Who Can Be Held Liable for a Truck Accident?

• April 20, 2022
• Lingold Spencer
• Truck Accident

Typical auto accidents can result in grave injuries and property damage. However, truck accidents can be even more dangerous. Accidents involving semi-trucks and large commercial trucks result in severe and fatal injuries much more often than auto accidents. According to the Federal Motor Carrier Safety Administration (FMCSA), there were an average of 1.12 fatalities in fatal crashes involving large trucks in 2019, and the majority of the fatalities were not the occupants of the large truck.

Navigating a truck accident case requires specific legal knowledge. There are a variety of issues unique to these particular cases based on the complex nature of the trucking industry, the trucks themselves, and sometimes on the number of vehicles involved in the accident.

Commercial Trucking Regulations

You may be wondering, “Who can be responsible for a truck accident?” The FMCSA is responsible for governing rules and regulations that apply to truck drivers and trucking companies. If drivers and companies do not follow the rules, they can be held liable. The rules are in place to ensure the safety of truckers and the general public.

Faithful Service to Injured Parties of Truck Accidents

At Ringer, Lingold & Spencer, our truck accident attorneys have the experience necessary to secure compensation for semi-truck accident victims and their families. Our Mississippi-proud approach delivers winning results by establishing who was at fault in your accident and making sure you seek appropriate compensation for your injuries.

With offices in Florence, we represent truck accident victims throughout Mississippi. Located between Interstate 20 and I-55, our experienced truck accident legal team is prepared to help you protect your legal rights, working efficiently to negotiate a favorable settlement or prepare your case for trial if settlement is not an option.

How Is Fault Determined in a Truck Accident?

Commonly, police reports, physical evidence and witness statements are used to establish fault in a truck accident. Drivers, companies, mechanics and even the government can be determined to be at fault for things that happened before and after a trucking accident.

After a trucking accident, there is usually an in-depth investigation into the cause of the accident. There are several common causes of truck accidents. These include, but are not limited to:

• Safety violations, including cargo weight limits and hours of service
• Errors in loading cargo, like improper balancing and lack of pressurization of liquid cargo
• Defective components of the truck and trailer
• Improper or inadequate maintenance of the truck, resulting in poor brakes, worn tires, transmission failure or other issues
• Driver error due to inexperience or lack of training
• Speeding
• Tailgating
• Failure to yield
• Truck driver negligence (including driving while impaired)
• Negligence of other drivers.

Trucking accidents can result in a variety of internal and external injuries that affect a person permanently. Broken bones, head injuries, muscle strain and cuts are common. Some of these injuries can be life-threatening or life-altering. Trucks are large, and the force and momentum behind a heavy load can cause massive destruction to personal property and people.

Fatalities can also happen in trucking accidents. If the victim dies as a result of the injuries from the truck crash, a wrongful death claim against the trucking company, the driver and possibly other parties can preserve the rights of the victim. This claim can be filed by a personal representative, surviving spouse, surviving parent or child or surviving siblings.

If the claim results in an award of damages for medical expenses, funeral and burial expenses and compensation for damaged property, the money will go to the victim’s probate estate. In addition, surviving relatives are eligible to be compensated for psychological suffering (such as loss of companionship) as a result of the accident.

It is also possible to receive compensation for future income lost due to the victim’s untimely death. Our team of experienced lawyers understands the nuances involved in trucking accident cases and will make sure to leave no stone unturned.

In Mississippi, there is a specific statute of limitations for personal injury and wrongful death claims. Typically, a claimant has three years from the date of the accident to file a claim for financial compensation. For accidents involving commercial trucks or vehicles owned and operated by a governmental agency or its employees, however, the Mississippi Tort Claims Act stipulates a one-year statute of limitations.

No matter the circumstances surrounding the accident, it is important that an investigation takes place as soon as possible to preserve critical evidence before it disappears. Additionally, you want to make sure that as a victim, you don’t do anything to jeopardize your chance at recovery. To avoid these costly mistakes that could affect your financial recovery, it is advisable to consult a lawyer quickly after the accident.

Contact Florence Truck Accident Lawyers for a Consultation

We Live Here. Work Here. Love Here.

If you have been involved in a truck accident in Mississippi that resulted in injuries or the loss of life of a loved one, you need experienced lawyers on your side. Our Florence trucking accident lawyers will learn more about your situation through a consultation. Our goal is to fight diligently for our clients to recover the compensation they deserve.

Schedule an appointment by calling us at (601) 845-5050 or visit us online at Ringer, Lingold & Spencer. We have experience with other types of personal injury and auto accident cases, as well as trucking accidents, and we are ready to serve clients throughout Mississippi.