Car accidents involving large commercial trucks often lead to catastrophic consequences. If you were injured or your loved one was killed in a truck accident, you should know that you may be able to bring a civil claim against the liable party.
You may be entitled to compensation for medical bills, lost wages from missed work, loss of a deceased loved one’s financial support, and your other damages. To learn about how an Ocean Springs truck accident lawyer may be able to help, reach out to the Morris Bart law firm. Call us at (228) 357-9621 today for your free case review.
You May Be Able to Receive Restitution for Your Damages
A personal injury claim may allow you to recover financial compensation for the damages incurred by your accident. You may recover compensation for:
- Your past and future medical expenses
- Your lost income
- Harm to your future earning capacity
- Pain and suffering
- Mental anguish
- Property damage
Damages You Can Claim in a Wrongful Death Action
If your loved one was killed in an accident, you might be able to file a wrongful death claim against the liable party. While wrongful death action cannot bring back your deceased loved one, it may provide certain benefits.
First, a wrongful death claim may help you hold a negligent party accountable for your terrible loss. Secondly, a wrongful death claim may allow you to recover compensation for the financial losses resulting from your loved one’s death.
Through a Mississippi wrongful death claim, you may be compensated for:
- The loss of your loved one’s wages
- Medical bills related to your loved one’s accident
- Funeral and burial costs
- Property damage
- The loss of the deceased person’s companionship and care
- Pain and suffering
An Ocean Springs truck accident lawyer from the Morris Bart law firm may be able to help you pursue financial compensation for your damages. Call our office today at (228) 357-9621 for your free consultation.
For a free legal consultation with a Truck Accident lawyer serving Ocean Springs, call 800-537-8185
Important Time Constraints for Truck Accident Claims
Personal injury claims and wrongful death claims in Mississippi are typically subject to a three-year statute of limitations under Mississippi Code §15-1-49. However, in some cases, the statute of limitations is shorter. If you do not file your claim before the statute of limitations expires, the court may reject your case entirely.
Liability for Truck Accidents in Mississippi
The word “liability” refers to legal responsibility. The liable party for your damages may be an individual or an entity, such as a commercial business. More than one party may share liability for the accident.
Truck Driver Liability
Driving a commercial truck is a challenging occupation. Truck drivers must work long hours and deal with chaotic sleeping schedules. However, they are still expected to follow the law and drive safely. A truck driver may be liable for your accident if they were:
- Texting and driving or otherwise using a portable electronic device
- Under the influence of alcohol or drugs
- Too tired to drive safely
- Ignoring traffic safety laws
- Driving in an otherwise unsafe or negligent manner
The Trucking Company or Truck Owner
It is also possible that the trucking company or the truck owner is liable for your accident. Truck drivers must follow strict laws regarding driving time and rest periods. The Federal Motor Carrier Safety Administration (FMCSA) “Hours-of-Service” rules limit the number of hours a commercial truck driver may drive.
For example, a property-carrying truck driver may drive a maximum of 11 hours after taking a 10-hour break. If the trucking company encouraged drivers to violate FMCSA laws regarding drive periods and rest breaks, the trucking company might be liable for damages caused in a fatigued driver truck accident.
The trucking company or truck owner may also be liable for an accident if they failed to properly maintain and inspect the truck or allowed a truck with known safety hazards to be driven.
Loose or Fallen Truck Freight
Large trucks are responsible for carrying the vast majority of building materials, consumer goods, and other cargo across the country. If a truck’s cargo is not loaded correctly, it can move around in the trailer. This weight shift can make the truck harder to control and may increase the chances of an accident.
It is also possible for improperly loaded truck cargo to fall out of the truck and onto the road below. This instance creates a deadly hazard for other motorists. If your accident occurred because of improperly loaded or secured cargo, the party responsible for these tasks might be liable for your damages.
Defective Truck Parts
Your accident may have occurred due to a truck’s defective tires, brakes, hydraulic system, or other defective parts. Defective securement devices may also be to blame for your accident. If so, the company that designed or manufactured the defective component may be liable for your damages.
How Shared Liability Laws Apply to Your Case
You may wonder if you are still entitled to compensation if you were driving above the speed limit or otherwise acted negligently at the time of the accident. Fortunately, Mississippi personal injury cases are subject to a legal doctrine called “pure comparative negligence.”
An injured person may still recover financial compensation for their injuries even if their own negligence contributed to the accident. In instances of shared fault for a truck accident, the damages an injured person may receive are reduced by their percentage of fault.
Why You May Want to Hire a Lawyer to Help You Pursue Compensation
At the Morris Bart law firm, we understand that a serious truck accident can cause a great deal of turmoil and grief. When you become our client, we commit to protecting your rights and helping you throughout your case. Our team can:
- Help you understand your legal rights and options following a truck accident
- Identify who is liable for your accident
- Gather photos, video footage, vehicle data, maintenance records, employment records, eyewitness testimony, and other evidence needed to build your case
- Consult with engineers, trucking experts, accident reconstructionists, and other professionals
- Calculate the damages incurred by your accident
- Negotiate with the defendant’s legal team regarding settlements
- File a personal injury lawsuit on your behalf
- Represent you during the trial, if necessary
Contact Morris Bart, LTD Today
If you or your loved one suffered harm in a truck accident, consider hiring an Ocean Springs truck accident lawyer from the Morris Bart law firm. Call us at (228) 357-9621 today and receive your free case evaluation.
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