According to the Insurance Institute for Highway Safety (IIHS), over 4,000 people died in 2018 as a result of accidents involving large trucks. While 16% of these fatalities were occupants in the trucks, the majority, 67%, were occupants in other vehicles. Because trucks are 20 to 30 times larger than the average passenger car, these accidents are often catastrophic for occupants in those vehicles.
If you or someone you love is hurt and suffering because of an accident involving a large truck, you have the right to hold the driver and any other liable parties responsible for your injuries.
The team at the Morris Bart law firm is here to help. A Gulfport truck accident lawyer can work with accident scene reconstruction experts who help determine exactly what happened in the moments leading up to a collision. This can help determine who is liable for the accident. We also work on a contingency fee basis only, which means you do not have any upfront, out-of-pocket costs. We are only paid if we are successful with your case. For a free, no-risk consultation, contact the Morris Bart law firm today at (228) 357-9621.
Facts and Statistics About Truck Accidents
As mentioned above, the majority of fatalities in truck accidents are occupants of passenger vehicles. The trucks are often 20 to 30 times heavier than the cars and sit higher off the ground, which can cause cars to underride the trucks during an accident.
In addition, it takes heavy trucks that are loaded down with goods for transport 20 to 40% more brake time to stop than typical vehicles. Many truck drivers also drive for long periods of time without a break in order to make tight deadlines. These conditions make them particularly susceptible to driver’s fatigue and drowsy driving, which can make it difficult to react quickly if traffic suddenly slows or stops. Though drivers are legally allowed to drive up to 11 hours at a time, many drivers push beyond this limit.
For a free legal consultation with a Truck Accident lawyer serving Gulfport, call 800-537-8185
Establishing Liability in a Gulfport Truck Accident Case
These cases can be complex because it is not always clear who is liable for an accident. In some cases, there may even be multiple liable parties. Some of the parties who could be potentially held liable include:
- The truck driver: If the driver pushed beyond the legal limit, was on prescription medication that induced drowsiness, or engaged in other negligent behavior, they may be responsible for your injuries.
- The trucking company: If the trucking company did not properly maintain the truck or if they did not load it properly and improper weight distribution was a factor in the collision, they may be liable for your injuries.
- The repair company: If the truck was maintained, but the maintenance company did not repair it properly, or the technician who worked on the truck did not have proper qualifications, the service company may be liable.
If you or someone you love is hurt because of the negligence of a truck driver, trucking company, or another party, you have the right to hold the negligent parties responsible for your losses. For a free review of your Gulfport truck accident claim, contact the Morris Bart law firm today at (228) 357-9621.
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Laws That May Impact Your Claim
There are two laws that you should be aware of that could impact your truck accident claim: the statute of limitations and the legal doctrine, comparative negligence.
Statute of Limitations
Mississippi has a limit for the length of time you can pursue compensation after an accident. According to Sec. 15-1-49 of the Mississippi Code, you must pursue legal action within three years of your accident, or you are generally barred from pursuing any type of compensation.
Pure Comparative Negligence
Mississippi is a pure comparative fault state. That means that any compensation you are awarded will be modified according to your degree of liability. If the other party is entirely at fault for your injuries, you will receive 100% of your awarded compensation. If you are found to be 20% at fault, then your damages will be reduced by 20%. Technically, you can even recover compensation if you were 99% responsible for the accident.
A defense lawyer will sometimes use this as a defense tactic. They may claim that you were more responsible for an accident than you really are to reduce their client’s liability after an accident. A Gulfport truck accident lawyer can defend you against underhanded tactics like these and protect your rights. If necessary, they will even work with accident scene reconstruction experts who can use advanced technology to determine what happened and who is liable.
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How a Gulfport Truck Accident Lawyer Can Help
We understand how overwhelming it can be to think about pursuing legal action after a collision, especially if you lost someone you love or are still healing from your injuries. However, the sooner a legal team begins working on your case, the easier it is to gather evidence. A lawyer also understands how laws like comparative negligence and the statute of limitations can impact your claim.
Here are a few examples of ways we can help:
- Gather evidence: We can gather evidence like police reports, eyewitness statements, and surveillance video if it is available. We can also solicit the help of accident scene reconstruction experts if necessary, at no cost to you.
- Calculate the value of your case: We can obtain copies of your medical records, doctor’s statements, bills and receipts, and other documents to determine the full value of your claim, including the cost of your pain and suffering.
- Negotiate on your behalf: We can talk to the defendant’s lawyer or the insurance company on your behalf so you can focus on healing from your injuries. It also ensures that you do not say anything that could potentially be held against you at a later time. We can pursue a settlement to the fullest extent of your injuries.
- Fight for your rights at trial: If we cannot reach a fair settlement, we will not hesitate to fight for your rights at trial.
For a free, no-risk review of your claim or to have our team get to work right away on your case, contact the Morris Bart law firm today at (228) 357-9621. The call is free and there is no obligation.
Questions?Call 800-537-8185
to find a Morris Bart office near you.