The trucking industry is subject to an extensive regulatory framework due to the inherent dangers posed by sharing Mississippi roadways with massive 18-wheelers that dwarf sedans and other passenger cars. Many of the detailed regulations that govern the trucking industry are designed to implement safety standards that make our roadways safer. When tractor-trailer drivers and the commercial carriers for whom they work disregard these standards, deadly trucking accidents are the all too common consequence. Our Mississippi Trucking Accident Attorneys carefully analyze potential cases to identify violations of trucking regulations or other laws that often serve as a basis for holding trucking companies accountable for unsafe practices.
In the broadest sense, there are two major types of trucking schemes that regulate a commercial carrier and their drivers. Trucks that operate exclusively within the boundaries of Mississippi are governed by “intrastate trucking” regulations, whereas carriers that operate across state lines are subject to “interstate trucking” rules.
Because violations of important trucking safety regulations often constitute the basis for imposing liability on commercial drivers and trucking companies, effective litigation of semi-truck accident cases requires thorough knowledge of trucking regulations. Examples of issues addressed by these safety standards include:
- Vehicle inspections and maintenance;
- Maximum weight and length;
- Medical fitness of drivers;
- Proper loading which includes the amount and securing of loads;
- Testing for impairing substances like alcohol, prescription drugs, and narcotics;
- Anti-Fatigue regulations;
- Recordkeeping regarding maintenance, hiring practices, and HOS; and
- Pre-employment screening and monitoring of drivers.
Although trucking companies and commercial drivers are subject to regulations that require keeping track of certain safety practices, the process of proving negligence is often compounded by failure to abide by these rules. Truck drivers keep personal logbooks that are supposed to document hours of service. These logs are so routinely falsified that those in the trucking industry often joke about the widespread practice of maintaining two sets of books. Our Mississippi trucking lawyers often combat such tactics in some or all of some of these ways:
- Sending a “Spoliation” Letter: This notice will advise the trucking company that the truck and the vehicle’s data recorder (similar to a commercial airplane’s black box) are the subject of litigation. This correspondence will also warn of the consequences associated with repairing the big-rig, or failing to preserve the black box data. We can seek financial sanctions or ask the judge to unfavorably rule on certain issues if the trucking company disregards our warning.
- Filing for an Injunction: Situations might arise where we suspect that the carrier is prepared to destroy evidence and disregard our admonishment regarding spoliation of evidence. Our law firm might file for an injunction in such cases, so altering or destroying such evidence will constitute a violation of the judge’s order.
- Using Discovery Aggressively: Because we know that alterations or omission of important records can be a standard practice of certain commercial carriers. Our Mississippi semi-truck lawyers engage in aggressive discovery to obtain documents and records that can used to expose inconsistencies.
Contact an Experienced Mississippi Truck Accident Attorney Today to Schedule a Free Consultation
At Barrett Law, PLLC, our compassionate Mississippi Truck Accident Attorneys understand tractor-trailer accident victims often feel overwhelmed, and we are here to help. Contact our firm today at (800) 707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your truck accident case.