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Overloaded Tractor-Trailers on Mississippi Roadways

There are certain types of Mississippi motor vehicle accidents that pose exceptional risks to other drivers and passengers traveling our roadways.  Trucking companies generally try to send trucks on runs with the maximum possible load because fewer trips mean greater trucking company profit.  A collision with a fully loaded tractor-trailer in Mississippi is the equivalent of being in a collision with 26 passenger vehicles stacked on top of each other.  It is hardly surprising that collisions between big-rig trucks and passenger vehicles tend to result in catastrophic injuries and wrongful death for passenger vehicle occupants.

Although tractor-trailers are limited to 80,000 lbs. when fully loaded, some drivers and trucking companies push the limits and overload tractor-trailers.  Overloaded tractor-trailers increase the dangers posed by commercial trucks for several reasons:

  • Excessive loads can make tractor-trailers less responsive when steering
  • Collapse of bridges or overpasses
  • Overloaded commercial trucks need more distance to stop
  • Increased risk of blowouts because of the excessive weight
  • Runaway trucks involving brake failure
  • Greater mass in a collision typically will result in greater force in the collision

A study by the Federal Motor Carrier Safety Administration (FMCSA) revealed that overloaded trucks are more likely to rollover or jackknife which can cause horrific trucking accidents involving multiple vehicles that pile up.  Overloaded trucks may also cause accidents when cargo falls off the vehicle into the roadway creating a crash hazard, or it falls directly on another vehicle.

Trucking companies are responsible for ensuring that truck loads comply with maximum weight requirements and that the load is distributed and secured properly.  When tractor-trailers are overloaded, the injuries suffered in a collision with a passenger vehicle may result in permanent devastating injuries including closed head injuries, damage to the spinal cord, paralysis, dismemberment or loss of limbs and other life-altering injuries.

Commercial trucks that exceed maximum weight limits may require the distance of a full football field to stop if the truck is traveling at 55 mph.  This means that by the time a truck driver can stop a big-rig it may have collided with many vehicles or obstacles in its path.  When a tractor-trailer collides with a passenger car, it is the occupants of the commercial truck that suffers injury or wrongful death almost 100 percent of the time.  The experienced Mississippi tractor-trailer accident attorneys at Barrett Law have been providing effective representation to Mississippi tractor-trailer 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.

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The Role of Brake Failure in Causing Mississippi Trucking Accidents

Trucking accidents in Mississippi can be extremely dangerous and result in devastating life-altering injuries and all too often fatalities.  While there are many causes of trucking collisions involving these enormous forty ton motor vehicles, some trucking accidents are caused by the failure to conduct required vehicle inspections and conduct routine maintenance. Because of the size and weight of these massive vehicles, issues like brake maintenance are critical to the safety of those with whom tractor-trailers share the road.  Although tractor-trailers are supposed to be inspected daily and these inspections are supposed to be documented, these inspections may not be conducted or routine maintenance may be ignored.  These shortcuts can result in nightmarish scenes of 80,000 pound fully loaded motor vehicles racing down the roadway out-of-control.

Brake failure is a significant cause of Mississippi trucking accidents with the Department of Transportation (DOT) indicating that brake issues account for nearly thirty percent of all Mississippi tractor-trailer accidents.  Trucking accidents that involve brake issues can be complicated because a variety of entities may be responsible for the brake failure including the truck driver, the truck maintenance company, the brake manufacturer or even the company that loaded the truck.  A common strategy employed by insurance companies when defending against trucking accidents claims caused by brake failure is to attempt to shift blame to another party for the failure of the brakes.  At Barrett Law, our experienced Mississippi tractor-trailer accident attorneys carefully investigate trucking accidents so that we can identify all potentially responsible parties.

Federal regulations impose safety standards regarding the functioning of tractor-trailer braking systems. These regulations require among other things that trucks be able to provide a certain brake resistance based on the percentage of the truck’s weight. These regulations also require that tractor-trailers conform to automatic brake adjustment system standards and that they be able to go from 20 mph to a complete stop at a specific rate based on the size of the vehicle. When tractor-trailer brakes do not meet these standards, Mississippi trucking accident victims may have a right to pursue a product liability claim against the brake manufacturer.

Sometimes brake failure is not related to defects in the brakes themselves but rather failure to perform required inspections and maintenance. When a Mississippi trucking accident is caused by brakes that have not been properly maintained, the trucking company, the truck driver, a truck leasing company or other parties involved in maintaining the brakes may be liable for your injuries. Although truck drivers are supposed to maintain records regarding brake safety inspections and maintenance, sometimes these records are not properly maintained or the inspection and maintenance is not performed as required.

Our experienced Mississippi accident attorneys carefully investigate driver logbooks and other tractor-trailer maintenance records to uncover evidence of inadequate brake maintenance.  Our experienced Mississippi trucking accident attorneys also frequently work closely with trucking industry experts to help develop the strongest liability claim on behalf of our trucking accident clients.  The experienced Mississippi tractor-trailer accident attorneys at Barrett Law have been providing aggressive representation to Mississippi 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.

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Mississippi Trucking Accidents Frequently Asked Questions (FAQs)

Anyone driving the highways of Mississippi has come across serious accidents involving tractor-trailers.  These accidents are so disruptive that they often tie up all lanes of a freeway for hours.  They also frequently involve devastating life-changing injuries because of the relative weight difference between a big-rig that is carrying a full load and a relatively diminutive passenger vehicle.  Although tractor-trailers constitute a fairly nominal percentage of vehicles on Mississippi roadways, they account for a third of all motor vehicle related fatalities in the U.S.  We often receive inquiries about Mississippi tractor-trailer accidents so we have provided some answers to basic questions.

Are tractor-trailers really any more dangerous than other motor vehicles?

Tractor-trailers are absolutely more dangerous than other types of motor vehicle accidents.  A fully loaded conventional tractor-trailer that navigates the roads of Mississippi may weigh as much as 80,000 pounds and exceed 75 feet in length.  This makes tractor-trailers more likely to be involved in a collision because they are less responsive to sudden steering and braking maneuvers.  Tractor-trailers also have enormous blind spots that make collisions more likely when making lane changes or merging with traffic.  These enormous motor vehicles also cause more serious injuries when involved in a collision because of the weight difference between a passenger vehicle and a tractor-trailer.

Are there special rules that tractor-trailer drivers must follow?

While tractor-trailer operators must abide by the traffic laws that apply to motorists generally, there are special restrictions on the operation of tractor-trailers because of the unique risk that these motor vehicles posed to those with whom they share Mississippi roadways.  Any big rig that engages in interstate trucking, which means it operates across state lines, is subject to regulation by the Federal Motor Carrier Safety Administration (FMCSA).  These carriers may also be subject to state regulations when being operating within Mississippi’s borders.  Intrastate trucking companies operate exclusively within Mississippi, and they are governed primarily by Mississippi state laws and regulations.  Trucking regulations address many key safety issues associated with tractor-trailers including:

  • Drug and alcohol testing
  • Anti-fatigue rules (hours of service rules)
  • Maximum length and weight of tractor-trailers
  • Pre-employment screening standards
  • Rules regarding medical fitness to operate a tractor-trailer
  • Restrictions on the transport of hazardous substances
  • Rules regarding properly securing of loads

While these are just a few example of trucking safety issues that are governed by state and federal regulations, these regulations are an acknowledgement of the danger posed by tractor-trailers.

What types of Mississippi tractor-trailer accidents is a driver likely to be involved in?

Tractor-trailers may be involved in any of the normal sorts of accident that passenger vehicles are involved in including rear-enders, head-on collisions, rollover accidents, run-off-the-road accidents as well as others.  However, the unique physical attributes of a tractor-trailer mean that it also may be involved in accidents that are unique to this type of vehicle.  One particularly dangerous type of Mississippi tractor-trailer accident is a “jackknife” accident.  A jackknife accident occurs when the cab of a tractor-trailer is skidding and the trailer pushes the cab forward which causes the cab to swing around toward the rear of the vehicle.  These accidents can be extremely dangerous because the tractor-trailer may rollover on other vehicles or block the entire roadway.  Carriage underride accidents are also a particularly dangerous type of tractor-trailer accident.  In a carriage underride accident, a passenger vehicle slides under the tractor-trailer where it may be crushed.

How common are fatalities in trucking accidents?

Accidents involving tractor-trailers account for one-third of all accident related fatalities.

Is a tractor-trailer injury claim similar to other motor vehicle accident claims?

Collisions involving tractor-trailers are generally more serious than other motor vehicle accidents.  Many times our experienced Mississippi trucking accident attorneys use industry experts during the process of negotiating or litigating a claim.  We also work aggressively to avoid the loss of critical evidence.  Trucking accidents are so common for commercial carriers that they frequently make minor repairs and put commercial vehicles right back in service.  This can mean that evidence of damage to the tractor-trailer or information stored on the vehicle’s black box data recorder may be lost.  While fatigue and hours of service related issues also may be recorded in a driver’s logbook, these books are often filled with distortions and inaccuracies.

If you are involved in a tractor-trailer accident, our experienced tractor-trailer accident lawyers at Barrett Law may be able to represent you in obtaining compensation for your injuries.  Our law firm offers careful investigation of the facts, extensive knowledge of the law, creative legal strategies and effective negotiation and litigation.  The experienced Mississippi tractor-trailer accident attorneys at Barrett Law have been providing aggressive representation to Mississippi tractor-trailer 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.

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Frequently Asked Questions (FAQs) Mississippi Trucking Accidents

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.

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