A truck accident can be complex and devastating events, often leading to severe injuries and significant property damage. One key aspect that affects the outcome of a truck accident claim is the potential involvement of multiple liable parties. The Mississippi Truck Accident Attorneys at Langston & Lott, PLLC, explore who may be held responsible in a truck accident and answer some frequently asked questions about liability in these cases.
Truck Accident Facts
In 2023, Mississippi experienced 1,832 large truck accidents, with 49 resulting in fatalities and 53 total fatalities, along with 997 injuries.
Here’s a more detailed breakdown:
- Total Large Truck Accidents: 1,832
- Non-Fatal Accidents: 1,783
- Fatal Accidents: 49
- Total Fatalities: 53
- Total Injuries: 997
Understanding Liability in Mississippi Truck Accidents
Liability refers to the legal responsibility for causing an accident and its subsequent damages. In truck accidents, several parties may share this responsibility, including:
- Truck Driver: The most obvious party who may be liable is the truck driver. If the driver acts negligently—such as driving under the influence, distracted driving, or violating traffic laws—they can be held responsible for the accident, and their employer can be held vicariously liable for their negligence meaning their employer would be financially responsible for their negligence.
- Trucking Company: The company that owns the truck often carries liability due to the negligence of its driver, its hiring practices, training protocols, and overall work environment. The company can also be liable for failing to maintain the vehicle properly or pressuring the driver to violate safety regulations.
- Cargo Loaders: If the cargo is improperly loaded, leading to an imbalance or restricted visibility, the individuals or companies responsible for loading the truck could share liability.
- Manufacturers: If a truck part, such as brakes or tires, malfunctioned due to defects in design or manufacturing, the manufacturer of that part could be liable for damages.
- Maintenance Providers: If the truck was serviced or maintained by a third-party provider and their negligence contributed to the accident, they may also bear some responsibility.
- Other Drivers: In some cases, other motorists or pedestrians may contribute to the accident, thereby sharing the liability depending on their actions leading up to the incident.
Factors Determining Multiple Liabilities
Determining whether multiple parties are liable in a truck accident requires careful investigation of the circumstances surrounding the crash. Factors include:
- Eyewitness statements
- Police reports
- Traffic cam videos
- Vehicle videos
- Maintenance records
- Driver logs
- Expert analyses of the vehicle and accident scene
Our experienced truck accident lawyers are skilled at investigating crash scenes to collect evidence for truck accident personal injury cases. We also work with crash scene investigators, law enforcement, and other experts to help build the strongest case for your personal injury claim.
FAQs About Liability in Truck Accidents
Can I file a claim against multiple parties?
Yes, if multiple parties are found to be liable for the truck accident, you can file claims against each of them. Each liable party may contribute to the total damages based on their level of responsibility.
How is fault determined in a truck accident?
Fault is determined through a thorough investigation that looks into the actions of each party involved, traffic laws, and evidence presented during the claim process.
What if I am partially at fault for the accident?
Mississippi follows a pure comparative negligence system (Mississippi Code Section 11-7-15), meaning that even if you are partially at fault for an accident, you can still recover damages, although your compensation will be reduced proportionally to your assigned percentage of fault. For example, if a jury were to award you $100,000 but find you 20% at fault, then your actual recovery would be $80,000 (i.e., it would be reduced 20% for your percentage of fault).
Do I need a lawyer to navigate multiple liable parties?
It is highly advisable to consult an attorney experienced in truck accident claims, especially when multiple parties are involved. An attorney can help investigate the accident, gather evidence, negotiate with insurers, and represent your interests in court, if necessary.
What kind of compensation can I pursue?
Depending on the extent of your injuries and damages, you may pursue compensation for medical expenses, lost wages, pain and suffering, and any long-term impacts on your quality of life.
Get Help with MS Truck Accidents
When involved in a truck accident, understanding the potential for multiple parties to be liable is crucial. If you or someone you know has been affected by a truck accident, a Mississippi Truck Accident Lawyer from Langston & Lott, PLLC, can help you understand your rights and explore your options. We can also provide guidance on establishing liability and navigating the complexities of your claim. For further assistance or to discuss your case, please contact our team at (662) 888-8888. We are here to help you find a path toward recovery.