucks, truck accidents can be devastating. Truck claims are more complicated than car accidents because of the multiple parties involved and the regulations of the trucking industry.

This article will cover the law of truck claims, 2023 stats of truck accidents in Jackson and a notable case from the past 10 years.

Jackson, Mississippi Truck Injury Law

Truck accidents are complicated by state and federal laws, multiple parties involved and the severity of the injuries. Understanding the law of truck claims is key for victims to get justice and compensation.

Law

Federal

Truck accidents are governed by federal laws enforced by the Federal Motor Carrier Safety Administration (FMCSA), a department of the U.S. Department of Transportation (DOT). These laws set strict safety standards for truck drivers, trucking companies and maintenance contractors to follow to operate commercial trucks safely.

FMCSA regulations include:

• Driver Qualifications: Truck drivers must meet certain requirements, including getting a Commercial Driver’s License (CDL), passing medical exams and regular drug and alcohol testing.
• Hours of Service (HOS): HOS rules limit the number of hours a truck driver can drive a commercial vehicle without taking rest breaks. These rules are to reduce fatigue related accidents.
• Vehicle Maintenance: Trucking companies must ensure their vehicles are regularly inspected, maintained and repaired as needed. Failure to comply with maintenance standards can cause mechanical failures that lead to accidents.
• Electronic Logging Devices (ELDs): FMCSA requires trucks to have ELDs to track driving hours and comply with HOS rules.

If a trucking company or driver violates any of these rules, they can be held liable for the accidents.

Negligence

In truck claims, negligence is the key. To prove negligence, the injured party (plaintiff) must show:

1. Duty of Care: The truck driver or trucking company had a duty of care to other drivers to operate the truck safely and in accordance with the traffic laws and regulations.
2. Breach of Duty: The truck driver, trucking company or other parties breached that duty by violating rules, not maintaining the vehicle or driving recklessly.
3. Causation: The breach of duty caused the truck accident.
4. Damages: The accident caused physical injuries, property damage, lost wages, medical expenses and other compensable losses.

For example, if a truck driver exceeded their allowed hours of service under HOS rules and fell asleep at the wheel and caused an accident, they can be held negligent for violating federal safety standards.

Comparative Fault

Mississippi follows a modified comparative fault rule (Miss. Code Ann. § 11-7-15) which means the injured party (plaintiff) can still recover damages even if they are partially at fault for the accident. But their damages will be reduced by their percentage of fault.

For example, if the injured party is found to be 20% at fault for the accident (e.g. speeding or not signaling), their damages will be reduced by 20%. If the injured party is more than 50% at fault, they can’t recover at all.

How to File a Truck Accident Claim

Filing a claim after a truck accident in Jackson involves several steps: proving negligence, gathering evidence and navigating the legal process to get compensation for the victim’s injuries and damages.

Claim

Victims of truck accidents can file a personal injury claim against the responsible parties. Those parties may be:

• Truck drivers.
• Trucking companies.
• Maintenance contractors.
• Cargo loading companies.
• Manufacturers of defective truck parts.

The claim process involves proving one or more of these parties breached their duty of care which caused the accident. Evidence in a truck claim may include:

• Police reports.
• Maintenance records for the truck involved in the accident.
• Electronic data from the truck’s Electronic Logging Device (ELD).
• Eyewitness statements and surveillance footage.

Statute of Limitations

In Mississippi the statute of limitations for a personal injury claim is three years from the date of the accident (Miss. Code Ann. § 15-1-49). It’s important to file within this time frame to preserve your rights. Filing after this time frame may result in losing your right to bring a claim regardless of the severity of the injuries.

Damages for Truck Accident Victims

Victims of truck accidents can recover economic and non-economic damages depending on the circumstances of the accident and the injuries.

Medical Expenses

Truck accidents can cause severe injuries that require a lot of medical treatment. Victims can recover for:

• Emergency care.
• Surgeries and hospital stays.
• Physical therapy and rehabilitation.
• Long term care for permanent disabilities.
• Prescription medications and assistive devices.

Lost Wages

If the injuries prevent the victim from going back to work they can recover for lost wages. If the injuries result in a permanent disability that affects the victim’s ability to work they can recover for loss of future earning capacity.

Pain and Suffering

Victims can also recover for pain and suffering which is the physical pain, emotional distress and mental anguish caused by the accident. Non-economic damages are harder to calculate but are a big part of the compensation in truck accident claims.

Property Damage

If the victim’s vehicle or personal property was damaged in the accident they can recover for repair or replacement costs.

Punitive Damages

In cases of gross negligence or willful misconduct the court can award punitive damages. These damages are meant to punish the at-fault party and deter future misconduct. For example if a trucking company knows they have unqualified or impaired drivers operating their vehicles punitive damages may be awarded.

Truck Accident Lawyers

Truck accident claims are more complicated than other types of motor vehicle accidents because of multiple parties, federal regulations and big money. For that reason it’s important to hire an experienced truck accident lawyer to navigate the legal complexities and get full compensation.

Experienced Lawyers

A personal injury lawyer experienced in truck accidents will provide several services:

• Conduct an investigation: Lawyers review accident reports, maintenance records and electronic data from the truck’s onboard systems. They may also consult with accident reconstruction experts to determine the cause of the crash.
• Prove liability: Proving liability in truck accidents can be complicated especially when there are multiple parties involved. Lawyers will identify the responsible parties whether it’s the driver, trucking company or maintenance contractor and build a strong case.
• Negotiate with insurance companies: Lawyers handle settlement negotiations with insurance companies to get the victim the maximum compensation possible. Trucking companies and their insurance companies have aggressive legal teams so it’s important for victims to have strong legal representation.
• Litigate in court: If a fair settlement can’t be reached lawyers will take the case to court. They will present evidence, call expert witnesses and advocate for the victim to get a favorable verdict.

Jackson, Mississippi Truck Accident Statistics (2023)

Looking at recent statistics gives us an idea of the frequency and impact of truck accidents in Jackson. These numbers show us why we need to follow safety protocols and maintain vehicle standards to reduce the number of these accidents.

2023 Incidents

In 2023 Jackson had 35 truck accidents. That’s a relatively small number compared to car accidents but truck accidents are much more severe because of the size and weight of commercial trucks. Truck accidents can cause life changing injuries and big property damage.

Causes of Truck Accidents

Driver Fatigue

One of the most common causes of truck accidents is driver fatigue which occurs when truck drivers exceed the allowed hours of service. Under HOS regulations drivers must take rest breaks after a certain number of driving hours. Violating these rules can lead to drowsy driving which increases the risk of accidents by a huge margin.

Distracted Driving

Truck drivers may be distracted by mobile devices, GPS or in-cab distractions. Distracted driving is a big contributor to truck accidents as it reduces the driver’s reaction time and ability to avoid the collision.

Equipment Failure

Mechanical failures such as brake failure, tire blowouts and engine problems can cause catastrophic accidents. These failures are often caused by lack of maintenance or poor inspection procedures. Trucking companies must inspect their vehicles regularly to make sure they meet safety standards and prevent equipment failure.

Improper Loading

Improper loading of cargo can affect the balance and stability of a truck. If a truck is overloaded or the cargo is not properly secured it can cause the truck to roll over or jackknife and lead to severe accidents.

Victims of Truck Accidents

Truck accidents can cause:

• Traumatic brain injuries (TBIs): Caused by the impact of the crash TBIs can have long term effects on cognitive function and quality of life.
• Spinal cord injuries: These can cause partial or complete paralysis and require lifelong medical care and assistive devices.
• Fractures and broken bones: Victims of truck accidents often have broken bones which may require surgery and extensive rehabilitation.
• Fatalities: Due to the size and weight of commercial trucks accidents often result in fatalities leaving families to deal with the emotional and financial losses of a loved one.

The physical, emotional and financial impact of truck accidents is huge and victims often require extensive medical treatment, rehabilitation and psychological support.

Recent Personal Injury Case

Looking at a recent personal injury case gives us an idea of how truck accident claims are handled and settled in Mississippi.

Case: Johnson v. Big Rig Transport Inc.

Summary:

Michael Johnson was involved in an accident with a tractor-trailer operated by Big Rig Transport Inc. The accident happened on a highway in Jackson, Mississippi when the truck driver who had exceeded the allowed hours of service fell asleep at the wheel. The resulting collision caused multiple fractures and severe injuries to Johnson and required extensive medical treatment and long term rehabilitation.

Proceedings:

Johnson filed a personal injury claim against Big Rig Transport Inc. alleging that the company violated FMCSA’s Hours of Service (HOS) regulations and failed to enforce rest breaks for their drivers. The claim also alleged the company was negligent in hiring and training the driver.

Result:

The case settled for $2.5 million which covered Johnson’s medical expenses, lost wages, pain and suffering and future medical needs. The settlement also led to the implementation of stricter HOS compliance within the trucking company to prevent future violations.

Conclusion:

This case shows the importance of following federal safety regulations and the trucking company’s responsibility to comply with HOS regulations. It also shows the importance of having legal representation to get fair compensation for victims and to push for regulatory changes in the trucking industry.

Truck Accident Claims

Truck accident claims are complex and involve multiple parties.

Case Review

Attorneys start by conducting a thorough investigation into the truck accident. This includes:

• Reviewing police reports.
• Maintenance records to see if equipment failure or lack of maintenance was a factor in the accident.
• Electronic data from the truck’s ELD to verify HOS compliance.

Attorneys may also consult with accident reconstruction experts to determine the cause of the crash and liability.

Expert Witness

In some cases attorneys may call on expert witnesses such as medical professionals or accident reconstructionists to testify about the cause of the accident and the extent of the injuries. Expert testimony is often key to proving liability and getting maximum compensation for the victim.

Settlement and Litigation

Settlement

Most truck accident claims are settled with the insurance companies of the responsible parties. Attorneys work to get a fair settlement that covers the victim’s medical expenses, lost wages, pain and suffering and property damage.

Litigation

If a fair settlement can’t be reached attorneys will take the case to court. During litigation attorneys will present evidence, call witnesses and advocate for the victim to get a favorable verdict.

Client Services

Ongoing Information

Throughout the process attorneys will provide ongoing information and guidance to help victims understand their rights, make informed decisions and navigate their case. Attorneys will make sure victims feel supported every step of the way from case review to settlement or trial.

Bottom Line

Truck accidents in Jackson, Mississippi can be serious and complex. Knowing the law, looking at recent statistics and reading recent cases will help.

For truck accident claims call Keller Swan today.