With the vast amount of goods being shipped by land across the country, trucking is an essential part of the economy in the United States. Many truckers spend much of their lives on the road, and other drivers are constantly surrounded by semi trucks on highways, freeways, and byroads. But the road is a risky place, and accidents happen often. When large vehicles, long hours, and heavy cargo are involved, it may bring up the question of truck accident liability.
For more information about the legal particulars of a truck accident, consider speaking with a knowledgeable truck accident attorney from Lott Law by calling (228) 215-2787.
Common Causes of Truck Accidents
As with any regular vehicle accident, numerous factors play into trucking accidents. In addition, some of these factors may influence truck accident liability.
Drowsy Driving
Truck drivers spend long hours in their vehicles, especially on interstate trips. When pulling longer shifts, it can be easy for truck drivers to grow drowsy, which may impair their driving ability. Similar to this is distracted driving, which occurs when a driver is impaired by a mobile device or other distraction, but the outcome is generally similar.
Vehicle and Cargo Maintenance
In the event of an accident, trucks introduce a certain nuance to the situation as they are larger vehicles that may be carrying heavy cargo. If this cargo is not loaded according to safety procedures, the imbalance weight may lead to an accident.
Additionally, trucks require heavier maintenance than smaller vehicles. If a semi-truck does not receive proper maintenance, this may cause it to break down on the road. In some circumstances, this may lead to an accident. Blowouts are a common example of this.
Reckless Behavior
The reckless behavior of drivers involved may be a factor in truck accidents. This may include driving under the influence of drugs or alcohol, speeding, or failing to comply with road safety laws. These behaviors may be exhibited by the truck driver, but could also apply to other vehicles in the vicinity of the truck.
Road Conditions
Trucks, carrying heavy loads and involving more complex machinery, may also be subject to road conditions. Rain, snow, storms, or strong winds can all pose a problem for truck drivers. These road conditions are especially dangerous when the truck is carrying cargo, as the added weight can make the truck more unstable.
Who is Liable in a Trucking Accident?
In an accident between two passenger vehicles, determining fault can be a simple process of which driver hit the other. However, truck accident liability can be more difficult to determine, as multiple parties may be at fault.
Mississippi is an at-fault state, meaning the party at fault is responsible for damages. To learn more about who may be liable for a trucking accident, consider speaking with an experienced Mississippi attorney from Lott Law.
Drivers
As with passenger vehicle accidents, there is a possibility that one of the drivers is at fault. This could come in several forms, whether parties involved were driving recklessly, drowsy or distracted, under the influence of drugs or alcohol, or simply not paying proper attention to the road. In these cases, one of the drivers involved is likely liable.
Trucking Company
However, there are also situations in which the trucking company may be held liable for the accident. If the driver is found to be under the influence of drugs or alcohol, is found to be unqualified to be driving a cargo vehicle, or the vehicle was not properly maintained, the trucking company may be partially liable. Since they employ the driver and in some cases own and maintain the vehicle, they may bear some responsibility for the accident.
Cargo Loading Company
Another complicating factor in truck accident liability is the way that the cargo was loaded. If heavy cargo is loaded improperly, it can unbalance the truck and may cause an accident outside of the driver’s control. In cases such as these, the cargo loading company may be held liable for the crash.
Manufacturer
There may also be a chance that the accident was caused by a defect in the truck’s brakes, tires, or other parts. This may place fault for the accident on the manufacturer of the truck or vehicle, provided that the driver and other vehicle inspectors did due diligence to ensure the vehicle’s safety.
Legal Implications of Multiple Parties in Truck Accidents
The involvement and responsibility of multiple parties are often what complicates the matter of truck accident liability. For example, if a truck driver is involved in a crash where their cargo overturned in the truck and unbalanced the vehicle causing them to swerve into another vehicle, one may assume that the truck driver is at fault for colliding with the other vehicle.
However, if the driver was not responsible for the incorrectly loaded cargo, they may not be completely liable. In addition, if the unbalanced cargo caused a mechanical failure in the vehicle, that may also implicate the manufacturer.
Mississippi’s Pure Comparative Negligence
Because of Mississippi’s pure comparative negligence legislature (§ 11-7-15), each party at fault may be responsible for a percentage of the accident corresponding to the percentage of their fault. If it can be proved that there was some reasonable action an involved party could have taken to prevent the accident, they may be partially at fault.
This means that even if one party is mostly at fault, they may not be required to provide the full amount of compensation if it can be proved that another party was partially at fault. Each party and their respective insurance company will compensate to the degree that they were liable for the accident.
Frequently Asked Questions
Listed below are some frequently asked questions regarding truck accident liability.
How Can I Prove Liability in a Truck Accident?
There are several ways to build an effective case for truck accident liability, including taking photos of the scene and damage to the vehicles, acquiring a police report, and gathering witness statements.
How Long Do I Have After an Accident to File a Claim?
According to the Mississippi Statute of Limitations, claimants have three years to file an insurance claim after an accident.
Consider Contacting a Pascagoula Truck Accident Lawyer
In the event of a trucking accident, determining liability can be difficult. When also considering Mississippi’s pure comparative negligence guidelines, knowing who is at fault–even partially–can greatly impact the results of a complex situation. For more information on the details of a truck accident insurance claim, consider speaking with an experienced Mississippi truck accident attorney from Lott Law by calling (228) 215-2787.
