Mississippi 18-Wheeler Rear-End Collision Injury Lawsuit Attorney

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18-Wheeler Rear-End Collision Injury Lawsuit Lawyer in Mississippi

Rear-end collisions involving 18-wheelers are among the most severe and life-altering accidents on Mississippi roads. Due to the sheer size and weight of these vehicles, the damage and injuries caused by an 18-wheeler rear-ending another vehicle can be catastrophic. These collisions can leave victims with serious physical injuries, emotional trauma, and substantial financial burdens. If you or a loved one has suffered due to an 18-wheeler rear-end collision, understanding your legal rights is essential.

At Barrett Law, PLLC, we have decades of experience handling complex 18-wheeler rear-end collision cases in Mississippi. Jonathan Barrett is dedicated to helping accident victims and their families secure the compensation they deserve. Our team understands the unique legal and insurance issues surrounding these cases, and we’re here to guide you through the legal process with compassion and determination.

Understanding 18-Wheeler Rear-End Collisions

When a commercial truck, such as an 18-wheeler, rear-ends a passenger vehicle, the impact can be devastating. Trucks can weigh up to 80,000 pounds when fully loaded, which makes it difficult for them to stop quickly. When a truck fails to stop in time, it can crush the vehicle in front, resulting in serious injuries or fatalities. Common causes of these rear-end collisions include:

  • Driver fatigue: Truck drivers are often under pressure to meet tight deadlines, leading to drowsy or impaired driving.
  • Distracted driving: Use of phones, GPS, or other distractions in the cab can lead to delayed reaction times.
  • Excessive speed: Speeding, especially in poor weather or traffic conditions, increases the likelihood of a rear-end collision.
  • Mechanical failures: Faulty brakes or improperly maintained trucks can make it impossible for the driver to stop in time.
  • Poor weather or road conditions: Slippery roads or reduced visibility can make it challenging for trucks to maintain safe distances.

Victims of 18-wheeler rear-end collisions often face serious injuries, including spinal cord injuries, traumatic brain injuries, broken bones, and internal injuries. The physical and emotional toll of these injuries can be long-lasting, and the financial impact on families can be overwhelming. That’s why it’s crucial to seek legal guidance as soon as possible.

Who is Affected by 18-Wheeler Rear-End Collisions and Why?

Typical victims of 18-wheeler rear-end collisions are often drivers or passengers in smaller vehicles, as the impact from a heavy truck can cause significant damage to lighter vehicles. These accidents affect not only the injured victims but also their families, who may face financial hardship, loss of companionship, and emotional stress.

Common injuries resulting from these accidents include:

  • Traumatic brain injuries: Caused by the force of impact, these injuries can lead to long-term disabilities and require extensive rehabilitation.
  • Spinal cord injuries: Often resulting in partial or full paralysis, spinal injuries require lifelong care and support.
  • Fractures and broken bones: Multiple fractures and broken bones are common in high-impact collisions, often leading to surgery and months of recovery.
  • Internal injuries: Damage to organs can be life-threatening and may require emergency surgery.

Barrett Law, PLLC, is here to help victims of 18-wheeler rear-end collisions navigate the legal process. Jonathan Barrett and his team are committed to ensuring that our clients receive full compensation for medical expenses, lost wages, pain and suffering, and other damages.

Legal Obligations & Statutes in Mississippi

Mississippi law imposes a duty of care on all drivers, including commercial truck drivers, to operate their vehicles responsibly and avoid causing harm to others. When a truck driver or trucking company fails to meet this duty, they can be held liable for any resulting injuries. Several federal regulations, governed by the Federal Motor Carrier Safety Administration (FMCSA), also apply to commercial truck drivers and companies. These regulations cover areas such as:

  • Hours of Service (HOS): Truck drivers are limited to a certain number of driving hours per day to prevent fatigue.
  • Maintenance requirements: Trucking companies must ensure that their vehicles are properly maintained to prevent mechanical failures.
  • Driver qualifications: Drivers must meet specific qualifications, including holding a valid commercial driver’s license (CDL).

In Mississippi, victims of 18-wheeler rear-end collisions have the right to seek compensation through personal injury or wrongful death lawsuits. Mississippi Code Section 15-1-49 sets the statute of limitations for filing personal injury lawsuits at three years from the date of the accident. If you have lost a loved one, you may also file a wrongful death claim within three years of the death.

Practical Tips for Handling an 18-Wheeler Rear-End Collision Case

If you have been injured in an 18-wheeler rear-end collision, taking the right steps can protect your legal rights and strengthen your case. Here are some practical steps to follow:

  1. Seek immediate medical attention: Even if you feel fine, it’s essential to get checked by a medical professional. Some injuries may not be immediately apparent.
  2. Document the accident scene: If possible, take photos of the accident scene, your injuries, and the damage to your vehicle.
  3. Report the accident: File a police report and request a copy, as this report will be important evidence in your case.
  4. Collect witness information: Obtain contact information from anyone who witnessed the accident.
  5. Avoid speaking with insurance adjusters: Insurance companies may try to minimize your claim. It’s best to let an attorney handle all communications with the insurance company.
  6. Consult with an attorney: An experienced 18-wheeler accident attorney, like Jonathan Barrett, can help you understand your options and guide you through the legal process.

Frequently Asked Questions About 18-Wheeler Rear-End Collisions

What compensation can I seek in an 18-wheeler rear-end collision case?
Victims may be entitled to compensation for medical expenses, lost wages, property damage, pain and suffering, and other related costs. In fatal cases, families can also seek compensation for funeral expenses and loss of companionship.

How is liability determined in an 18-wheeler accident?
Liability in these cases often depends on various factors, including driver negligence, vehicle maintenance, and adherence to federal safety regulations. An attorney can investigate these factors to determine who is at fault.

Can I file a claim if I was partially at fault?
Yes. Mississippi follows a pure comparative negligence rule, meaning that even if you were partially at fault, you can still recover damages. However, your compensation will be reduced by your percentage of fault.

How long do I have to file a lawsuit?
In Mississippi, the statute of limitations for personal injury claims is generally three years from the date of the accident. However, it’s best to act quickly to ensure your case is filed within this timeframe.

What should I do if the insurance company offers a settlement?
It’s advisable to consult with an attorney before accepting any settlement offer. Insurance companies often offer less than the full value of your claim, and an attorney can negotiate on your behalf to ensure you receive fair compensation.

How does Barrett Law, PLLC approach 18-wheeler accident cases?
Jonathan Barrett and his team conduct a thorough investigation, gather evidence, and negotiate with insurance companies to secure maximum compensation. We understand the complexities of these cases and are prepared to take your case to court if necessary.

Can I sue the trucking company as well as the driver?
Yes, in many cases, the trucking company may be held liable for the accident if they failed to properly maintain the vehicle or comply with safety regulations.

What types of injuries are common in 18-wheeler rear-end collisions?
Common injuries include traumatic brain injuries, spinal cord injuries, fractures, and internal injuries. These injuries often require extensive medical treatment and may have long-term effects on the victim’s life.

Do I need an attorney for an 18-wheeler accident case?
While you are not required to have an attorney, hiring an experienced attorney can significantly improve your chances of recovering fair compensation. An attorney understands the complexities of these cases and can protect your rights throughout the process.

What evidence is needed to prove an 18-wheeler accident case?
Evidence may include police reports, witness statements, accident scene photos, vehicle maintenance records, and driver logs. Your attorney will gather this evidence to build a strong case.

Lost a Loved One in an 18-Wheeler Rear-End Collision in Mississippi? Call Mississippi 18-Wheeler Rear-End Collision Injury Attorney Jonathan Barrett 24/7/365 at (601) 790-1505 for Your FREE Consultation

At Barrett Law, PLLC, we fight for victims of 18-wheeler rear-end collisions and their families. Jonathan Barrett represents clients throughout Mississippi, including the Mississippi Gulf Coast, Jackson, Central, and Northern Mississippi. If you’ve been injured or lost a loved one due to an 18-wheeler accident, don’t hesitate to seek legal help. Contact us at (601) 790-1505 for a free consultation available 24/7/365.

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Mississippi 18-Wheeler Head-on Collision Wrongful Death Attorney

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18-Wheeler Head-on Collision Wrongful Death Lawsuit Lawyer in Mississippi

Head-on collisions involving 18-wheelers are among the most tragic and devastating types of accidents on Mississippi roads. When a large commercial truck collides with another vehicle head-on, the results are often fatal due to the sheer size and weight of these vehicles. For families who have lost a loved one in such an accident, the emotional and financial toll can be overwhelming. However, Mississippi law allows surviving family members to seek justice and compensation through a wrongful death lawsuit.

Jonathan Barrett and the team at Barrett Law, PLLC, have decades of experience handling wrongful death cases stemming from 18-wheeler accidents. We are dedicated to helping families across Mississippi hold responsible parties accountable and recover the compensation they deserve. If your family is facing the tragic loss of a loved one in an 18-wheeler head-on collision, Barrett Law, PLLC, is here to guide you through the legal process and fight for your rights.

Understanding Wrongful Death in 18-Wheeler Head-on Collisions

Wrongful death occurs when a person dies due to the negligence or wrongful act of another. In the case of an 18-wheeler head-on collision, wrongful death claims typically arise when the truck driver or trucking company fails to follow safety regulations, operates recklessly, or disregards other traffic laws. Given the significant size disparity between 18-wheelers and passenger vehicles, the impact of a head-on collision often leads to catastrophic injuries or fatalities.

Families affected by these tragic accidents have the right to file a wrongful death claim against the negligent parties. Under Mississippi Code Section 11-7-13, wrongful death lawsuits can provide compensation for the loss of companionship, financial support, and funeral expenses, among other damages.

Who is Affected and Why?

The victims of 18-wheeler head-on collisions and their families suffer profound emotional and financial consequences. The loss of a loved one not only disrupts family life but also creates financial instability, especially if the deceased was the primary breadwinner. These accidents are particularly devastating for:

  • Spouses and children: The surviving spouse and children may face the loss of financial security, emotional support, and companionship.
  • Parents of minor children: In cases where a minor child loses a parent in an 18-wheeler accident, the family must cope with both emotional trauma and the absence of parental guidance and support.
  • Extended family members: While Mississippi law prioritizes immediate family members for wrongful death claims, extended family members are also impacted by the emotional and financial effects of these tragedies.

Barrett Law, PLLC, understands the unique challenges faced by families after a wrongful death. We work closely with clients to pursue justice and ensure they receive compensation for medical bills, lost income, and other related expenses.

Legal Obligations & Statutes

Mississippi law holds truck drivers and trucking companies to high standards of safety, and these obligations are reinforced by federal regulations under the Federal Motor Carrier Safety Administration (FMCSA). Trucking companies are required to follow strict rules, including:

  • Hours of Service Regulations: To prevent driver fatigue, the FMCSA limits the number of hours a commercial truck driver can operate before taking mandatory rest breaks.
  • Vehicle Maintenance Requirements: Trucking companies must regularly inspect and maintain their vehicles to ensure they are safe for operation.
  • Driver Qualification Standards: Truck drivers must meet certain qualifications, including obtaining a commercial driver’s license (CDL) and undergoing periodic drug and alcohol testing.

Mississippi law also enforces duty of care standards for all drivers. When a truck driver or company fails to meet these obligations, they may be found negligent. In wrongful death lawsuits, proving negligence is critical to obtaining compensation. This often requires a thorough investigation into the cause of the accident, including gathering evidence from the accident scene, vehicle data, and witness testimony.

Practical Steps for Filing a Wrongful Death Lawsuit

If you believe you have grounds for a wrongful death lawsuit after an 18-wheeler head-on collision, there are several steps you should take to protect your rights and strengthen your case:

  1. Gather evidence: Document as much as possible from the accident scene, including photos, police reports, and witness statements. This evidence will be valuable in proving negligence.
  2. Seek medical records: Obtain all medical records and bills related to your loved one’s injuries, as these will be essential in calculating damages.
  3. Request a truck inspection: An experienced attorney can request an inspection of the 18-wheeler to identify potential safety violations, mechanical issues, or evidence of faulty maintenance.
  4. File a timely claim: In Mississippi, wrongful death lawsuits must generally be filed within three years of the date of death, according to the statute of limitations. Acting quickly ensures you don’t miss critical deadlines.
  5. Consult an attorney: Given the complexity of these cases, consulting a skilled wrongful death attorney is essential. Jonathan Barrett and his team at Barrett Law, PLLC, can guide you through the legal process, negotiate with insurance companies, and represent you in court if necessary.

Frequently Asked Questions About 18-Wheeler Head-on Collision Wrongful Death Cases

What compensation can I recover in a wrongful death lawsuit?
Compensation in wrongful death cases can include medical expenses, funeral costs, lost income, and non-economic damages such as pain and suffering, loss of companionship, and emotional distress. In some cases, punitive damages may also be awarded if the conduct of the truck driver or company was particularly reckless.

Who is eligible to file a wrongful death lawsuit in Mississippi?
Under Mississippi law, the right to file a wrongful death lawsuit typically belongs to the deceased person’s spouse, children, or parents. In some cases, a personal representative of the deceased’s estate may file on behalf of the family.

How long does it take to resolve a wrongful death case?
The timeline for resolving a wrongful death case varies based on factors such as the complexity of the case, the willingness of the insurance company to settle, and whether the case goes to trial. Some cases are settled within a few months, while others may take longer if litigation is necessary.

What if the trucking company denies responsibility for the accident?
It’s common for trucking companies to deny liability in an effort to minimize payouts. However, an experienced attorney can gather evidence to build a strong case against the trucking company, including data from the truck’s electronic logging device (ELD), witness statements, and accident reconstruction analysis.

Can I file a lawsuit if my loved one was partially at fault?
Yes, Mississippi follows a comparative negligence rule, which means that as long as your loved one was less than 50% responsible for the accident, you may still recover damages. However, the total compensation will be reduced by their percentage of fault.

How can an attorney help with my wrongful death case?
An attorney can handle all aspects of the legal process, including investigating the accident, gathering evidence, negotiating with insurance companies, and representing you in court. This allows you to focus on grieving and healing while your attorney fights for justice on your behalf.

What if the truck driver was fatigued at the time of the accident?
Driver fatigue is a common cause of 18-wheeler accidents, and federal regulations limit the number of hours a driver can operate without rest. An attorney can examine the truck driver’s logbooks and electronic data to determine if they violated hours of service regulations, which could strengthen your case.

Can I sue for punitive damages in a wrongful death case?
Yes, if the actions of the truck driver or company were especially reckless, you may be able to pursue punitive damages. These damages are meant to punish the wrongdoer and deter similar behavior in the future.

How much does it cost to hire a wrongful death attorney?
Many wrongful death attorneys, including Barrett Law, PLLC, work on a contingency fee basis, which means you don’t pay any upfront fees. Instead, the attorney’s fees are taken from the final settlement or verdict.

What should I bring to my first consultation with an attorney?
Bring any documentation related to the accident, including the police report, medical records, and any communication you’ve had with insurance companies. This information will help your attorney evaluate the strength of your case.

Lost a Loved One in an 18-Wheeler Head-on Collision in Mississippi? Call Mississippi 18-Wheeler Head-on Collision Wrongful Death Attorney Jonathan Barrett 24/7/365 at (601) 790-1505 for Your FREE Consultation

If you have lost a loved one in an 18-wheeler head-on collision, Barrett Law, PLLC, is here to help you seek justice and recover the compensation you deserve. We represent clients throughout Mississippi, including the Mississippi Gulf Coast, Jackson, Central, and Northern Mississippi. Jonathan Barrett is committed to fighting for Mississippians who have been wronged. Call (601) 790-1505 for your free consultation, available 24/7/365.

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Mississippi 18-Wheeler Head-on Collision Injury Lawsuit Attorney

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18-Wheeler Head-on Collision Injury Lawsuit Lawyer in Mississippi

Head-on collisions with 18-wheelers are among the most devastating accidents that can occur on Mississippi roads. Due to the massive size and weight of commercial trucks, these collisions often result in severe injuries, significant property damage, and tragic fatalities. Victims and their families face overwhelming challenges, from medical expenses and lost income to the emotional toll of coping with their injuries or losing a loved one. When the insurance companies and trucking companies try to limit compensation, securing experienced legal representation is crucial.

Jonathan Barrett, an experienced 18-wheeler head-on collision injury attorney, has dedicated decades to helping victims of trucking accidents and their families across Mississippi. At Barrett Law, PLLC, we understand the devastating impact these accidents have on families and work tirelessly to ensure clients receive the full compensation they deserve. If you or a loved one has been affected by an 18-wheeler head-on collision, we are here to provide legal guidance and fight for your rights.

Understanding 18-Wheeler Head-on Collisions and Injury Lawsuits

18-wheeler head-on collisions are particularly catastrophic because of the force generated when a large truck collides head-first with another vehicle. These accidents are often caused by factors such as driver fatigue, distracted driving, impaired driving, improper passing, or inclement weather. Due to the size and weight disparity between trucks and passenger vehicles, the injuries sustained in these accidents are often severe or fatal.

Common Causes of 18-Wheeler Head-on Collisions

While each accident is unique, certain factors are commonly seen in 18-wheeler head-on collisions:

  • Driver Fatigue: Truck drivers are often under pressure to meet tight delivery schedules, leading to long hours behind the wheel and increased risk of falling asleep while driving.
  • Distracted Driving: Distracted driving, including texting, using navigation systems, or eating, is a leading cause of head-on collisions.
  • Substance Use: Unfortunately, some drivers operate under the influence of alcohol or drugs, impairing their judgment and reaction times.
  • Improper Lane Use: Aggressive or reckless driving, such as improper passing, can cause trucks to veer into oncoming traffic.
  • Poor Weather Conditions: Inclement weather, including heavy rain or fog, can lead to reduced visibility and make it harder for truck drivers to control their vehicles.

Who is Affected by 18-Wheeler Head-on Collisions and Why?

18-wheeler head-on collision victims include not only the injured drivers and passengers in smaller vehicles but also their families who bear the emotional and financial burden of these life-altering accidents. Survivors of these accidents often endure severe injuries, such as traumatic brain injuries, spinal cord injuries, fractures, and internal injuries, which require long-term medical care, rehabilitation, and lifestyle adjustments. These injuries can affect victims’ ability to work, engage in daily activities, and maintain their quality of life.

For families who lose a loved one in an 18-wheeler collision, the impact is profound. Losing a family member means not only the loss of companionship but also the loss of financial support. Barrett Law, PLLC is here to help both injury victims and grieving families pursue the compensation they need to move forward.

Legal Obligations & Statutes

Mississippi and federal laws impose strict requirements on trucking companies and their drivers to maintain safety on the roads. For instance, the Federal Motor Carrier Safety Administration (FMCSA) mandates strict hours-of-service regulations to limit the number of hours a driver can work without rest, reducing the risk of fatigue-related accidents. Trucking companies must also conduct regular inspections, maintain safe vehicles, and ensure that drivers are adequately trained.

Under Mississippi Code Section 11-7-13, families of those who tragically lose their lives in 18-wheeler head-on collisions can file wrongful death claims. Additionally, Mississippi’s statute of limitations generally allows accident victims three years from the date of the accident to file a personal injury claim. However, it’s important to consult with an attorney as soon as possible, as evidence must be preserved, and deadlines must be met.

Barrett Law, PLLC, is well-versed in Mississippi’s complex legal landscape regarding trucking accidents and understands how to build a strong case to hold negligent parties accountable.

Practical Tips for Victims of 18-Wheeler Head-on Collisions

If you or a loved one has been involved in a head-on collision with an 18-wheeler, taking the following steps can help protect your rights and strengthen your case:

  1. Seek Medical Attention: Even if injuries seem minor, getting medical help is crucial to ensure all injuries are documented. This is vital for both your health and for building a strong case.
  2. Document the Scene: If possible, take photos of the accident scene, including vehicle damage, skid marks, and road conditions. Collect contact information from witnesses as well.
  3. Report the Accident: File a police report to document the details of the accident officially. This report can serve as important evidence in your claim.
  4. Avoid Speaking with Insurance Companies: Insurance companies often seek to minimize payouts. Avoid making statements or signing documents without consulting an attorney.
  5. Consult an Experienced Attorney: Working with a skilled attorney like Jonathan Barrett can help you navigate the legal process and secure maximum compensation for your injuries.

Frequently Asked Questions About 18-Wheeler Head-on Collision Injury Claims

What types of compensation can I recover in an 18-wheeler head-on collision injury claim?
Victims may be entitled to various types of compensation, including medical expenses, lost wages, pain and suffering, and property damage. In cases of wrongful death, families may also recover damages for funeral costs and loss of companionship.

How is fault determined in an 18-wheeler head-on collision case?
Fault is determined through evidence such as accident reports, witness statements, surveillance footage, and vehicle data. An experienced attorney can investigate and gather the evidence needed to establish liability.

How long do I have to file a lawsuit for an 18-wheeler head-on collision in Mississippi?
In Mississippi, the statute of limitations for personal injury cases is generally three years from the date of the accident. However, it’s best to act quickly to preserve evidence and protect your rights.

Can I still recover damages if I was partially at fault for the accident?
Yes. Mississippi follows a “pure comparative negligence” rule, meaning you can recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault.

What should I bring to my initial consultation with an attorney?
Bring any documentation related to the accident, including medical records, the police report, photographs, and contact information for witnesses. This information will help your attorney evaluate the strength of your case.

Can I sue the trucking company for the accident?
In many cases, the trucking company may be held liable for the actions of its driver. Additionally, trucking companies have a duty to properly hire, train, and supervise their drivers, and failing to do so can make them liable.

What is the role of the FMCSA in 18-wheeler accidents?
The FMCSA sets safety regulations for the trucking industry. Violations of FMCSA regulations, such as hours-of-service rules, can be used as evidence of negligence in a personal injury lawsuit.

How long does it take to resolve an 18-wheeler head-on collision case?
The timeline varies depending on the complexity of the case, the severity of the injuries, and whether the case goes to trial. Some cases settle within months, while others may take longer.

Can I recover damages for emotional distress in an 18-wheeler head-on collision case?
Yes, damages for emotional distress may be included as part of a personal injury or wrongful death claim, especially if the collision caused significant trauma.

Why should I choose Barrett Law, PLLC to represent me in my 18-wheeler head-on collision case?
Jonathan Barrett has decades of experience handling complex 18-wheeler collision cases. He is dedicated to securing maximum compensation for his clients and has a proven track record of success in Mississippi.

Lost a Loved One in a 18-Wheeler Head-on Collision in Mississippi? Call Mississippi 18-Wheeler Head-on Collision Injury Attorney Jonathan Barrett 24/7/365 at (601) 790-1505 for Your FREE Consultation

If you or a loved one has been injured or lost their life in a head-on collision with an 18-wheeler, you don’t have to face this alone. Barrett Law, PLLC represents clients throughout Mississippi, including the Gulf Coast, Jackson, Central, and Northern Mississippi. Jonathan Barrett is committed to fighting for your rights and obtaining the compensation you deserve. Call (601) 790-1505 for a free consultation, available 24/7/365.

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Mississippi Trucking Accident Attorney Talks About Accidents on Rural Roads

This past summer, an early morning head-on collision between a box truck and a van turned into a catastrophic wreck that claimed the lives of eight people. The eight people who lost their lives in the crash were in the van, riding to work. The van is owned by a Mississippi forestry company, and the workers were on their way to a job site in Alabama to cut trees. The passengers in the van were not wearing seatbelts at the time of the collision. The truck was owned by an Alabama company whose ninety-one commercial drivers operate a fleet of eighty-five trucks. Nine crashes involving trucks owned by that same company were reported during the past two years. The van driver received a ticket for not having a driver’s license. At the time of the writing of this article, no other charges were filed in connection with the accident.

The driver of the van survived, as did the driver of the truck. The van driver claims that although he swerved to avoid the box truck, it hit his van. An official investigation into the accident validated the van driver’s claim with a finding that the box truck crossed the center line before colliding with the van on June 3, near Scooba. The truck came to rest on the van, which it had pushed backwards into a guardrail.

Rescue workers who responded to the wreck say that the road where it happened is in a rural area and that drivers must use caution when driving on country roads late at night or in the early morning. The roads in much of rural Mississippi are very dark, and they are two-lane highways with one lane traveling in each direction, separated in most places only by a centerline. That’s not the only danger present on Mississippi’s rural roads, where higher speeds can lead to more forceful collisions than occur in areas where there is more traffic and lower speed limits.

Accident investigation data from across the nation shows that rural roadways like the one where this crash happened are four times as deadly as city streets. Mississippi often tops lists of the most dangerous places to drive, and the amount of rural roads in the state is a major contributing factor. Law enforcement agencies do what they can to keep the road safe, but the number of officers is small, considering the number of miles of roadway that they are responsible for policing. When motor vehicle wrecks occur on Mississippi’s rural roads, there may be a significant delay between the time of the crash and the time someone sees it and reports it, if the driver or passengers cannot report the accident themselves. It may also take rescue workers a while to get from where they are to the site of the wreck, which could be miles and miles away from where they are when they get the call. The crash scene could also be many miles from a hospital, which could mean the difference between life and death in some cases.

To learn about how you can file a claim for damages that you suffered in a Mississippi truck crash, call the knowledgeable Mississippi Trucking Accident Attorney at Barrett Law PLLC, at 1 (601) 790-1505 today.

 

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Experienced Mississippi Personal Injury Attorney Explains Truck Accident Claim Basics

If you have driven the roads of Mississippi, you have seen 18 wheelers, big rigs, or long haul truckers hauling cargo across our state. Most of these drivers are responsible and are actually better drivers than your average passenger car driver. But too often I have had to meet with the family of a person killed or severely injured in a trucking accident. Because of the massive weight of these vehicles, there is no such thing as a minor trucking accident, and they are usually catastrophic.  In my first meetings with families of those injured in trucking accidents, I often review the essential elements of a trucking accident.  Because this is, unfortunately, such an ordinary conversation, I have written the following blog post to help people understand the general overview of a truck accident claim.

If you or a loved one was injured or killed as a result of a trucking accident, you will need to have experienced counsel help you attain your fair share of compensation for your injuries, loss of work, pain and suffering, and recovery. Barrett Law has the experience you need.  Contact us now at (601) 790-1505.

Overview of a Trucking Accident Case

After a trucking accident, the first step is to hire an experienced trucking attorney.  The sooner you hire personal counsel, the better, as an experienced attorney has a team of experts ready to move in and photograph the accident site, take pictures of the vehicles involved, and take statements while witnesses’ memories are fresh.  The longer you wait to hire counsel, the more “stale” all of this vital evidence becomes. Another important task is for your attorney to speak on your behalf while you or a loved one recover.  The trucking company’s insurer will contact you and try to pin down a story, maybe while you are still healing. An attorney acting on your behalf can prevent insurance companies from pestering you with questions while you are trying to recover.  You should not make any statement until you have spoken with your attorney.

Most trucking accident cases are taken on a “contingency fee” basis. This means that you do not pay your attorney for his services.  Instead, your attorney works on your behalf for free but receives a percentage of any judgment or settlement you receive at the conclusion of your case.  If you receive no compensation, your attorney receives nothing as well.

After you retain an attorney, he or she will do a tremendous amount of work investigating the crash, usually with the help of experts.  The goal is to establish that the trucking company was negligent, meaning that they had a duty to protect other motorists from harm and did not act reasonably to meet that duty.

You always have the option to go to trial or settle your case for an agreed-to amount.  While there is far more risk in going to trial—a jury may award you nothing—the financial reward is also potentially much more significant.  The vast majority of cases end in some form of settlement, where the parties agree to a monetary award that satisfies them both. While settlements can also be substantial, they usually represent a dollar amount less than if the plaintiff were to win at trial.

What Should You Do If You or a Loved One Has Been Injured in a Trucking Accident?

If you or a loved one was injured as a result of a trucking accident, you should be compensated for your injuries, loss of work, pain and suffering, recovery and other expenses.  Let experienced personal injury counsel take care of preserving medical records, taking pictures of the accident site, attaining expert opinions, and dealing with the trucking company’s attorneys. These are essential tasks that only a seasoned personal injury attorney can handle for you.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury from a trucking accident or any other kind of accident. Contact our seasoned Mississippi Personal Injury Attorney today at (601) 790-1505.

 

 

 

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Experienced Mississippi Trucking Accident Attorney Explains Tractor Trailer Accident Evidence Issues

Being injured in a trucking accident can be a life-altering or, worse, a life-ending event. Receiving the full compensation you deserve for your loved one’s death, or your injuries, loss of work, and loss of lifestyle will depend in large part on what evidence you can preserve that shows that the trucking company was at fault for your accident. There are many ways a company can be liable, ranging from improperly trained drivers, distracted or sleepy drivers, or poorly maintained trucks. Regardless of the reason for your accident, being made whole will depend on accessing evidence regarding the accident’s cause. The problem is that the evidence in your case—the truck itself, the truck’s black box, and important records—can either be destroyed in the normal course of business or intentionally to weaken your case.

If you have been injured in a trucking accident, you will need to have experienced counsel help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured and knows how to prevent important evidence from being destroyed after a truck accident.  Contact us now at (601) 790-1505.

Types of Evidence in a Trucking Accident

There are a wide variety of sources of evidence in a trucking accident, all of them important:

The Truck—after a crash occurs, it is understandable that the truck that hit you is one of the most important pieces of evidence in your case. However, if it was only lightly damaged, it may be repaired and quickly returned to the road, losing its evidentiary value completely. On the other hand, if it was badly damaged in the accident, it may be scrapped, also ruining its evidentiary value. As a result, it is vital that your team photographs the truck, an effort that must be directed by an experienced trucking accident attorney.

Trucking Company Records—the Federal Motor Carrier Safety Administration mandates that trucking companies keep detailed records of post-accident drug test results, driver logs, personnel files, maintenance logs, and other vital documents. It is crucial that these records be requested immediately after an accident to prevent their destruction or loss.

Truck Data—modern trucks have “black boxes” that record their location, speed, and other data regarding their travel. This is vital to establish how long the driver had been driving without sleep, what speed it was going before impact, and breaking. As you can imagine, this data is vital to proving negligence, the legal standard in this sort of accident case.  Negligence is established when it is shown by a preponderance of the evidence that a truck driver did not reasonably meet the industry or legal standards for safety at the time of the crash.

In the end, it does not matter what the truck driver or trucking company says happened—the evidence your lawyer attains will tell the true story. For a person severely injured in an accident, an attorney’s ability to attain that evidence and understand its technical aspects is critical. Only experienced trucking accident counsel will suffice.

What Should You Do If You or a Loved One Has Been Injured in a Trucking Accident?

If you or a loved one was injured in a truck accident, you deserve compensation for your loss—loss of life, injuries, loss of work, and other pain and suffering. Let experienced counsel take care of preserving trucking company records, attaining expert reports, and dealing with the trucking company’s attorneys. These are important tasks that a personal injury attorney can handle for you while you concentrate on healing.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered a truck-related injury. Contact us now at (601) 790-1505.

 

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Experienced Mississippi Trucking Accident Attorney Explains Common Tractor Trailer Accident Injuries

Anyone who spends any time on Mississippi’s highways knows that they are filled with trucks. Whatever you call them—big rigs, long-haulers, eighteen wheelers—they are large, moving fast, and, unfortunately, prone to devastating accidents. Unfortunately, I frequently meet clients who have been injured or had a loved one killed in an accident with one of these trucks. I am often asked what sort of injuries result from these accidents. The answer is that injuries range considerably, from cuts and scratches to death.  That said, I created the following blog post to describe the most common injuries I see.

If you have been injured in a trucking accident, you will need to have experienced counsel help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

Head Injuries

Head injuries are both the most common and the most misunderstood truck accident injuries.  Because there is no blood or broken bone involved, people often treat concussions lightly and do not think of them as particularly severe. We now know, however, that concussions and other brain trauma have far-reaching, devastating effects on a person. But concussions are only one type of head injuries. Bleeding on the brain, nerve damage, and traumatic brain injuries can all be life-altering. Even if you do not feel that your head was injured in a crash, I advise seeking a medical professional’s assessment immediately after the accident to attain a professional assessment, and baseline data in case problems develop later.

Neck and Spine Injuries

A big rig weighs 70,000 to 80,000 pounds, while an average car weighs about 4,000. That difference in weight can mean incredible force on a car passenger’s body in an accident with a truck. That trauma and force often wreak havoc on the passenger’s neck and spine.

The neck and spine are a series of vertebrae, bones stacked from the buttocks to the bottom of the skull.  Inside the vertebrae is the spinal cord, a thread-like nerve that communicates messages between the brain and the nervous system. The vertebrae are held in place by muscles and ligaments that keep the “stack” of vertebrae in line.

Injuries to the spine can vary greatly in severity but are almost always debilitating for a period. Even minor injuries such as whiplash and strains to the back’s ligaments can mean soreness, loss of sleep, and missed work. More serious injuries, such as cracked or crushed vertebrae can mean years of recovery and even permanent disability. Severing the spinal cord can result in paralysis and death. 

Broken Bones

The force generated by a tractor-trailer accident often results in broken bones.  Breaks can be minor, such as simple breaks in the fingers, nose, or other extremities, or significant, such as skull fractures, broken bones in the back, or bones that are crushed to the point that they cannot heal with time. Compound fractures that break the skin are common and particularly dangerous, as they can result in dangerous bleeding and, later, infection.

Lacerations

Because of the force of a truck hitting your car, there is often broken glass and metal being quickly compressed around the car’s passengers. Those sharp metal or glass pieces can cause significant injury. Lacerations are all varieties of cuts, from minor scrapes or abrasions requiring only a bandage, to large lacerations requiring stitches, to life threatening injuries that sometimes require plastic surgery to repair.

What Should You Do If You or a Loved One Has Been Injured in a Trucking Accident?

If you or a loved one was injured in a truck accident, you might have a claim for compensation for your injuries, loss of work, and other losses. Let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with your employer’s attorneys. These are important tasks that a personal injury attorney can handle for you while you concentrate on healing.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered a truck-related injury. Contact us now at (601) 790-1505.

 

 

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Experienced Mississippi Trucking Accident Attorney Explains How Wind Causes Trucking Accidents

Long haul trucks weigh 70,000 to 80,000 pounds and can move down the highway at high rates of speed. With those factors at play, accidents can be sudden and devastating. One factor in crashes that I commonly see is wind. Given trucks’ incredible weight, many of my clients here do not suspect that wind can play a significant role in trucking accidents, leading to roll-overs, loss of control and loads breaking loose.

If you have been injured in a trucking accident, you will need to have experienced Mississippi counsel help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the trucking accident experience that can mean the difference between attaining your compensation and receiving nothing at all.  Contact us now at (601) 790-1505.

Wind’s Role in Trucking Accidents

It is just plain physics. As Archimedes said, “give me a lever long enough, and a place to stand and I will move the Earth.” The same forces are at play as eighteen-wheelers roll down Mississippi highways. While the truck’s weight is great, so is their trailer’s surface area. As a result, when crosswinds start blowing at 40 miles per hour or greater, the wind catches the trailer like a sail.  The wind uses the trailer as a lever, pushing the heavy mass from side to side. Once a vehicle starts moving from side to side, the oscillation can increase in frequency, causing the vehicle to fishtail. With tractor trailers, the truck’s extreme length compounds this oscillation. Once the truck’s back end starts moving from side to side, it can become incredibly difficult to control. And once a driver loses control, rollovers can cause extreme collisions with much smaller passenger cars.

Are Wind-Related Accidents Preventable?

Wind cannot be prevented, but a driver and company can reduce the odds of a wind-related accident. In a trucking accident, the injured party or plaintiff has to prove that the truck driver or trucking company’s negligence. To establish negligence, the plaintiff has to show that the defendant driver or company failed to take reasonable steps to meet the industry standards for safety. Regarding wind, there are several steps that a driver and company can be expected to take to prevent wind-related accidents.

When I represent a client in a wind-related trucking accident, I always carefully look through the driver and trucking company’s logs to determine several important facts:

Speed—slowing down is the easiest way to prevent wind-related accidents and is also likely to reduce any accident’s magnitude.  I analyze the truck’s black box data to determine whether the trucker was speeding at the time of the crash.

Weather Forecast—did the driver check the weather forecast prior to driving? Did the trucking company send out a weather advisory as wind speed climbed into the 40 mile per hour range?

Pre-Trip Inspection—did the driver conduct a pre-trip inspection? Wind that would normally not cause an accident can wreak havoc on a trailer with loose tarps or an open door. When wind catches open doors or tarps, they act as a sail, pushing the truck dangerously from side to side.

Empty Trailers—usually, heavy trucks are more dangerous than lighter ones, but that is not true in the case of wind. In high wind situations, the empty trailer’s high surface-area-to-weight ratio makes for a particularly dangerous situation. In periods of high winds, truckers should not take empty trailers onto the highway.

These factors may not individually cause a tragic accident, but they often combine and act in concert to cause a tragedy. Similarly, traditional factors in truck accidents—poor truck maintenance, distracted driving, and drowsy driving—can all be exacerbated by wind, when responsiveness is even more critical.

What Should You Do If You or a Loved One Has Been Injured in a Trucking Accident?

If you or a loved one was injured in a truck accident, you deserve compensation for your injuries, loss of work, and pain and suffering. Let an experienced trucking accident attorney take care of preserving truck records, attaining expert opinions, and dealing with the trucking company’s attorneys. These are important tasks that a personal injury attorney can handle for you while you concentrate on healing.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered a truck-related injury. Contact us now at (601) 790-1505.

 

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Trucking Accidents in Mississippi

Images of a Toyota Camry that rear ended a semi-truck this August on Highway 61 North are a disturbing reminder of how dangerous accidents involving tractor trailers and passenger vehicles can be. Even though the truck in this accident was stopped at a red light at the time of the collision, the car suffered serious damage and the five passengers of the car sustained injuries. Damage to the truck was minor.

Accidents involving trucks can be absolutely devastating. For one thing, trucks weigh about 20-30 what passenger vehicles weigh creating a serious risk for people travelling in the smaller vehicles. Additionally, the size and weight of trucks makes them harder to stop. In the event that a truck driver has to stop abruptly, they will continue to travel around 20 to 40 percent farther than a car would. This situation can be even further exasperated by inclement weather. Not surprisingly, when accidents between trucks and passenger vehicles result in fatalities, it is far more likely that the person or people killed will be those in the passenger vehicle. Of course, not every accident involving a truck is the fault of the truck driver as opposed to the other driver.

Truck driving risks

There are certain things about driving a truck that increase the chance of these drivers causing an accident. For instance, commercial truckers often spend long hours behind the wheel of their vehicles. Federal laws regulating trucking allow for drivers to work for up to 11 hours at a time, and 77 hours in a week. As if 11 hours straight behind the wheel was not a long enough stretch, many truck drivers admit that they will at times work even longer than permitted. Maintaining focus for such long periods of time is not easy, which makes the likelihood of fatigue and inattention greater. Add a tired driver into the mix with bad weather and a vehicle that takes much longer than others to stop, and the chances of an accident occurring can increase greatly.

Liability in trucking accidents

The damage caused in trucking accidents is often extremely serious, and when a passenger vehicle and truck collide, the people in the smaller vehicle will likely suffer the brunt of the harm. Even still, in order to show that a truck driver is liable for damages, the driver must have been negligent.  The people or person seeking damages will have to show that the truck driver did not act as a reasonably prudent person would given the circumstances. Of course, it is also possible that the driver of the smaller vehicle negligently caused the accident, in which case the truck driver would not be liable, even if the other vehicle and individuals suffered greatly as a result of the accident. Another possibility is that both drivers were negligent.

In Mississippi, if the injured person was negligent, but the other driver was also negligent, it is still possible for the injured person to collect damages. If the driver of the passenger vehicle was 80% responsible for the accident, and the truck driver was only 20% liable, Mississippi law would permit the injured person to collect 20% of the total damages.

Trucking accidents can lead to extremely serious and costly injuries. If you were involved in an accident with a truck, it is important to speak with the experienced Mississippi Trucking Accident Lawyer at Barrett Law, PLLC to learn your rights, and to develop a strategy for handling your claim.

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Mississippi Trucking Accident Attorney Talks About Accidents Involving Power Lines

Mississippi Trucking Accident Attorney Talks About Accidents Involving Power Lines

Recently, a section of Hewes Avenue in Gulfport was closed for a few hours after a dump truck hit a power pole. The crash caused intermittent power outages in the area near the accident scene, but service got fully restored to most customers within three hours after the incident. As the power company worked to make repairs, police kept the area near the crash scene closed to protect everyone’s safety.

Any vehicle could potentially get into a collision with a power pole. Power lines run along streets all across America, and power poles line the roads almost everywhere we go. It is essential that drivers know how to keep themselves and their passengers safe in the event that they hit a power pole because accidents involving power poles are situations in which what you are likely to think is the right thing to do could be dangerous and deadly.

For example, most people, after getting into a car accident would get out of the vehicle as soon as possible if they were physically able to do so. However, if your car hits a utility pole or collides with a tree or other object that brings a power line down, getting out of your vehicle is usually the wrong thing to do. There are a few situations in which getting out is the better choice, but in most cases, drivers should stay in their vehicle and instruct their passengers to do the same until they get told that the power line has been de-energized.

Drivers need to know that a downed power line is not necessarily a dead power line. If you get in a car accident that takes down a power line, stay in your vehicle until the utility de-energizes the line. Getting out of the car could result in death by electrocution as electricity from the downed power line travels through your body.

It is safe to use your cell phone while you are in your car, so call for help right away. If you can open your window, do so, and shout to warn any people that you see nearby to stay away from the area. Some wrecks involving power poles cause drivers and passengers to have to make risky choices. If your vehicle is on fire or you smell gasoline, you might have to take a risk by exiting the vehicle in an attempt to avoid death by fire or explosion. To give yourself and your passengers the best chance of getting out of the situation alive, hop out of your car with both feet hitting the ground at the same time while every other part of your body does not touch the vehicle. Instruct your passengers to do the same. Similarly, hop with both feet together to get yourself as far away from the source of the electricity as you possibly can.

Barrett Law PLLC:   Help and Hope for the Victims of Mississippi Trucking Accidents

Accidents involving trucks and power lines can cause serious injury, death, and property damage. To learn about how you can file a claim for damages that you sustained as the result of a Mississippi truck crash, call the knowledgeable Mississippi Trucking Accident Attorney at Barrett Law PLLC, at 1 (601) 790-1505 today.

 

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