Brake Failure a Leading Cause of Mississippi Tractor-Trailer Crashes

The deadly impact of a tractor-trailer collision with a passenger vehicle is a product of a combination of factors including the immense size of the truck, the weight of the truck, the speed of the truck, as well as the overall weight and weight distribution when considering the tractor-trailer cargo.  These factors often form a “perfect storm” and result in a devastating impact that can completely destroy a passenger vehicle and cause permanent catastrophic injury to the occupants or all to often wrongful death.  Brake failure is one of the leading causes of Mississippi tractor-trailer crashes. Brake failures or other problems associated with brakes cause about 30 percent of truck accidents according to the National Highway Safety administration.

Other causes often contribute to brake failure accidents involving commercial vehicles, such as truck driver negligence including fatigue or driver error, as well as defects from other truck components such as tire failure. When commercial truck brakes fail, however, the massive force generated by 80,000 moving at 55 miles per hour will can wreak havoc when it is unable to stop even when the truck driver does everything right.

Collisions involving a tractor-trailer which experiences brake failure may take many forms, such as jackknife accident, rear-end collisions, intersection collision, truck under-ride crash, and fatal collisions involving pedestrians and bicyclists.  The issue of improperly maintained or defective brakes on tractor-trailer may be amplified by the fact that these vehicles are difficult to stop and this difficulty is compounded when conditions are less than ideal.  Recently, a tractor-trailer accident in Mississippi claimed the life of a 10-year-old girl and left 10 others injured. The cause of the accident combined the variable of adverse weather with the driver’s inability to stop in time in order to avoid the accident.

A particular dangerous type of tractor-trailer accident that may be caused not be defective brakes as much as improper application or sudden emergency use of the brakes.  A jackknife commercial trucking accident involves the folding of a tractor-trailer in such a way to resemble a pocketknife folding in an acute angle, which causes the trailer to swing out in front and face backwards, posing an extreme risk of harm to surrounding drivers.  If the truck driver applies the brakes suddenly while the vehicle is still going at a fast rate of speed, the trailer is still in motion during the sudden braking, and physics will cause this catastrophic jackknife scenario.

Companies are required to regularly inspect trucks in order to detect mechanical problems or defects and repair these problems to avoid fatal trucking accidents.  A trucking company has a obligation to keep the brakes in working condition which involves adjusting the brakes when necessary, checking the valves, air hoses and the air pressure, and other inspections in order to avoid issues involving wear and tear on brakes.  A faulty brake design may also cause a brake related commercial truck accident.  If you have been injured in an accident involving a commercial truck, you may be entitled to compensation for you injuries.

The attorneys of Barrett Law, PLLC have been representing those who suffer serious injury in motor vehicle accidents for over 75 years.  Our experienced Mississippi trucking accident lawyers are available to assess your case.  We represent truck accident clients with compassion and zeal so contact us today at (662) 834-2376.

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Excuses, Excuses Shifting the Blame in a Serious Semi-Truck Accident

Mississippi semi-truck collision cases can be complex and difficult because trucking companies have an enormous amount of resources and are frequently involved in trucking accident lawsuits related to injuries caused by their drivers and vehicles.  The case of Canton Broiler Farms, Inc v N. Warren (Supreme Court of Mississippi 1968) 14 So. 2d 671 offers interesting insight into the complex factual patterns and convoluted theories often offered by trucking company lawyers designed to assist their clients in avoiding responsibility for serious trucking accidents in Mississippi.

In the Canton case, a tractor-trailer truck owned by the defendant overturned and part of the Semi was on the highway. There also were crates of chickens all over the road that fell from the wrecked tractor-trailer.  The truck driver failed to place flares around the semi-truck, remove the chicken crates from the roadway or provide any warn to oncoming traffic of the big-rig accident.  Another driver then assisted the trucker but parked his pick-up truck so that its headlights shined in the eyes of approaching traffic.

The semi-truck accident victim was a passenger in his brother’s car and suffered permanent injuries when the driver was blinded by the headlights and crashed into the crates of chickens. The driver took evasive maneuvers to avoid the resulting motor vehicle collision but did not see the road obstruction soon enough because of the blinding headlights.

The trucking company tried to point the finger at everyone but its own driver.  For example, the trucking company lawyers claimed that the victim’s brother was responsible because he did not stop when he saw the headlights.  The trucking lawyers even had the gall to argue that the injury victim “assumed the risk” of injury in the serious Mississippi trucking accident because he did not make his brother (the driver) stop.

In Mississippi, for there to be an assumption of the risk, there must be a knowing appreciation and deliberate exposure to danger so this argument was rejected.  The court refused to allow the trucking company to shift the blame for its own truck driver’s negligence.  In other words, a passenger need not act as a “back-seat driver,” or assume the risk of injury.

Another interesting aspect of this Mississippi trucking accident case is that negligence by a truck driver is not excused by the subsequent foreseeable conduct of a third party that contributes to the semi-truck accident.  It was foreseeable that the truck driver’s actions in leaving debris in the roadway and failing to provide warnings to approaching traffic could result in an serious motor vehicle accident if an approaching vehicle were blinded by headlights.  Thus, the good samaritan’s negligence did not excuse the negligence of the truck driver.

These types of insensitive and offensive tactics are common in Mississippi trucking accident lawsuits.  Trucking company insurance lawyers are in court all the time defending their clients in serious Mississippi trucking accident cases.  If you or a loved one is seriously injured in a Mississippi trucking accident case, it is important that you seek legal assistance from a law firm that focuses a substantial portion of its practice on Mississippi trucking accident cases.

At Barrett Law PLLC, our firm’s roots date back 75 years so we have handled many trucking accident lawsuits in Mississippi.  If you or your loved one has suffered serious injury in a Mississippi semi-truck accident, you need the experience and commitment of Barrett Law, PLLC in your corner.  We handle semi-truck accidents in Mississippi and throughout the U.S. so call us today so that we can evaluate your case at (662) 834-2376. No Recovery No Fee!

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