Truck accidents have the potential to cause significant damage and injuries. The sheer size and weight of a large truck could create devastating damage to those caught in the wreckage.
If you or a loved one sustained a serious injury due to a negligent motorist, you might benefit from the advice and counsel of an Ocean Springs Truck Accident Lawyer. Personal injury lawsuits could drag on for long periods of time and involve complicated procedures and concepts that could overwhelm anyone. An experienced personal injury attorney could review your case and help you weigh your options moving forward.
Most truck accidents occur due to negligence. Negligence occurs when someone unintentionally commits a wrongful act, or tort, which causes injury to another person. Plaintiffs seeking to bring a negligence claim for a truck accident injury in Ocean Springs would have to prove the four elements that must be present to hold someone liable.
Drivers owe other motorists, passengers, and pedestrians on the road a duty of care. Drivers must operate their vehicles as a reasonably prudent person would under the circumstances. When someone fails to uphold their duty of care, they are said to be in breach. For example, if someone decided to drive their car at 100 miles per hour during a snowstorm, that would be a breach of their duty to drive with reasonable care.
Along with proving that a defendant was failed their duty of care, the plaintiff’s Ocean Springs Truck Accident Lawyer must also prove that the defendant’s conduct caused their injuries. They have to show that the defendant’s negligence was reasonably related to their injuries and that there was no other intervening cause that was the true cause of their injuries. Additionally, they have to prove the plaintiff would not have suffered injuries if it was not for the defendant’s negligent actions.
Truck accident cases in Ocean Springs could involve issues of vicarious liability. Vicarious liability holds employers liable for their employee’s negligent acts under certain circumstances.
Because truck drivers often operate under a corporation or a government entity, vicarious liability is a common issue in negligence cases. An employer could be held liable if the employee’s negligence was committed during the scope of their employment. It does not matter whether or not the employer themselves were negligent.
Employers could also be held vicariously liable if they negligently hired an employee. For example, if a truck company hired an alcoholic driver who has a record of drinking and driving, and the driver causes an accident, they could be held vicariously liable.
Mississippi Code §11-7-15 states that Mississippi follows the pure comparative fault rule. Under pure comparative fault, plaintiffs may pursue damages if they are partially at fault for causing an accident. Even if the plaintiff is 99 percent at fault for the collision, they are still eligible to recover compensation for their damages. The plaintiff’s compensation award will be reduced by their percentage of liability.
Accidents often occur, and the party responsible for the collision could be held liable in court. It could be challenging to handle the legal aspects of your case on your own.
An Ocean Springs truck accident lawyer could help your case. They could use their experience and insight to help you develop a strategy for success. Let a diligent attorney help you seek the compensation you need to move forward. Call today to get started on your claim.