Mississippi Trucking Accident Attorneys Discuss Dangers of Dump Truck Work

A dump truck driver went missing after the truck he was operating slid down a slope and into a river. The man was picking up slag rocks off of barges when the accident happened. Rescue crews with boats worked through the night trying to locate the driver in the water, and search and rescue teams continued to look for him as the investigation into why and how the dump truck rolled into the river began.

Dump truck operators face dangers on the job every day. When an accident occurs, there is great potential for serious injury or death. Dump truck accidents can happen in ways that are as varied as the work that dump truck operators do. For example, an accident in a landfill resulted in the death of a dump truck driver who was buried underneath several tons of construction materials that were dumped on top of him and on top of his truck by another dump truck operator.

Dump truck operators can be injured or killed in accidents on roadways, in the same manner that drivers and passengers in other types of vehicles can. When dump trucks are present at construction sites, there is always a danger that a dump truck operator who is outside of their truck could be struck by another dump truck as it passes through the site. Loading and unloading create other situations in which a driver may be outside of their truck and at risk for rocks, dirt, rubbish, and other materials to fall on them, which could injure or kill them. Other dump truck accidents occur near waterways, in quarries, or in other areas where the ground underneath where the trucks are working creates a hazard of tipping, falling, or other unexpected movements of the truck, which can hurt and kill the driver.

Accidents involving dump trucks are similar to other types of trucking accidents in that dump trucks are often owned by trucking companies and insured with commercial insurance policies. Accidents involving dump trucks can involve a lengthy and complicated claims process involving multiple parties. A dump truck accident can leave a driver seriously injured and facing lost work time as well as a long recovery.  A dump truck accident could also rob a family of a loved one suddenly and without warning. Both of these situations make it difficult for those with personal injury or wrongful death claims to pursue them.

Barrett Law PLLC:  Helping Mississippi Trucking Accident Victims and Their Families

If you got hurt in a dump truck accident or a family member lost their life in a dump truck accident, you deserve caring and compassionate legal support during this difficult time in your life. Mississippi Trucking Accident Attorneys can help you navigate your trucking accident case and understand the claims process while you focus on healing from your injury or loss. Please call the Mississippi Trucking Accident Attorneys at Barrett Law PLLC at 1 (800) 707-9577 to schedule a free, initial consultation.

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Jackson Mississippi Trucking Accident Attorneys Offer More Advice on Screening a Potential Semi-Truck Crash Injury Law Firm

Because of the complexity and sophistication involved in trucking litigation, the experience, skill, and legal acumen of the Jackson trucking accident attorneys you handle can have a profound impact on your recovery.  This blog post is the second installment providing recommended issues to consider when hiring a semi-truck accident lawyer.

What other evidence will the law firm use to prove the liability of the commercial driver and trucking company?

Our law firm will use all appropriate evidence and tools to establish the negligence of the trucking company and driver.  Our Mississippi tractor-trailer accident attorneys aggressively use discovery to obtain documents and information that include but are not limited to the following:

  • Electronic data recorder information
  • Fuel and tire receipts
  • Lodging receipts
  • Emails between driver and trucking company
  • Employee personnel file
  • Drug testing records
  • Driver logbooks
  • Maintenance records
  • Documents related to safety inspections and violations

We also work closely with industry experts regarding engineering and handling issues, accident reconstruction, and industry practices.  Our lawyers also use documents obtained in discovery, as well as the testimony of company officials and the driver to uncover manipulated records like false logbook entries.

 Has your law firm had success in prior tractor-trailer accident lawsuits?

Law firms that have successfully handled prior trucking accident cases should be able to reference prior significant settlements and judgments.  While no two cases are identical and past results cannot guarantee any specific result in your lawsuit, a firm that has expertise handling trucking cases will be able to talk to you about prior results in prior tractor-trailer accident cases.

How do your trucking accident attorneys handle client customer service?

If you were hiring a contractor to renovate your home, you would not select someone who puts your project on the backburner and neglects to communicate with you about the progress of your home.  Clients should expect no less when hiring a lawyer for your trucking case.  We place a high value on client satisfaction which is why we have a policy of responding to phone calls or emails the same day or the next business day.  Our lawyers also provide updates regarding significant developments in your case, so you are not left in limbo regarding the status of your legal claim.

How will your law firm prove damages suffered in my trucking accident claim?

If a passenger vehicle occupant is injured in a collision involving an 18-wheeler, there is a high probability that occupants of the passenger vehicle will suffer severe injury.  We will use your medical records and billings, payroll records, vehicle repair/replacement estimates, and similar documents to establish your economic losses.  Our attorneys also use testimony from trucking victims and family members to help a judge and jury understand the impact of your injury or disability on your daily life experience.  We also might use medical experts and vocational therapists to help prove the limitations and obstacles you face in working or engaging in activities before your injuries.  Since the types of severe injuries experienced in a tractor-trailer crash can adversely impact many aspects of your life, we rely on these types of evidence, videos, and other evidence to facilitate a verdict or settlement that fully addresses your losses.

Does your law firm have the financial resources necessary to successfully pursue my personal injury claim?

When litigation involves complex issues like those in trucking accident litigation, as well as catastrophic injury or wrongful death, the cost of litigating the case typically will be significant.  The litigation could be a lengthy process even without a trial.  Further, experts might need to be paid for their time testifying in depositions and at trial.  Effective use of specialized testimony from expert witnesses, persuasive professional visual exhibits/videos, and other successful litigation tools can mean the difference between a successful and a sub-par outcome.  Reputable trucking accident law firms will advance the costs of your litigation, so you need to know that the firm you retain has the litigation resources to maximize your chances at a full recovery.

If you have been injured in a semi-truck accident in Mississippi or the surrounding areas, our Jackson trucking accident lawyers have successfully represented many victims of negligent commercial carriers and their drivers.  At Barrett Law, our Mississippi Trucking Accident Attorneys are here to help.  Contact our law firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

 

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What Every Driver Should Know about Semi-Truck “Black Boxes”

If you are involved in a trucking accident, certain types of evidence will be critical to proving negligent conduct by the commercial carrier, trucking company, independent maintenance company, or other parties. The truck’s event data recorder (EDR) often constitutes one of the most critical sources of evidence in trucking accident lawsuits. These data recorders (also referred to as “black boxes”) are much like the black box on a commercial airline, so it can be used to determine events that occur immediately prior to a crash to facilitate analysis of the cause of a crash. Because the evidence obtained from an EDR typically has a significant impact on the outcome of a trucking accident claim, this blog answers common questions about this form of evidence in trucking cases.

What is a “black box”?

These devices record data from a motor vehicle prior to and/or during a collision. Law enforcement and regulatory investigators can download this information from the device’s memory to assist in interpreting the accident, evaluating the performance of safety equipment, and determining fault. Many EDRs record data transmitted by the engine control module regarding pre-crash speed, application of brakes, number of impacts, time between impacts, seat belt and air bag performance, speed immediately prior to impact, and throttle position.

Are EDRs mandatory for large trucks?

Vehicles with a weight rating higher than 8,500 pounds are exempt from regulations promulgated by the National Highway Traffic Safety Administration (NHTSA) regarding EDRs. However, many commercial carriers install both data recorders and video inside a semi-truck because the trucking company can use this equipment to improve fuel efficiency, monitor excessive speeds, identify improper routes, defend against lawsuits, and monitor other misuse of fleet vehicles.

There are even more advanced EDRs capable of recording more detailed information. The NHTSA mandates that these more sophisticated recorders store data on driver steering input, activation of electronic stability control (ESC) systems, occupant size, occupant position, and engagement of antilock brakes.

Even when data recorders are not installed, many heavy trucks are equipped with engine recorders. The information recorded by these devices is not nearly as extensive as that recorded by an EDR, but the information can still be critical to a semi-truck accident claim. This more limited information typically includes engine fault codes, hard braking, and the last time the vehicle engine was switched off or the vehicle stopped.

Can EDR data be used in civil or criminal litigation?

Information obtained from an EDR can be extremely helpful during both civil and criminal proceeding following a tractor-trailer collision. When our Mississippi trucking accident attorneys work with accident reconstruction experts, the data from a “black box” can be critical in confirming theories of liability, exposing misrepresentations about the truck’s location or hours of service, and furnishing evidence of liability not available through other sources. State law will dictate when the data can be introduced as evidence in a civil lawsuit.

Must the trucking company preserve data recorded by a large truck’s EDR?

EDRs typically have the ability to record for 30 days or some other period before the device will begin recording over existing data, but older units might have far less recording capacity. Once the recording capacity has been exhausted, the device will begin recording over stored data.

Further, some states have passed laws designating that the data is the property of the trucking company. This means that the trucking company might have the right to destroy the information in the wake of a collision unless legal steps are taken to prevent the commercial carrier from conveniently erasing the information.

Depending on the state, a restraining order might be necessary to ensure preservation of the data. Another option involves a trucking accident attorney sending a letter to the trucking company indicating that the information stored in the EDR is the subject of litigation, so it must be preserved. This form of correspondence, which is referred to as a “spoliation letter,” can expose the trucking company to sanctions from the court if the information is altered or lost. These sanctions might result in an attorney fee award or sanctions like an instruction to the jury that the lost information should be presumed to be favorable to the plaintiff.

While law firms representing injury victims must act promptly to preserve “black box” data, this issue can be complicated based on the jurisdiction where the case is being litigated. The Federal Rules of Civil Procedure and many states impose requirements for the preservation of electronic data.

How can an EDR be used in a trucking accident lawsuits to prove liability?

There is a multitude of ways that this evidence could be useful, but a few examples are provided below:

  • Contradicting distorted entries regarding hours of service in a driver’s logbook
  • Confirming witness testimony that the truck was speeding
  • Verifying that the truck driver did not apply the brakes prior to rear-ending another vehicle
  • Disputing the claim the tractor-trailer was at another location at the time of the collision
  • Exposing neglected maintenance and related failure of the brakes or other vehicle systems

If you have been injured in a tractor-trailer accident in Jacksonville or the surrounding areas, our Mississippi Trucking Accident Lawyers have successfully represented many victims of negligent commercial drivers and trucking companies in obtaining compensation for their injuries. At Barrett Law, 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 claim.

 

 

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Safety Tips for Avoiding Tractor-Trailer Accidents in Mississippi

The average tractor-trailer can weigh anywhere from 12,000-80,000 pounds. This can be as much as 25 times more than the average passenger automobile. This disparity explains why a collision between the two vehicles will usually result in far more severe injuries to occupants of a passenger car. A disproportionate number of tractor-trailer accidents result in catastrophic injuries that lead to permanent disabilities and fatalities. This makes it imperative that Gulf Coast motorists do everything in their power to avoid an accident with a tractor-trailer. Large truck collisions account for an eighth of all traffic fatalities.

The experienced Mississippi tractor-trailer attorneys at Barrett Law have been representing commercial truck accident victims throughout the Gulf Coast for over 75 years. If you or someone you love has been involved in a serious big-rig crash, our dedicated and compassionate legal team is available to assess your situation and advise you regarding your legal rights and options. We know the best possible outcome is to avoid collisions involving large trucks, so we have provided some suggestions designed to keep you out of harm’s way.

Stay out of the truck’s blind spots

Many trucks have warnings on the trailer in the form of brightly marked signs that say something like “If you can read this, you are driving too close” or “If you can read this, then I cannot see you.” Tractor-trailer drivers cannot see behind their trucks and they have limited visibility to the sides of the trailer. If you cannot see the driver or their mirrors, then there is a good chance the driver of the tractor-trailer cannot see your vehicle. When a semi-truck driver signals to change into your lane, you should back off or move over and let the driver into the lane. Motorist should avoid the risk associated with speeding up and attempting to pass the truck in this situation because the big-rig operator may not see you.

Respect that tractor-trailers are different from cars

A massive 18-wheeler that is fully loaded can be 65 feet long and weigh as much as 80,000 pounds, which means it cannot maneuver like a passenger vehicle. Tractor-trailers take time to turn, to pull over, and to slow down after the brakes are applied. These limitations of commercial trucks make it important for other motorists to keep a safe distance. If you are immediately behind or in front of these massive vehicles, it is imperative not to travel too close. When passing a big-rig, you should be very careful to promptly pass to avoid being in the blind spot along the side of the vehicle for an extended period.

Pull all the way off the road if you must stop

In addition to the risk of being sideswiped by a semi-truck if you are not pulled way off to the shoulder when stopped, you also might be hit and killed. If you have car trouble or are changing a tire, you want to get as far away from the closest lane of traffic as possible. A fatigued commercial driver can get confused and assume he or she is following moving traffic rather than approaching a stopped vehicle. The driver also might not realize how close he or she is to you and pass by too close.

Drive carefully when in bad weather conditions

When it is raining, snowing, foggy, or other factors that reduce visibility, you should be extremely cautious when driving in the vicinity of a tractor-trailer. In these types of conditions, the truck driver might experience difficulty seeing potential road hazards and stopping when an emergency arises. You should give large commercial trucks more room to maneuver.

Do not instigate “road rage” with a tractor-trailer operator

If a tractor-trailer driver engages in rude or unsafe driving practices like tailgating, you should never retaliate. A fatigued tractor-trailer operator may respond with an act of road rage, which can result in a potentially fatal trucking accident.

Mississippi motorists should exercise caution and respect around semi-trucks because it is the best way to stay safe and avoid serious trucking accidents. Our Mississippi Trucking Accident Attorney represents individual injured by unsafe truck drivers and indifferent trucking companies. At Barrett Law, we are here to help. Contact our firm today at 800-707-7577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

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UPS Delivery Trucks Can Be Cause of Serious Mississippi Accidents

Under extreme pressure to meet their deadlines, UPS drivers and other delivery persons sometimes end up in avoidable accidents that cause serious injury or wrongful death.  In a recent two year period, UPS trucks were involved in over 1,399 accidents resulting in over 519 injuries and more than 35 fatalities according to the Federal Motor Carrier Safety Administration (FMCSA).

In UPS accidents, occupants of the other car frequently suffer the most serious injuries because of the weight disparity between the vehicles.  Fairly recently, a UPS semi-truck was traveling down a roadway in a bordering southern state when the driver lost control of the truck.  The truck jack-knifed, then careened into a concrete barrier before hitting an SUV.  The driver of the UPS truck escaped uninjured as the truck burst into flames.  Unfortunately, the driver of the SUV was not so lucky and sustained serious injuries after the truck crashed into the driver’s side of the vehicle. The UPS driver claimed a defect in the UPS truck caused him to lose control.  In another example, a couple pulled over on the side of the highway with their hazard lights on were killed when a UPS delivery truck slammed into them from behind.  Both vehicles burst into flames.  The driver of the UPS truck again was unharmed.

If you are involved in an accident with a delivery truck from UPS, it is important to hire an experienced Mississippi attorney right away who can help develop an effective litigation strategy and conduct an investigation of your accident.  At Barrett Law, we represent those who suffer serious injury or wrongful death in motor vehicle accidents, including UPS truck collisions throughout Mississippi.  We combine state of the art litigation technology, innovative litigation strategies, and persuasive courtroom advocacy as part of our effort to obtain the best results for our clients.

There are many parties to a UPS truck accident who might be liable when you are injured or when there has been a fatality, including but not limited to the following:

  • The owner of the truck (UPS)
  • The driver of the truck
  • The company that made the truck
  • A third-party maintenance company
  • The driver and owner of another vehicle involved in the collision
  • Company that designs or manufacturers a defective component of the vehicle

The frequent pattern of stops and starts in residential neighborhoods increase the risk of a UPS truck colliding with another truck or slamming into a bicyclist or pedestrian.  When UPS drivers are distracted or careless, the driver’s failure to exercise diligence and prudence could result in a tragic crash.

If you are involved in a crash caused by a UPS driver, our experienced large truck accident attorneys zealously represent those who suffer serious injury or wrongful death in all types of trucking collisions.  We are committed to the goal of providing legal representation that is consistent with the highest standards of professionalism.  If you or your loved one is injured in a UPS trucking accident, you are invited to contact the experienced personal injury attorneys at Barrett Law to learn how we can help.  Our Mississippi Trucking Accident Lawyers have been representing accident victims throughout Mississippi for over 75 years.  We offer personalized legal representation and zealous advocacy.  We provide a free initial case evaluation so call us today at (800) 707-9577.  No Recovery No Fee!

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What Victims Should Know about Post-Accident Drug Testing of Truck Drivers

While a drug impaired driver barreling down Interstate 55 at 70 mph is an inherently frightening prospect, the potential danger to other motorists increases significantly when the drugged driver is operating a forty-ton fully loaded big-rig.  The Federal Motor Carrier Safety Administration (FMCSA) imposes regulations that require employers to conduct a drug test of drivers involved in trucking accidents as soon as practicable after a crash on a public roadway engaged in interstate commerce (i.e. operating across state lines) though not under all circumstances.  Experienced trucking accident attorneys recognize the importance these regulations.  Critical evidence of negligence can be preserved for victims of stoned truck drivers and indifferent commercial carriers that cut costs by skirting drug testing procedures and ignoring evidence of drug testing violations.  This blog post provides an overview of key information that vehicle occupants injured in a trucking collision should know about post-crash trucking procedures.

Will all truck drivers automatically be tested pursuant to federal regulations following an accident?

Unfortunately, the requirement that commercial drivers submit to a drug test following a crash is not a universal requirement.  Federal regulations set forth at 49 CFR 382.303 establish the conditions that make testing mandatory.  An employer must compel a post-accident drug test in the following situations:

  • The trucking accident resulted in a fatality.
  • The commercial driver received a citation for a moving violation under state or local law within 32 hours of the crash and either of the following apply: (1) a vehicle was disabled and had to be towed from the scene of the collision; or (2) someone needed to be transported away from the scene for medical attention.

The obvious gaps in this testing policy involve situations where a trucking collision causes injury or disables a vehicle but no citation is issued by law enforcement authorities to the truck driver.  The scenarios above are the only post-accident circumstances that mandate or authorize post-crash testing under FMSCA/DOT authority.  Therefore, our Mississippi trucking accident lawyers also investigate the internal drug testing policies of the commercial carrier, which often go beyond the federal requirements.  Drug use violations detected through these supplemental testing procedures or failure of a trucking company to comply with its own procedures also can provide evidence of negligence.

Can law enforcement drug or alcohol testing serve as a substitute for mandatory post-collision drug testing?

When law enforcement authorities administer DUI chemical testing of breath, blood, or urine under state law, this drug testing can take the place of employer testing under specific circumstances.  Because there can be delays that result in delays in testing by employers, individuals injured in trucking accidents can benefit from calling certain facts to the attention of law enforcement investigators.  Motorists who notice signs of potential intoxication, such as slurred speech, lack of coordination, erratic driving, watery bloodshot eyes, or other evidence of impairment should alert crash investigators.  This information can furnish facts justifying a chemical test that identifies a substance impaired truck driver.  If law enforcement administers a DUI chemical test test, the results must be made available to the attorneys of the parties and the commercial carrier in subsequent trucking litigation.

What procedural requirements ensure that drug testing results will be an accurate reflection of violations of drug or alcohol use rules for commercial drivers?

When testing is necessitated under FMSCA regulations following a collision, the testing must be conducted by a lab authorized by the Department of Health and Human Services.  An injury victim’s attorney has a right to obtain the results if the outcome of the test is positive.  However, the accuracy of FMSCA drug screening is compromised to some extent because only urine testing can be mandated.  Illicit narcotics and prescription drugs can be detected for a much longer period through hair follicle testing, which has prompted legislative proposals to authorize the use of hair follicle testing.

What penalties must be imposed if a truck driver fails a post-crash drug test?

A number of penalties will be imposed on a commercial driver who does not pass a drug test after a collision, which include the following:

  • Evaluation by a substance abuse professional
  • Removal from safety-sensitive functions
  • Minimum of six periodic drug test during the subsequent year following a return to duty
  • Successful passage of a test

Our Mississippi Trucking Accident Attorneys at Barrett Law recognize the hardships that face individuals injured in semi-truck crashes, and we are here to help.  Contact our firm today at 800.707.9577 to schedule your free consultation, so we can evaluate your situation and discuss your right to financial compensation.

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Broker Can Be Liable for Trucking Accidents Caused by Negligent Hiring of Motor Carriers

Commercial truck drivers who have not been properly screened pose a significant danger to the safety of Mississippi motorists.  Tractor-trailers transporting a maximum load dwarf the average economy car by 75,000 pounds or more.  Given the devastating consequences of negligent operation of these large motor vehicles, commercial carriers have a duty to exercise prudence and care when evaluating potential drivers who will be entrusted with the task of navigating our roadways.  The size of these trucks means that collisions tend to result in more severe injuries than a collision between two passenger cars.  However, safe operation of a big-rig also requires special skill because of challenges posed by their size, weight, required braking distance, blind spots, and similar features.  In recent years, the issue of negligent hiring has become a more pervasive basis for liability involving brokers who facilitate arrangements between commercial carriers and shippers.

Generally speaking, a broker in this context involves an entity or individual that accepts a fee to coordinate a shipping arrangement between a motor carrier and a shipper transporting property.  Brokers function as the middleman who facilitates the relationship between the parties to the shipping relationship (i.e., the shipper and commercial carrier/driver).  The drivers typically are signed on as independent contractors, so the broker has no direct involvement in the transportation of the goods.  This scheme often is used by brokers to avoid liability claims for the negligent practices of truck drivers who are involved in accidents.

While this approach has been used in the past to circumvent liability, brokers can be held responsible for negligence in hiring a carrier.  Brokers have a legal duty to exercise reasonable care when retaining a carrier, which involves examining the trucking company’s claim history, safety records, and insurance status.  Despite this duty, many brokers place the maximization of profits above ensuring that the trucks transporting goods on our roads are driven by competent drivers and properly maintained fleets.  The selection of a driver often is based on which carrier provides the lowest bid with much less attention paid to records regarding the performance and safety of the carrier.  This focus on cost is important because carriers with drivers that are the least experienced and that have the worst records in terms of accidents and safety violations tend to be the least expensive.  Further, carriers who have poor maintenance records also tend to submit lower bids because of the competitive advantage that comes from spending less on compliance cost and fleet maintenance.

When individuals are injured in a jackknife crash, rollover, runaway trailer, carriage underride, or other trucking accident, the broker will not usually be determined to be directly negligent since someone else was operating the tractor-trailer.  However, the broker can still be liable for negligence by the commercial carrier and its driver for exercising a lack of care in hiring the carrier to undertake the job.  At a minimum, the broker must review the carrier’s safety statistics, evaluations and internal records regarding the trucking company’s safety performance.

The use of independent contractor arrangements are just one strategy used by the trucking industry to mitigate liability for catastrophic injuries and wrongful deaths caused by commercial drivers and carriers.  An experienced trucking accident lawyer can help you navigate your way through these tactics.  At Barrett Law, our Mississippi Trucking Accident Attorneys understand car 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 your right to financial compensation.

 

 

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One Killed in Mississippi Accident Involving Three 18 Wheelers

Recently, a truck driver died following an accident involving three 18 wheelers on Interstate 10 near Diamondhead. Local authorities report that the driver became trapped inside his truck when it caught fire.  The 44 year old victim was from Georgia. The Mississippi Highway Patrol reports that two of the trucks were rear-ended, creating a domino effect.  The first truck collided into the rear of a semi truck, causing the trucks to become entangled and a fire to erupt.  One of the semi trucks then rammed into a tanker.  The tanker was transporting a corrosive chemical, but fortunately none of the chemical leaked out of the truck.  An accident reconstructionist is still working to uncover the cause of the accident.

Chain Reaction Truck Accidents

Any tractor trailer accident has the potential to cause serious injury or death. When multiple tractor trailers or multiple vehicles are involved in an accident, often many people will be injured or killed.  Chain reaction crashes are defined as any accident involving several vehicles with one or more vehicles starting a series of events that led to the accidents.

There are several types of chain reaction crashes. An example of a simple form of a chain reaction accident would be several vehicles stopped at a light and one slams into the vehicle in front of it, sending that car or truck into the following car.  In this instance, the vehicle that stated the chain reaction would likely be the vehicle liable for the damages inflicted.

Another common chain reaction accident is as follows: Vehicle A rear ends Vehicle B, and Vehicle C hits Vehicle A because it was following too closely.  In this scenario, it is likely the driver of Vehicle A who would be liable to the driver of Vehicle B for any injuries and damages inflicted, but the driver of Vehicle C may be liable to the driver of Vehicle B as well.

As you can see, chain reaction accidents can be quite complex and there are often several potentially liable parties. When one or more commercial trucks are involved, the accident becomes even more complicated with the involvement of multiple trucking companies.  Some of the most common trigger events of chain reaction crashes include:

  • Rear end accidents
  • Jackknifing trucks
  • Accidents resulting from speeding
  • Sudden stops
  • Bad weather accidents
  • Drunk driving accidents
  • Distracted driving accidents
  • Failure to stay in a lane

If you have been injured in a chain reaction crash that involved one or more trucks, contact a licensed truck accident attorney as soon as possible. Your attorney will review the accident and uncover all possible parties that may have been liable for your injuries or damages inflicted in the accident.  These complicated cases will require thorough investigation and an experienced attorney who will fight for you to receive compensation for your medical expenses, lost wages, pain and suffering, and more.

Barrett Law, PLLC: Seeking Justice for Truck Accident Victims

If you have been injured or lost a loved one in a truck accident, contact the Mississippi Truck Accident Attorneys at Barrett Law, PLLC. Our preeminent Mississippi law firm has assisted injured truck accident victims and their families for over 75 years.  We fight for our injured clients to receive the coverage they deserve for their medical expenses, lost wages, pain and suffering, and much more.  Do not delay in seeking legal assistance as you have a limited time within which to file a claim after your injury.  Call Barrett Law, PLLC today at 1 (800) 707-9577 to schedule your free initial consultation.

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Our Mississippi Truck Accident Attorneys Discuss the Complex Matrix of Trucking Regulations

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.

 

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Mississippi Truck Accident Attorneys Discuss Jackknife and Rollover Crashes

Tractor trailer drivers work hard every day to transport essential goods across the country.  Though truck drivers serve an important role in society, whenever a large truck enters the roadway, there is a risk of serious accidents.  Tractor trailers are massive vehicles, often weighing 80,000 pounds when fully loaded.  Huge tractor trailers can inflict devastating damage and injuries to the occupants of passenger motor vehicles in the event of an accident.  There are several common types of truck accidents, two of which include jackknifing and rollover accidents.  These crashes are discussed below, as follows:

Large Trucks are Prone to Rollover

Tractor trailers stretch some 13 to 14 feet into the air.  These tall vehicles are extremely prone to rollovers.  Rollover accidents can occur from a variety of circumstances, including being hit from the side or running off the road.  Rollover accidents can also occur due to a variety of truck driver behaviors, such as driving fatigue, speeding, driving while impaired by alcohol abd/or drugs, and more.  These negligent behaviors can lead to loss of control, side collisions, and running off the road, which can all cause the truck to flip.  A rollover truck accident will send a massive vehicle spiraling to the ground, holding the potential to injure not just the truck driver, but drivers and passengers travelling in surrounding vehicles.

Braking Issues Can Cause Trucks to Jackknife

Tractor trailers are generally equipped with three different braking mechanisms, required to control a vehicle so large.  If one of these brakes locks up, the truck could jackknife.  Jackknifing occurs when the trailer swings out from the truck at an angle.  A jackknifing truck can create a major road hazard as it travels across the roadway, often leaving other drivers without sufficient time to stop to avoid a collision.  Inexperienced or poorly trained truck drivers can make a jackknife situation worse by failing to promptly regain control of the truck when it begins to jackknife.

Fighting for the Compensation You Deserve Following a Truck Accident

Jackknife and rollover accidents most frequently result from negligence on the part of the truck driver, trucking company, or manufacturer of a component within the truck.  If you have been injured in a jackknife or rollover truck accident or involved in a chain reaction crash that included a tractor trailer, you may be entitled to compensation.  Truck accident lawsuits will often involve multiple defendants and can become quite complex.  Your experienced truck accident attorney will investigate the crash to uncover the parties responsible and gather evidence in support of your claim.

Injured truck accident victims may be entitled to receive compensation for their medical expenses, lost wages, pain and suffering, and more.  Truck accidents often result in serious injuries that could have long term implications on your life and career.  Retain the assistance of an attorney as soon as possible after your crash to protect your legal rights.

Barrett Law PLLC:  Mississippi Truck Accident Attorneys With Decades of Experience and a Proven Track Record of Success

If you have been injured in a truck accident, contact the Mississippi Truck Accident Attorneys at Barrett Law PLLC.  We understand the serious nature of any truck accident and the long term impact an accident can have on your life and livelihood.  Our prominent Mississippi law firm has assisted injured truck accident victims for over 75 years.  Allow our zealous attorney team to fight for your full recovery following any truck accident.  Do not delay in seeking legal assistance as you have a limited time within which to file a claim after your injury.  Call us today at 1 (800) 707-9577 to schedule your free initial consultation.

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