Mississippi is a state known for its numerous highways and interstates, making it a popular route for commercial trucks. Unfortunately, with the increase in truck traffic comes an increase in truck accidents. These types of accidents can result in catastrophic injuries or even death due to the sheer size and weight of these vehicles. According to the National Highway Traffic Safety Administration, large trucks were involved in 9.5 percent of all Mississippi fatal accidents in 2019.
If you have been involved in a truck crash in Mississippi, it is important to understand how fault is determined in these cases. In this blog, we will discuss the key factors that are considered when proving fault in a Mississippi truck collision case.
Contributing Factors in a Truck Accident
Several factors can contribute to a big rig crash in Mississippi. Some of the most common include:
- Fatigued driving
- Distracted driving
- Intoxicated driving
- Speeding or reckless driving
- Poor maintenance of the truck
- Overloaded or improperly loaded cargo
Negligence and Liability
To prove fault in a Mississippi truck crash case, you must establish that the other party was negligent. This means showing that they failed to exercise reasonable care while operating their vehicle, which ultimately resulted in the accident.
You must also establish that the other party’s negligence was the direct cause of your injuries and damages. This can include physical injuries, property damage, and financial losses such as medical expenses and lost wages. This is where a truck accident lawyer can help by gathering that evidence, determining liability and dealing with the insurance company on your behalf.
In truck collision cases, liability is often placed on the truck driver or their employer. Trucking companies are responsible for ensuring their drivers follow all safety regulations and maintain their vehicles properly. If they fail to do so, they can be held liable for any accidents that occur as a result.
Gathering Evidence
Proving fault in an accident case requires strong evidence. An investigation of the accident by your injury lawyer can include:
- Police reports: The report filed at the accident scene can provide important details and witness statements.
- Statements from witnesses: Eyewitness testimony can be crucial in determining fault.
- Driver logs and records: Truck drivers must keep detailed logs of their driving hours, which can help determine if driver fatigue is a factor.
- Maintenance records: If the truck was not properly maintained, the company may be liable for the accident.
- Black box data: Many commercial trucks have electronic control modules (ECMs) that record data such as speed, braking, and other important factors.
Seeking Legal Assistance
Proving fault in a Mississippi truck collision case can be a complex process. It is important to seek legal assistance from an experienced truck accident lawyer who can help gather evidence and build a strong case on your behalf.
A skilled lawyer will also have the resources to conduct a thorough investigation and work with accident reconstruction experts to determine the cause of the accident and establish fault.
Getting Legal Assistance to Handle Your Claim
Proving fault in these cases can be challenging, but with the help of a knowledgeable truck accident lawyer, you can hold the responsible party accountable and receive the compensation you deserve. Don’t hesitate to seek legal assistance and take the necessary steps toward recovering from a Mississippi truck collision. Remember, time is of the essence in these cases, so don’t delay seeking legal help.
The Diaz Law Firm: Your Truck Accident Attorneys
Please get in touch with the Diaz Law Firm by calling locally at (601) 607-3456 or from long-distance at (800) 459-2222 for a free consultation if you need help when you’ve suffered injuries in a big rig accident. You may be entitled to compensation when you are injured in an accident caused by trucking companies or their negligent drivers. Getting help is the best way to avoid high medical bills and other losses and recover the compensation you deserve. We can also be reached online.