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.
