When truck accidents happen, people are often badly hurt and need immediate, emergency medical attention. Such medical care can easily end up costing an enormous amount of money, and many truck accident victims may just simply not know how to handle that kind of situation.
Fortunately, we are here to help. We have a large amount of experience handling truck accident cases of all kinds, so we are well-equipped to handle yours. Let us gather evidence and form legal arguments on your behalf so that you can focus on recovering from your injuries and returning to living your life.
To get a free analysis of your case from Howe Law’s truck accident attorneys, call us at (844) 876-4357.
Who or What Causes Biloxi, MS Truck Accidents?
When you file a truck accident lawsuit in Mississippi, you have to file against certain parties like a driver, trucking company, or something else. When you do this, our truck accident lawyers have to make sure that you file your claim against parties that actually caused your accident because those are the only parties from whom you can get damages.
Driver Mistakes
One of the most common, if not the most common, causes of truck accidents is driver negligence. In law, “negligence” is when someone does something unreasonable that causes another person to get hurt. Truckers can make negligent mistakes in many ways. First, they can do so by violating traffic laws. That is to say, speeding, running red lights, ignoring stop signs, and so on. Second, they can do things that are not necessarily against the law but that no reasonable driver would do. For example, if a trucker oversteers, that is not against the law, but it is careless, and that trucker can easily be found negligent if they get in a crash as a result.
Additionally, there are special rules that truckers need to follow. For example, sleep deprivation is a real problem in the trucking industry, so the FMCSA has created rules that dictate how long truckers can be on the road. If a trucker stays behind the wheel longer than is allowed and they subsequently get in a crash, they can be found negligent.
Trucking Company Negligence
In addition to the trucker, you may also be able to sue the trucking company for which they work. There are a couple of different ways that liability could attach to a trucking company.
First, trucking companies can be negligent through something called “respondeat superior.” This makes it so that employers can be liable for the negligent conduct of their employees so long as the employee is doing something related to work. For example, if a trucker hits you while pulling out of a rest stop, their employer can be liable because that is related to the trucker’s job. However, if the trucker hits you on the way to their friend’s house when they should be delivering a package, the employer will likely not be liable because that is not related to the trucker’s job.
Another way that trucking companies can be liable is through negligent hiring. Negligent hiring means that the trucking company is hiring unqualified drivers or failing to properly train the drivers they employ.
Vehicle Defects
Problems with trucks themselves also can cause truck accidents. When a truck has something wrong with it that is dangerous, it is considered defective, and you can sue truck designers and manufacturers for truck defects that cause truck accidents.
You can sue truck designers when the vehicle defect is inherent in its design. This means that, even if the truck is built exactly to specifications, it will still have dangerous problems that can lead to accidents. Examples of truck design defects include suspension systems that are not rated for heavy loads and truck cabs that are designed in a way that they are overly top-heavy.
By contrast, manufacturing defects are problems that arise out of mistakes or deviations from the intended design specs. For example, if a truck’s brakes are improperly installed or the electrical wiring is done incorrectly, the truck could malfunction and cause an accident.
Bad Road Conditions
In some circumstances, truck accidents are the result of poor road conditions like potholes, uncleared debris, or defective guardrails. When truck accidents happen for these reasons, the responsible party is often a state or municipal government entity. Suing government entities can bring with it certain challenges, so you should discuss your case with our attorneys to figure out the best course of action.
Compensation in Biloxi, MS Truck Accident Cases
Courts compensate successful plaintiffs through damages. When you file your claim, you will specify how much you are seeking in damages and the reason why you are seeking that particular amount.
First, you can request damages based on your medical expenses, both right after the accident and for continuing expenses like the cost of physical therapy. You can evidence these damages through things like medical records, photos, and testimony on the stand. Second, you can get damages for less immediately demonstrable things like physical pain, mental distress, and lost enjoyment of life. Finally, in some cases, you may be able to get “punitive damages” if the defendant has acted in a particularly egregious manner.
Each case will be different, so you will need to go over the details with our truck accident lawyers to figure out what damages make sense in your claim. There is no predetermined way to calculate the compensation you get, so your attorneys will figure out the best method for your situation to make sure you get all the compensation you need after a successful finding of liability.
Call Our Biloxi, MS Truck Accident Attorneys and Discuss Your Case Today
Howe Law’s truck accident attorneys can be contacted at (844) 876-4357 to go over your case for free.
