Injured in a Commercial Vehicle Accident? Know Your Rights in Mississippi

Commercial vehicle accidents can have devastating consequences for victims. The size and weight of these vehicles often lead to more severe injuries and substantial property damage compared to typical car accidents. If you have been injured in a commercial vehicle accident in Mississippi, it is crucial to understand your rights and the steps you need to take to protect yourself legally and financially.

Brad Morris
Attorney

Commercial vehicles, such as delivery trucks, tractor-trailers, and buses, are vital components of our economy, transporting goods and people across the state. However, their large size and constant presence on the roads also increase the risk of accidents. When an accident occurs, it is essential to know that the laws governing commercial vehicle accidents can be more complex than those involving standard passenger vehicles. Several parties, including the driver, the trucking company, and even manufacturers, may be held liable for your injuries and damages. This complexity requires a thorough understanding of the legal landscape to ensure you receive the compensation you deserve.

What You Should Do Following a Commercial Vehicle Accident 

One of the first steps you should take after a commercial vehicle accident is to seek medical attention immediately, even if you believe your injuries are minor. Some injuries may not be apparent right away and could worsen over time. Additionally, having medical documentation of your injuries is critical when filing a claim for compensation. It is also important to report the accident to law enforcement, as an official police report will serve as valuable evidence in your case.

After addressing your immediate medical needs and reporting the accident, it is crucial to gather as much information as possible from the accident scene. This includes taking photographs of the vehicles involved, the surrounding area, and any visible injuries you have sustained. Collect contact information from witnesses and ensure you have the commercial vehicle’s license plate number, the driver’s name, and the name of the company they work for. All this information will be vital in building a strong case.

Determining Fault

Mississippi follows a fault-based system for vehicle accidents, meaning that the party responsible for the accident is liable for the damages. Determining fault in a commercial vehicle accident can be challenging due to the various factors involved, such as driver error, vehicle maintenance issues, or even defective parts. It is essential to work with an experienced personal injury attorney who can thoroughly investigate the accident and identify all liable parties. This investigation may include reviewing the driver’s logs, the vehicle’s maintenance records, and any relevant surveillance footage.

Proving Negligence

One of the key aspects of a commercial vehicle accident case is proving negligence. To hold the responsible parties accountable, you must demonstrate that they breached their duty of care and that this breach directly caused your injuries. For example, if the driver was fatigued, speeding, or under the influence of drugs or alcohol, this would constitute a breach of their duty of care. Similarly, if the trucking company failed to maintain the vehicle properly or enforce safety regulations, they could also be held liable.

Time is of the Essence

In Mississippi, you have a limited time to file a personal injury claim due to the statute of limitations. For commercial vehicle accidents, the statute of limitations is generally three years from the date of the accident. However, it is advisable to act quickly, as building a strong case takes time, and critical evidence may be lost or become harder to obtain as time passes.

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Compensation for Commercial Vehicle Accidents

Compensation in commercial vehicle accident cases can cover a wide range of damages. These may include medical expenses, lost wages, property damage, pain and suffering, and in some cases, punitive damages. Medical expenses can encompass immediate costs such as emergency room visits, surgeries, and hospital stays, as well as ongoing costs like rehabilitation, physical therapy, and any necessary medical equipment. Lost wages can include the income you have already lost due to your injuries and any future earnings you may be unable to make if your injuries result in long-term disability.

Pain and suffering refer to the physical pain and emotional distress caused by the accident and your injuries. This type of compensation is more subjective and can vary significantly depending on the severity of your injuries and their impact on your life. In cases where the responsible party’s actions were particularly egregious or reckless, punitive damages may also be awarded. These are intended to punish the wrongdoer and deter similar behavior in the future.

The Role of Insurance Companies and Settlements

Insurance companies representing commercial vehicle operators often have significant resources and legal teams dedicated to minimizing their payouts. They may try to offer you a quick settlement that is far less than what you are entitled to. It is important not to accept any settlement offer without first consulting with an experienced personal injury attorney. Your attorney can negotiate with the insurance company on your behalf, ensuring that you receive a fair settlement that fully compensates you for your losses.

If a fair settlement cannot be reached, your attorney may advise you to take your case to court. While many personal injury cases are settled out of court, having an attorney who is prepared to litigate your case can make a significant difference. A trial can be a lengthy and complex process, but it may be necessary to secure the compensation you deserve.

Choosing the Right Attorney

Choosing the right attorney to represent you is a critical step in protecting your rights after a commercial vehicle accident. Look for an attorney with a proven track record of success in handling similar cases and one who is dedicated to providing personalized attention to your situation. Your attorney should be willing to listen to your concerns, answer your questions, and keep you informed throughout the legal process.

Contact Us Today

At Brad Morris Law Firm, PLLC, we understand the challenges and complexities that come with commercial vehicle accident cases. Our experienced team is committed to fighting for the rights of accident victims in Mississippi. We will conduct a thorough investigation of your case, identify all liable parties, and work tirelessly to secure the compensation you deserve. We know the tactics insurance companies use to try to reduce their payouts, and we will not back down until you receive a fair settlement or verdict.

If you or a loved one has been injured in a commercial vehicle accident, do not wait to seek legal help. Contact Brad Morris Law Firm, PLLC today to schedule a free consultation. We will review the details of your case, explain your legal options, and help you take the necessary steps to protect your rights and secure the compensation you need to move forward. Let us handle the legal complexities while you focus on your recovery.