Truck drivers work tirelessly on the roads to deliver goods and ensure quick shipping times, but these long hours on the road often present a unique form of strain. Along with the mental strain of fatigue and exhaustion from long hours spent driving, the equipment that truckers operate is also under intense pressure. If vehicles are not properly maintained and serviced, it could lead to mechanical failures on the road that may result in semi-truck accidents.
Understanding how maintenance issues affect semi-truck accidents and liability may help clarify who is liable in an accident. Due to the many conflicting factors in a trucking accident, the liable party may not be immediately clear. A skilled trucking accident lawyer from Lott Law may be able to help compile evidence and work to build a case. For more information, consider scheduling a consultation by calling the office at (228) 215-2787.
Responsibilities for Truck Drivers and Trucking Companies
While many may assume trucks are just like normal vehicles, when it comes to semi-truck accidents many complicating factors separate a trucking accident from a regular vehicle accident. One of these factors concerns the responsibilities of truck drivers and trucking companies. Truck drivers may often have to manage the maintenance of their vehicles when driving long distances, they must battle fatigue for long hours, and by pulling heavy loads, they subject their vehicles to higher levels of strain which leads to greater chances of accidents.
However, the trucking company may also bear some of the responsibility in semi-truck accidents. The company is often expected to conduct thorough background checks and only hire authorized drivers. Additionally, the way a truck is loaded may be outside of the truck driver’s control, and an imbalanced load can in some circumstances lead to semi-truck accidents. Understanding how liability is determined in semi-truck accidents may help an individual understand how to argue their case.
Determining Fault Under Mississippi Law
Most states in the United States subscribe to a form of comparative negligence when determining fault for any kind of accident, with several notable exceptions. However, many of these states show a marked difference between pure comparative negligence and modified comparative negligence.
Mississippi is a pure comparative negligence state, according to Miss. Code Ann. § 11-7-15. Pure comparative negligence deems that contributory negligence should not bar the plaintiff from receiving damages. However, contributory negligence may reduce the amount of damages the plaintiff is eligible to receive.
Damages are therefore calculated by determining the full amount of damages the plaintiff has incurred due to the semi-truck accident, then reducing that amount by the percentage of fault the plaintiff bore. Therefore, if the total amount of damages were determined to be $20,000, and the plaintiff was found to be 40% at fault, the damages awarded would be $12,000.
For more information about liability in semi-truck accidents, consider speaking with an experienced Mississippi trucking accident lawyer from Lott Law today.
How Maintenance Issues Affect Liability in Semi-Truck Accidents
Due to the long hours that are often required of truck drivers and their vehicles, maintaining and ensuring that their vehicles are in proper working order is often paramount. However, accidents and mistakes happen, and sometimes semi-trucks are not well maintained, which can lead to semi-truck accidents if not addressed promptly. Understanding relevant maintenance issues and equipment failures may help clarify who is at fault in a semi-truck accident case.
Common Equipment Failures
While they may be commonplace, trucks are by no means simple pieces of equipment. A multitude of different systems and parts are constantly working together to keep the semi-truck on the road. However, wear and strain can often cause failures in some of these systems. Some of the most common systems to fail due to maintenance issues are damaged or failing brakes, worn-out tires, steering issues, and damaged taillights.
Brakes and tires are both likely candidates for failure because they are constantly under stress due to their design. Tires are constantly in contact with the road and brakes use friction to slow the wheels, which means they must be continually replaced to avoid failure. If these parts are not serviced regularly and replaced, they may lead to maintenance issues. Additionally, taillights and steering systems are vital to the semi-truck’s functioning and may lead to accidents if improperly maintained.
Potential Causes of Maintenance-Related Failures
Generally, the more likely cause of equipment failure leading to semi-truck accidents is poor maintenance. Truck drivers and trucking companies will most likely be expected to regularly inspect equipment for flaws or wear that may lead to semi-truck accidents and to address and replace any points of concern. Additionally, truck drivers may be required to take rest breaks and meet other shift-length requirements as put forth by the Federal Motor Carrier Safety Administration and other relevant state laws.
If vehicles are not regularly inspected and repaired, damage to crucial parts of the vehicle such as wear on the brake pads, worn-out tires, steering issues, and broken taillights may lead to semi-truck accidents. Therefore, the trucking company and the truck drivers are often responsible for the regular servicing of their vehicles.
Maintenance Requirements in Mississippi
Trucking regulations are in place all over the country to help prevent semi-truck accidents and promote safety on the roads. Understanding these expectations and requirements may help clarify who is liable in a semi-truck accident, and they may also be beneficial for truck drivers who are trying to avoid maintenance-related accidents.
The Federal Motor Carrier Safety Administration sets regulations and statutes at the federal level, but the Mississippi Department of Transportation may have additional rules that must be complied with. These laws will generally outline what vehicles are allowed to be in service, weight and cargo limits, where a vehicle is allowed to operate, and what insurance is required. Additionally, there may also be limitations placed on the consecutive hours that a driver is allowed to operate a vehicle without breaks, to prevent fatigue-related semi-truck accidents.
Contact a Mississippi Trucking Accident Attorney Today
Maintenance issues can sometimes be difficult to identify, and failure to properly inspect these vehicles can lead to incidents on the road. Therefore, ensuring that vehicles meet maintenance standards for Mississippi is incredibly important for trucking companies that want to promote safety on the road. Implementing systems of checks and inspections for truck drivers may help mitigate these issues. For more information on specific expectations and requirements for truck drivers, consider speaking with a skilled Mississippi trucking accident attorney from Lott Law. Schedule a consultation today by contacting the office at (228) 215-2787.