Sharing the highways with large commercial tractor-trailers makes many drivers of smaller vehicles uneasy. These feelings are valid because trucking accidents account for a disproportionate share of the fatal road accidents every year, and the smaller cars take the brunt of the damage and injuries. Many people have a hand in putting commercial trucks on the road, which means many opportunities for error or carelessness that could lead to mishaps. When negligence is a factor in a truck crash, an experienced personal injury attorney like David E. Gordon can help hold them liable.
If you have been in a collision with a big rig, you might be entitled to compensation for your injuries. Consult a Southaven truck accident lawyer for advice about the best way to proceed.
Mississippi requires any driver of a vehicle weighing more than 10,000 pounds to hold a commercial driver’s license. There are several classes of commercial licenses and different endorsements that entitle a holder to transport hazardous materials, haul double or triple trailers, and drive a tank vehicle.
Mississippi also restricts the roads that large tractor-trailers can use and bars certain over-sized or overweight vehicles from the State’s highways without a special permit. The State code bars two trucks from driving within 300 feet of each other outside of a business or residential district unless one is passing the other.
Federal laws impose strict work rules on truckers, limiting the number of hours they may drive in a day and a workweek, and mandating breaks and rest periods. Drivers must keep logs that demonstrate their compliance with these work rules. A Southaven big rig collision lawyer can explore whether the trucker and their employer were compliant with all applicable laws and regulations. Failure to comply could be evidence of negligence.
Wrecks involving trucks are often more complicated than collisions between two passenger vehicles. There might be several factors that converged to result in a crash and a local truck accident attorney can work to identify all of the parties who might be liable, such as the driver, their employer, the truck manufacturer, or those who loaded the truck.
Truckers are required to obey all traffic laws and operate their rigs responsibly. A trucker who was speeding, driving recklessly, driving while distracted, or under the influence of alcohol or drugs is negligent, and could have at least partial liability for a crash that injured others.
Trucking companies could be responsible for contributing to an accident. A company that imposes an unreasonable delivery schedule on its drivers could be liable if that schedule induces a driver to speed or ignore the work-hour rules. The company might be liable if it did not train the driver properly or failed to adequately investigate a driver’s record before hiring them. A company that does not maintain its vehicles appropriately could be negligent if shoddy maintenance was an issue in the crash.
Mechanical failure, including the failure of specific parts, could sometimes cause or contribute to a truck accident. If a defective truck part was a factor in a crash, an injured person could seek compensation from the truck’s manufacturer.
A shifting load could cause a trucker to lose control of their vehicle. When an improperly loaded trailer contributed to an accident, an injured person could seek compensation from the company responsible for loading the truck.
An injured person seeking damages after an accident with a truck must show that someone else’s negligence contributed to the incident. David can investigate the circumstances of a crash and ensure that all relevant evidence is preserved, including police reports, photographs and videos, truckers’ logbooks, GPS records, cell phone data, and trucking company personnel records.
Commercial transportation companies have teams of lawyers and insurance adjusters who work all day to limit the amount their clients must pay to the people they injure in the course of their business. If you are a survivor of a crash with a semi, getting the compensation you deserve might not be easy.
A local Southaven truck accident lawyer will fight vigorously to obtain a fair settlement for you, and will not hesitate to bring a lawsuit if negotiations break down. Schedule a free case review with the Law Office of David E. Gordon and get a strong advocate on your side.