Mississippi Trucking Accident Attorneys Talk About Rental Truck Accidents

When people need to move large amounts of stuff from one place to another, they may choose to rent a truck to get the job done. With a truck like those that you can rent from U-Haul, Ryder, and other truck rental businesses, you can do tasks like moving the contents of a home or an apartment to another home or apartment, hauling building materials for a big home improvement project home from the store, and much more, without hiring a moving company or a driver. Rental trucks range in size from fairly small to surprisingly large, considering that non-commercial drivers are allowed to operate them. Unfortunately, some of the people who rent trucks are completely unfamiliar with how to safely drive vehicles that are larger than the car that they drive every day.

As you might imagine, inexperienced, careless, or unskilled drivers in rental trucks can cause some serious accidents. One fatal rental truck accident in Pennsylvania was caused by a driver who was very tired because of a prescription medication that they were taking. The driver of the rental truck rear-ended a vehicle that was stopped at a red light, pushing the car over two hundred and fifty feet and killing the driver of the vehicle.

In addition to the dangers posed by rental trucks, rental companies often rent trailers to people who don’t need a big truck. This may appear to be a safer alternative to renting a box truck to an inexperienced driver, but drivers who are not experienced with towing things behind their vehicles may not be able to do so safely. Rental trailers, like any other trailers, can detach from the towing vehicle if they are not connected correctly. Many people who rent trailers do not have previous experience with towing trailers, and they may not connect them to the towing vehicle properly. Also, vehicles handle differently when there is a trailer behind them, and the trailer itself can cause an accident if it sways back and forth with too much force.

Whether a driver rents a truck or a trailer, it can handle poorly if it is overloaded. Unfortunately, there is often a temptation to overload rental trucks and trailers so as to complete a task during an allotted time or reduce the amount of miles that the vehicle travels so that the cost is kept to a minimum.

Barrett Law PLLC:  Serving Those Who Have Been Injured in Mississippi Rental Truck Accidents

If you have suffered an injury or a loss due to an accident involving a rental truck or a rented trailer, the Mississippi Automobile Accident Attorneys at Barrett Law PLLC would like to speak with you. You deserve prompt and adequate compensation for the injuries, damages, and losses that you have experienced. Accident claim involving rental trucks can be complicated, because there are likely to be multiple parties involved. We can cut through the confusion and delay to get the results you need. Please call us today, at 1 (800) 707-9577 to schedule an initial consultation.

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Mississippi Truck Accident Attorneys Explore Discovery of the Truck Driver

The discovery process will prove critical to the ultimate success of any truck accident case.  Discovery is multi-faceted, and will involve an investigation as to the truck driver, the truck, and much more.  Your attorney should be well versed in the realm of truck accident discovery and able to guide you through this important but time consuming process.

The following is a look at the steps to a comprehensive discovery on the truck driver:

Analyze the truck driver’s employment records.

It will be critical to obtain the truck driver’s employment records so as to uncover his or her work history.  Delve into the reasons the truck driver left each prior job, as negligent conduct is a frequent motivator for departure from a company.

Examine the truck driver’s training.

Focus on the training that the driver received at his or her current job.  Also, focus on the driver’s training as it relates to the cause of the current Mississippi truck accident.  For instance, if the accident was caused by an improper turn, question the trucker and trucking company on the driver’s training as to turning.

Establish the driver’s level of knowledge of the law.

All truck drivers should understand the Federal Motor Carrier Safety Administration’s rules that govern the trucking industry.

Dig into the driver’s medical history and current medications.

Many truck drivers will get behind the wheel despite being on medications that impact their alertness and perception.  Other drivers will have disabilities that make driving dangerous.  Find out the driver’s current and past medical condition to determine whether it played a role in the accident.

Request copies of the incident report and photographs from the scene.

Ask the police department in charge of the investigation to provide you with a copy of the incident report and any photographs taken.  In addition, many truck drivers will keep cameras in their truck to take pictures in the event of an accident.  If such photographs were taken, be sure to request copies.  The trucking company may also have generated an incident report to be used internally.  Request copies of this as well.

Investigate the trucker’s personal information.

It can be useful to look into the truck driver’s personal information.  Minor details such as the driver’s nickname could be useful.  For instance, a nickname like Speed Demon could go a long way in proving negligence in your speed related truck accident case.

Obtain the truck driver log book.

The log book will contain substantial information about each trip a trucker makes and the total hours driven each day.  It will also include information about the period right before the accident, including the driver’s starting time, the name of additional drivers, remarks, and more.  Log books can prove important in showing a driver exceeded the number of allowable hours or had to have been speeding in order to reach the accident site at the time the crash occurred.

Barrett Law PLLC:  Exceptional Representation for Injured Truck Accident Victims

Truck accidents often result in severe injuries such as paralysis, brain injury, back injury, broken bones, spinal cord damage, and much more.  Hundreds of thousands of these accidents will also result in death.  If you or a loved one is hurt or killed in a truck accident, the Mississippi Truck Accident Attorneys at Barrett Law PLLC can help.  Our attorneys understand the intense discovery process necessary to build a successful case.  We offer skilled representation to truck accident victims seeking a full recovery for your medical expenses, lost wages, pain and suffering, and more.  Call the experienced truck accident attorneys at Barrett Law PLLC today at 1 (800) 707-9577 to schedule your free consultation.

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Mississippi Truck Accident Attorneys Discuss Black Boxes in Trucks

Obtaining black box data can be essential in proving your truck accident case.  In recent years, black boxes have become the standard in the industry as more safety regulators push the use of these important devices in an effort to improve safety in the commercial trucking industry.  These electronic monitoring systems are also referred to as electronic data recorders or electronic log systems and are implemented in commercial trucks throughout the nation.

It is crucial that truck accident attorneys download the truck’s black box data as soon as possible following any serious truck accident.  The black box data can help to prove your case.  Below is an overview of the importance of black boxes:

Black Boxes and Truck GPS

Black boxes are usually equipped with global positioning systems and will provide the main source of information as to a truck’s route and journey, depicting exactly where the truck was before the crash.

Black boxes track significant information about a truck, including vehicle maintenance issues like tire pressure and truck driver performance, such as speed control, sudden braking, following distance, and exceeding the maximum number of allowable hours.

Black boxes will also contain email exchanges between the trucking company and the truck drive.  Sometimes, these exchanges will lead to monumental discoveries as to driver fatigue, mechanical problems, exceeding hours, and more.

While the data that can be obtained will vary depending on the model of the black box, in some instances records of hard braking, engine RPMS, and use of the clutch will all be recorded.

Obtaining Black Box Data

In any truck accident case involving a serious injury or death, the truck accident attorney should send a preservation of evidence letter, commonly also referred to as a spoliation letter, via certified mail to the motor carrier, notifying the company that the black box data will be required for litigation and must not be moved or repaired.  This letter should be sent as soon as possible so as to prevent the destruction of potential evidence.

It is also important that the truck accident attorney retains a truck expert who will be present when the black box is downloaded.  At the least, there should be an agreement as to how, where, and by whom the information will be downloaded.  This is vital to prevent any errors in the downloading process that could result in loss of information.

Many new trucks will have extra devices designed specifically to monitor driver fatigue, monitor proximity to the vehicles ahead, blind spot detection, and rollover prevention.  To determine what information you need to request, ask for the truck’s build sheet which will identify all the equipment installed on the truck when it was delivered from the manufacturer.  If you are having difficulties obtaining the black box data, your attorney should file suit immediately so that the court can help in preserving the evidence.

Barrett Law PLLC:  Aggressive Representation for the Victims of Truck Accidents Across the State   

Truck accidents are among the most serious accidents to occur on Mississippi roadways.  These accidents can result in severe injuries such as paralysis, brain injury, back injury, broken bones, spinal cord damage, and much more.  Many individuals will additionally lose a loved one due to a truck accident each year.  If you or a loved one is hurt or killed in a truck accident, the Mississippi Truck Accident Attorneys at Barrett Law PLLC can help.  We offer dedicated representation to truck accident victims seeking a full recovery for your medical expenses, lost wages, pain and suffering, and more.  Call the experienced truck accident attorneys at Barrett Law PLLC today at 1 (800) 707-9577 to schedule your free consultation.

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Mississippi Workers’ Compensation Attorneys Offering Assistance to Injured Truckers

Many personal injury attorneys focus on representing motorists injured in accidents involving large commercial trucks.  While truck accidents do cause hundreds of thousands of injuries to drivers and passengers in the motor vehicles involved, truckers are also commonly injured in such crashes.  Recently, a man was killed in Jones County when his 18 wheeler truck crashed into a passenger vehicle.  The 42 year old truck driver died at the scene as a result of his injuries.

Emergency medical responders were called to the intersection of Spur Line Road and Mississippi 29 South.  According to investigators, the accident occurred when an individual driving a sedan pulled out onto Mississippi 29 from Spur Line Road.  The vehicle pulled directly in front of the 18 wheeler, which was traveling lawfully on Mississippi 29.  The truck driver attempted to swerve to avoid colliding with the vehicle but clipped the front passenger side of the car. When the vehicles collided, the car was knocked down an embankment on the side of the highway and the 18 wheeler plowed down the embankment into a ravine.  The now deceased trucker was trapped inside his truck.  The driver of the car sustained only minor injuries and is expected to make a full recovery.

When truckers and injured or killed in an accident while on the job, workers’ compensation will generally be their only avenue of relief.  Injured workers can seek reimbursement for their medical expenses and part of their lost wages through workers’ compensation.  The relatives of those killed while on the job can seek death benefits, which will usually include partial wage compensation, funeral, and burial costs.

The following is a list of steps injured truckers should take following any accident:

  • Report:  Report the accident to the police and your employer.  Record the injury in your logbook as soon as possible.  Obtain a copy of the police report and tell your employer in detail, in writing, precisely how the accident happened.  If your employer requires a certain form be used, be sure to turn in the form.
  • Write:  Write down your description of the accident as soon as possible after it happens, while it is still fresh in your memory.  Include any witness names, addresses, and phone numbers.  Take pictures of the scene of the accident and the damage to you, as well as your truck.
  • Seek Medical Attention:  Even if you are unsure of the extent of your injuries, seek medical attention right away after the accident.  Inform your doctor as to what occurred and provide a full description of any pain or problems which you are experiencing.
  • Don’t Sign:  Do not sign any document or offer any recorded statements unless you have consulted with an attorney who approves of you doing so and is present at the time.
  • Call a n Attorney:  As soon as you can after the accident, retain the assistance of an experienced workers’ compensation attorney who understands the unique issues involved in trucker workers’ compensation claims.

Barrett Law PLLC:  Mississippi Workers’ Compensation Attorneys Offering Assistance to Injured Truckers  

Truckers are involved in accidents every day across the nation.  While many accident attorneys focus on injured drivers and passengers of motor vehicles, the Mississippi Workers’ Compensation Attorneys at Barrett Law PLLC have considerable experience representing truckers who are injured in accidents while on the job.  We understand the complexities often involved in receiving full benefits following your truck accident.  Our attorneys have the knowledge and skill to fight for your full recovery.  Call the renowned workers’ compensation attorneys at Barrett Law PLLC today at 1 (800) 707-9577 to schedule your free consultation.

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Mississippi Truck Accident Attorneys Answer: What is the Value of 18-Wheeler or Semi-Truck Accident?

One of the first things many new clients want to know when they enter our office is the value of their case.  There are a number of factors that impact the value of a case, which in turn affects the final amount you will end up receiving to compensate you for the injuries and damages stemming from your truck accident.  Overall, it is important to realize that it can be difficult to assign a value to a case.  Each case’s settlement value is determined as a prediction of what the jury would decide the case is worth.  However, different juries often arrive at different verdicts, even when the circumstances are the same.

The following is a look at several factors that will determine the value of your 18-wheeler or semi-truck accident case.  A truck accident attorney in your area will be able to review the exact facts of your case and provide you with a monetary estimation which he or she believes to be an accurate representation of your case’s value.

  1. The Type of Accident:  Certain personal injury cases are likely to be worth more due to the extent of the injuries often involved, the facts associated, and the defendants likely to be included.  18-wheeler and semi-truck accidents are known to have some of the highest values because they so often involve serious injuries, driver negligence, multiple defendants, and significant insurance funds available.
  2. The Location of the Accident:  The state in which the accident occurs and even the county within the state can impact your recovery.  Different states set varying laws concerning recovery limits, and each area will have slightly differing attitudes towards personal injury actions.
  3. Your Injuries:  Perhaps the most significant factor in determining the value of your case will be the extent of your injuries.  Serious injuries that require time off work, medical treatment, and a long term recovery will entitle the victim to more compensation than minor injuries that are easily resolved without much impact on the victim’s work or daily living.
  4. The Available Insurance:  Your case’s settlement potential will be impacted by the amount of insurance available.  Truck accident victims often benefit from this because truckers and trucking companies are typically required to carry high premiums due to the potential for serious injury involved in the commercial trucking industry.
  5. Economic Damages:  Related to your injuries, the value of your case will be determined greatly by the extent of the damages you incurred.  These damages will often include medical bills, lost wages, rehabilitation costs, and more.
  6. Pain and Suffering:  Truck accident cases can include large pain and suffering awards.  The extent to which your pain and suffering stemming from the accident impacts your life will include your ultimate recovery.
  7. Your Attorney:  An experienced, knowledgeable attorney will make a significant difference in the ultimate success of your case and hence its value, as an attorney well versed in truck accident law will uncover your strongest evidence, pursue all avenues of recovery, and mount the strongest possible case.

Barrett Law PLLC: Experienced Truck Accident Attorneys   

            The Mississippi Truck Accident Attorneys at Barrett Law PLLC have devoted years of practice to representing the victims of 18-wheeler and semi-truck accidents across the state, helping our clients to obtain a full recovery for their injuries stemming from the accident.  We will evaluate your case and provide you with an accurate idea of what you may receive in the event of a settlement or trial.  We vow to always fight for your full recovery, as we never wish to see our clients experience the hardships of unpaid medical bills or uncompensated long term disability.  The attorneys at Barrett Law PLLC have the dedication, knowledge, and experience you need to obtain the strongest truck accident recovery possible.  Call Barrett Law PLLC today at 1 (800) 707-9577 to schedule your free consultation.

 

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Mississippi Truck Accident Attorneys Discuss the Dangers of Undertrained Truck Drivers

Most tractor trailers and semi-trucks weigh in at around 80,000 pounds, over 30 times the weight of the average car or SUV.  These colossal vehicles are often 70 to 80 feet long, making them four times the length of the average passenger vehicle.  Safely driving a tractor trailer or other commercial truck requires extensive training, focus, and skill.  Truck drivers who have not received the training required for the job are a threat to all vehicles on the road.

Poorly Trained Trucks Can Cause Accidents in a Number of Ways

Truck drivers who have not been adequately trained pose a serious threat to themselves and others.  Studies show that close to 40 percent of all fatal truck crashes involve out of control trucks.  Another nearly 40 percent of truck accidents are caused by inattention.  Over correcting and over steering account for another 10 percent of crashes.  These mistakes are nearly always caused by inexperienced or undertrained truck drivers.  In fact, each of these common truck accident causes, controlling the truck, paying attention, and avoid over steering or correction, should be discussed during a truck driver’s training period.  Nonetheless, as is clear from the high occurrence of these types of accidents, truck drivers across the state and country continue to make these costly mistakes.  The trucking companies that send these undertrained truck drivers out onto the roadways can be held liable for their driver’s negligent errors.

Bringing a Negligence Claim Following a Truck Accident

Any truck accident victim who has been injured by a poorly trained truck driver can file a lawsuit for negligence against the driver and the trucking company that employs the driver.  In order to succeed in a negligence suit, the truck accident victim will need to prove that:

  • The truck driver and/or trucking company owed a duty to the plaintiff;
  • The truck driver or trucking company breached that duty; and
  • These actions were a cause of the plaintiff’s injuries.

All trucking companies have a duty to train their drivers adequately and fully.  If the trucking company fails to provide this necessary training and sends out a poorly trained driver who then injures another, the trucking company can be held liable.

Truck accident victims should contact an attorney as soon as possible following a crash.  To bring a successful negligence claim against the trucking company requires considerable evidence.  It will be necessary to obtain driver training records, driver logs, and the trucking company’s training policies.  Using this evidence, your attorney can mount a strong negligence claim.  This evidence should be obtained as soon as possible after the accident to help preserve your claim.

Barrett Law PLLC: Providing a Voice for Those Injured in Truck Accidents Across the State

18 wheelers and semi trucks are massive vehicles that require extensive training and considerable skill in order to be operated safely.  If a trucking company fails to provide its drivers with adequate training, the results can be disastrous.  When that undertrained driver causes an accident, the trucking company can and should be held liable.  If you or a loved one has been injured in a truck accident, the Mississippi Truck Accident Attorneys at Barrett Law PLLC can help.  Our firm has represented clients in Mississippi and the southeast since 1936, providing the highest quality of legal representation to all truck accident victims.  Our experienced attorneys are dedicated above all else to achieving positive results for our clients.  Allow us to assist you by calling Barrett Law PLLC today at 1 (800) 707-9577 to schedule your free consultation.

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Mississippi Truck Accident Attorneys Discuss the Causes of Truck Accidents

The rate of serious truck accidents across Mississippi and much of the nation has left many safety experts and concerned drivers wondering what is behind the increasing accident rates and what we can do to increase truck safety.  CNBC recently aired an investigative report exploring the trucking industry and the many safety concerns surrounding it.  The report unveiled an alarming 18 percent rise in the rate of fatal truck accidents between 2009 and 2012.  This increase in accidents comes despite overall improvements in driver safety.  According to the CNBC report, there are a number of reasons why commercial truck accidents continue to occur, including:

  1. Lack of Safety Technology

In recent years, a number of truck safety devices have been developed in an effort to increase overall safety in the industry.  Some of these technologies come at minimal additional expense.  Despite these inexpensive advances, only 10 percent of all commercial trucks use safety technology.  Technologies like the automatic braking systems can assist trucks in stopping on time when another vehicle comes too close.  Lane departure warning systems can help ensure truckers stay safely in their lanes.  These technologies are readily available, yet underutilized in the industry.  Other technologies are poised to release in the future, including driverless trucks.  When these high tech options become available to the public, the rate of truck accidents could decrease significantly.

  1. Repeat Offenders

Federal and state trucking safety regulations are intended to prevent truck accidents in Mississippi and elsewhere across the country, but enforcing these rules and preventing unsafe drivers and trucks from using the roadways is more difficult than many realize.  According to a CNBC investigative report, up to 20 percent of all commercial trucks inspected in 2012 were considered unsafe to be on the roads due to service violations, including poor tires and brakes.  This equates to over two million unsafe trucks on the road any given day.  In addition, about five percent of drivers inspected had serious violations that should have prevented them from driving.  Approximately 170,000 unsafe drivers remain on the roadways.

  1. Chameleon Carriers

Linked to the problem of repeat offenders is the troubling existence of so-called chameleon carriers.  The phrase chameleon carrier is used to describe trucking companies that change their names in order to dodge legal troubles and lawsuits stemming from rule violations.  According to CNBC’s investigative report, these ever changing companies often hire unsafe drivers and are lax on safety policies.  In fact, in their investigations, CNBC uncovered at least one company who hired a driver with a history of hitting a pedestrian and elicit drug use.  The company changed its name and continued to allow the driver to operate one of its vehicles.  Due to overall under-regulation in the trucking industry, it is difficult to crack down on these chameleon carriers.  As such, they continue to fly under the radar, disappearing and reappearing when necessary, all while posing a substantial safety risk to the public.

Barrett Law PLLC: Mississippi Truck Accident Attorneys Dedicated to Pursuing Victim Rights

The troubling increase in the rate of truck accidents across Mississippi and much of the U.S. has led many safety experts desperate to uncover ways of preventing such accidents.  The Mississippi Truck Accident Attorneys at Barrett Law PLLC are alarmed by the rising rate of truck accidents and will do all we can to hold negligent truck drivers accountable for the injuries and deaths they cause.  At Barrett Law PLLC, our attorneys have the passion, experience, and knowledge to obtain the results you desire.  Call Barrett Law PLLC today at 1 (800) 707-9577 to schedule your free consultation with one of our seasoned truck accident attorneys.

 

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What to Do At the Scene of a Mississippi Truck Accident

The victims of truck accidents often report that they regret not being better prepared for what to do at the scene of their Mississippi truck accident.  Many found themselves confused and in shock, and failed to perform tasks that could later have helped their case.  To this end, this list briefly reviews some important steps you should take at the scene of a truck accident.

  1. Stay calm and assist anyone who has been injured: Do not panic if you have been involved in a truck accident.  Assess the situation and make sure you are in a safe location.  If you are in danger of being further injured, move your vehicle to the nearest safe location if you are able to do so.  Look to see if anyone has been seriously injured in the crash.  Immediately call 911 to obtain assistance for the injured crash victims. Do not move injured passengers as you could add to their injuries.
  2. Call the police: Even if no one has been seriously injured, you should contact the police so that a police report is generated.  This report can prove vital to your later claim.
  3. Document your injuries: It often takes some time for serious injuries to become apparent following a crash.  Write down any pain or injuries you are experiencing in the aftermath of the accident.  If you were carrying passengers, instruct them to do the same.
  4. Take down as much information as possible:  You should attempt to document all you can about the crash so if there is a dispute later on concerning the facts, you have detailed information to back up your position.  Errors can also appear in the police report, which your documentation could refute.  If possible, make note of the following:
    • A list of injuries to all passengers
    • The location of the accident
    • The time, road conditions, weather conditions, and direction of the other vehicles
    • A description of how the accident occurred
    • Damage to all vehicles involved
    • Write down statements made by any other drivers, passengers, or witnesses
    • The names, drivers license information, insurance information, phone number, and address of all other parties
    • The name, phone number, and badge number of all police officers involved
    • Your observations as to whether drugs or alcohol or driver distraction played a role in the crash
  1. Photograph the scene: If you have a camera or cell phone camera, photograph the scene of the accident.  Photograph any skid marks, damage to vehicles, injuries, etc.
  2. Cooperate with the police but do not discuss fault before talking to an accident attorney:  Do not speak to anyone besides the police and your truck accident attorney about the accident.  Provide the police with the information they request concerning the crash but do not make statements about liability without consulting with your attorney first.

Barrett Law PLLC: Mississippi Truck Accident Attorneys Obtaining You Justice

Being involved in a truck accident is a frightening experience, likely leaving you in shock, injured, and unclear as to what actions you should take.  The Mississippi Truck Accident Attorneys at Barrett Law PLLC hope that this guide will help you be prepared in the event of a crash.  As soon as possible after your truck accident, contact the experienced truck accident attorneys at Barrett Law PLLC.  We will immediately begin investigating and gathering evidence to support your claim, seeking a full recovery for the injuries you sustained.  For legal assistance of unmatched excellence, call Barrett Law PLLC today at 1 (800) 707-9577.

 

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Mississippi Truck Accident Attorneys Discuss Brake and Tire Failure

Thousands of truck accidents occur each year due to mechanical failures.  Brake and tire failures account for the largest percentage of such crashes.  In one study published by the Department of Transportation (DOT), it was revealed that 30% of all commercial truck accidents involved brake related issues, most often brake failures or brakes that were out of adjustment.

Anyone who has been injured in a truck accident should learn the common causes of brake and tire failure so that they can determine whether either mechanical issue played a role in the accident.  An experienced truck accident attorney will provide a more accurate assessment of fault after thoroughly assessing your crash.

Who is Liable for Defective Brakes?

When the brakes on a truck cause an accident, the liability can be placed on several different parties.  Sometimes, more than one party can be deemed responsible.  Possible liable parties include:

  • The party responsible for maintenance of the brakes, most often the trucking company or the owner-operator
  • The manufacturer of the brakes
  • The truck driver
  • The company that loaded the truck

When a serious accident occurs involving defective brakes, the trucking, leasing, and hauling companies will often argue among themselves as to whose insurance will compensate the victim.

The Brake Manufacturer

Commercial truck brakes are subject to stringent federal regulations.  The brakes must have a certain braking force, be able to go from 20 mph to a complete stop at a certain rate, and meet automatic brake adjustment system requirements.

If the brakes on the truck that caused your accident do not comply with federal regulations, you could have a claim against the manufacturer.  Your claim could be based on the premise that the brakes were improperly designed or that they were initially properly designed but a defect occurred during manufacturing.

Trucking Companies and the Driver

Sometimes trucking companies or truck drivers can be responsible for brake failures. Truck companies are required to complete routine maintenance and keep a log of inspections.  If the trucking company fails to maintain a truck’s brakes, the brakes can fail.  Truckers or trucking companies also occasionally depower the front brakes in order to save wear and tear on the brakes.  This dangerous practice can lead to accidents as it forces the truck to rely solely on the trailer brakes.

Tire Failures That Cause Truck Accidents

When tires fail on a commercial truck, major accidents can ensue.  Truck tires fail due to defects with the tire or the failure of the truck driver and trucking company to inspect and maintain the brakes.  If you are in an accident caused by a blown truck tire, you could be able to receive compensation from the trucking company, truck driver, or tire manufacturer.

Barrett Law PLLC: Mississippi Truck Accident Attorneys Obtaining You Justice

Mechanical failures such as brake and tire failure are a leading cause of truck crashes.  All too often, brake and tire failures can be attributed to negligence on the part of the trucking company, truck driver, or part manufacturer.  The Mississippi Truck Accident Attorneys at Barrett Law PLLC have fought for the recovery of truck accident victims for over 75 years.  We offer legal services of dedication and excellence.  Our years of experience in the industry provides us with an in depth knowledge of the distinct area of truck accident law and the many federal regulations that abound in this field.  If the negligence of the truck driver, trucking company, or manufacturer caused your accident, we will fight to see that you recover for your medical expenses, lost wages, pain and suffering, and more.  To schedule your free initial consultation, call Barrett Law PLLC today at 1 (800) 707-9577.

 

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Mississippi Negligent Truck Driver Hiring Leads to Dangerous Situations

The commercial trucking system is one of the main ways that goods are transported across the country.  However, the ability of a trucking company to make money is contingent upon a driver’s ability to make a trip in the minimum amount of time and return for another haul.  This requires long hours in the truck, away from family, and relatively isolated.  For all of these sacrifices, the rate of pay is not particularly high.  This has resulted in a shortage of qualified truck drivers in the United States and pressure on the trucking companies to find people to operate the large, challenging tractor-trailers.  This may lead to short-cuts with devastating consequences.

When a trucking company makes the wrong decision and hires a driver who poses a danger to other people on the road, the company may be responsible for the harm that is caused by the driver in a collision.  In order to be liable for the harm that was done, the trucking company must have:

  • A duty to ensure that the driver had the skills and appropriate driving record to drive the tractor-trailer;
  • Breached that duty by hiring a driver who had red flags in his background and putting him behind the wheel of a commercial truck;
  • Been the proximate cause of the harm that was done to the victims of the accident by negligently hiring an unqualified driver; and
  • Caused actual harm to the victims as a result of the preventable crash.

In order to avoid this liability, a trucking company must carefully screen its employees.  Federal regulations require that a trucking company perform background checks on new employees in order to check for things such as a criminal record, a history of reckless or aggressive driving, or other indicators that the driver would be a safety hazard on the road.  Specifically, the trucking company must analyze the potential driver’s background to determine:

  • Whether the driver has the training and qualifications to operate the type of the tractor-trailer that he would be driving;
  • Whether the driver had a history of substance abuse, including prescription medication, illegal narcotics, or alcohol;
  • Whether the driver has a history of unsafe driving; and
  • Whether the driver had any DUI convictions.

When an accident happens, the victim may be able to hold both the trucking company and the truck driver responsible for the harm that he suffered.  However, it is critical to investigate carefully the facts of the case in order to demonstrate that the company’s negligent hiring was part of the cause of the accident – this is not a simple matter.  It is necessary to examine the records of the trucking company, review whether or not the company outsourced the background check to a qualified investigation entity, analyze the logs and other records, and pour over the accident reports in order to build a strong case.  It is important to have the right attorneys because they need to collect the evidence quickly and effectively as the trucking companies only are required to maintain documents for a limited amount of time.

Barrett Law PLLC Gets Justice for Truck Accident Victims

When a truck collides with a car or other passenger vehicle, the damage to the car often is serious, leading to severe injuries to the driver and any passengers in the car.  Frequently, these victims require emergency medical care, long-term treatment, and modifications to the home and vehicles.  The dedicated and experienced Mississippi Truck Accident Attorneys at Barrett Law PLLC understand how to build a case that will get victims the best possible results after a devastating crash.  We are available to discuss what happened to you in a free and confidential consultation.  To schedule a time to meet, please call us at (800) 707-9577.

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