Like most states, Mississippi follows a fault-based rule when it comes to motor vehicle collisions. Victims of car crashes have the right to pursue an insurance claim or lawsuit against the driver responsible for the accident. This rule applies to private motorists as well as drivers of large commercial trucks.
Determining liability after a Mississippi truck accident can be a challenge. In these situations, it is important to understand how to prove a truck accident claim and gather important evidence to establish your right to compensation.
Proving Liability after a Truck Accident
Because Mississippi follows a fault standard when it comes to car accidents, liability depends on who caused the collision to occur. If you are injured in a truck accident, you could pursue an insurance claim or lawsuit against the party responsible for the collision.
To successfully prove a truck accident claim, you will need to show that the at-fault party’s actions caused your accident and resulting injuries. You and your lawyer will need to gather enough evidence to prove four important facts.
- The at-fault party owed you a duty of care.
- The at-fault party breached his or her duty of care.
- The at-fault party’s breach of duty caused your truck accident.
- You sustained damages as a result of the accident that you could collect in your lawsuit.
Who Is Liable for a Truck Accident?
Multiple parties may be liable for a Mississippi truck accident, including truck drivers, their employers, and vehicle manufacturers.
Truck drivers have a duty to follow traffic laws, operate their vehicles safely, and adhere to federal trucking regulations. If the accident occurred due to the negligence of the truck driver, you could file a lawsuit or insurance claim against the driver.
Examples of truck driver negligence include the following.
- Driving under the influence
- Fatigued driving
- Distracted driving
- Running red lights
- Failure to yield the right of way
Companies are liable for the actions of their employees while they are performing their job duties. If the driver is an employee of the trucking company, you could likely name the entity in your lawsuit or pursue a claim under its insurance policy.
You can also file a claim against the company if its negligence caused your accident. Violations of federal trucking regulations and other negligent acts may lead to an accident, such as pressuring drivers to operate more hours than allowed.
Some truck accidents occur due to defective vehicles or vehicle components. If your collision was caused by a defective product, you could file a product liability lawsuit against the manufacturer of the product. You could also name the distributor and retailer in your claim.
Seek the Help of a Mississippi Truck Accident Attorney
Determining liability after a truck accident can be a challenge, especially with a recent injury. In these situations, it is important to consult with a lawyer who can represent your case and help you identify the at-fault party.
Your lawyer can launch a full investigation into your accident and determine who was responsible for the collision. If the trucking company refuses to hand over evidence, your attorney can subpoena important information that you can leverage to prove your case.
As soon as possible following your accident, contact a Gulfport truck accident attorney to discuss your case. Following your consultation, your attorney will take the first steps toward identifying the at-fault party and crafting a compelling case in your favor.