Tractor-trailer or commercial trucking accidents are unique amongst types of Mississippi motor vehicle accidents for both the degree of carnage caused by a trucking collision and the complexity involved in trucking accident claims. Many victims of Mississippi trucking accidents presume that although tractor-trailers are large vehicles handling trucking collision claims are more or less akin to any other motor vehicle claim. This is not only a mistaken assumption, but one that can adversely impact one’s trucking accident claim. The choice of a Mississippi trucking accident lawyer is not a decision to be taken lightly particularly because these collisions often result in debilitating life-altering injuries.
Because tractor-trailer accident claims are far more complex than those involving other motor vehicles, it is important to carefully screen your Mississippi trucking accident attorney to make sure that he or she has the experience, expertise and knowledge to successfully handle your trucking accident case. An ideal way to learn about your rights and options if you are involved in a tractor-trailer accident is to speak to one of the experienced Mississippi tractor-trailer attorneys at Barrett Law. Because we receive many questions about trucking accidents, we have provided some answers to common questions below.
Are Mississippi trucking accidents really more dangerous than other types of motor vehicle accidents?
Absolutely! A fully loaded tractor-trailer combination can weigh forty times more than the typical passenger vehicle. The increased weight associated with tractor-trailers mean that the force of impact in a collision is likely to be far more intense. Tractor-trailer accidents account for almost thirteen percent of all motor vehicle accident fatalities. The danger to those who share the roads with tractor-trailers is reflected by the fact that 98 percent of the time the person who dies in a fatal trucking collision is an occupant of the other vehicle.
What are the most common causes of tractor-trailers accidents?
There are many causes of trucking accidents in Mississippi but driver error is the most common factor. When trucking companies fail to conduct proper screening when hiring a driver or do not provide adequate training or supervision of commercial drivers, the risk of serious trucking collisions is extremely high. Trucking accidents may also be caused by poorly maintained trucks, trucks with defective components or roads that are not properly designed or maintained. Some common causes trucking accidents in Mississippi include the following:
- Fatigued drivers who violate Hours of Service (HOS) rules
- Drug or alcohol impaired truck drivers
- Truck drivers who travel at an unsafe speed
- Failure of truck drivers to properly check “no zones” (i.e. large blind spots on tractor-trailers)
- Lack of inspections and maintenance
What laws govern the operation of tractor-trailers?
While commercial truck drivers are subject to the Mississippi Rules of the Road that govern drivers of other motor vehicles, they are also required to obtain a special commercial license and must comply with an extensive matrix of federal and state regulations. The Federal Motor Carrier Safety Administration (FMSCA) promulgates regulations designed to promote safety and prevent trucking accidents at the federal level. These regulations impact a wide range of safety issues including but not limited to driver fatigue, screening of potential hires, size and weight limits, drug and alcohol testing and a wide range of other topics. The experienced trucking accident lawyers at Barrett Law are well versed in these regulations. Violations of these regulations often provide a basis for imposing liability on a commercial driver or trucking company.
Is the process of negotiating or litigating a trucking accident claim similar to other types of motor vehicle accidents?
Trucking accident claims involve unique issues that are not typically part of other motor vehicle accident claims. Critical evidence including log books that track issues like driver fatigue, onboard digital recorders and other evidence may be destroyed or altered so prompt action is necessary to preserve such evidence. Further, trucking companies often characterize a commercial driver as an “independent contractor” to avoid minimize liability and distance the company from a driver who causes a collision. Our tractor-trailer accident lawyers are familiar with such trucking industry practices and work diligently to protect important evidence and unveil the reality behind a purported independent contractor relationship.
While this information may answer some of your questions, we invite you to contact us if you need additional information. Our experienced Mississippi tractor-trailer attorneys can evaluate your claim and provide some preliminary information about your rights and options. The experienced Mississippi tractor-trailer accident attorneys at Barrett Law have been providing aggressive representation to trucking accident victims for over 75 years. We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.
