Truck Accident Lawyers in Biloxi

On Interstate 10 as well as South Mississippi’s local highways, driving alongside big rigs and other large trucks is unavoidable—a necessary hazard you might say. That’s because large trucks have unique characteristics which may contribute to motor vehicle accidents if truck drivers fail to operate their vehicles safely. Understanding the differences between big rigs and regular passenger cars can help prevent truck accidents. Being aware of bad practices in the trucking industry can help us understand how and why so many truck accidents occur.

At Gardner Law Firm, we have extensive experience with truck accident cases in Mississippi. Our lawyers have a strong track record of success going up against even the most well-funded adversaries, including trucking companies and their armies of high-priced attorneys. We work closely with our clients to fully assess the unique circumstances of the case and determine the best path toward a favorable resolution.

Accident cases involving 18-wheelers and other large commercial trucks can become very complicated, because there are often multiple parties that are responsible. For example, an accident may be the fault of the driver, the trucking company, those who service the vehicle, the vehicle (or vehicle part) designer, manufacturer, supplier, or distributor, or more than one of these. We go to work immediately to get to the bottom of what happened and preserve vital information that will be needed to help prove the case. This puts our clients in the best possible position to secure full compensation.

What Must be Proven to Win a Trucking Accident Claim?

Winning a trucking accident claim is a significantly more complex undertaking than a typical car accident lawsuit. While both involve proving negligence, commercial trucking accidents introduce a labyrinth of federal regulations, multiple potential defendants, and often, catastrophic injuries.

The sheer size and weight of commercial trucks mean that collisions frequently result in severe damage, serious injuries, or even fatalities, escalating the stakes for all parties involved. Understanding what must be proven is paramount, and this is where the expertise of a seasoned truck accident lawyer in Biloxi, Mississippi becomes invaluable.

One of the most complicating factors in truck accident claims is the fact that there are often multiple parties that could have contributed to the crash.

Unlike a two-car fender bender where fault might be straightforward, a commercial truck accident can involve a chain of responsibility stretching from the driver to the manufacturer. The most obvious responsible party would be the truck driver, who could be automatically at fault for breaking federal regulations, speeding, and/or driving recklessly or aggressively. However, a comprehensive investigation often uncovers negligence far beyond the driver’s immediate actions.

The Truck Driver

Negligent behavior of a trucker, such as speeding, distracted driving (e.g., cell phone use), driving under the influence of drugs or alcohol, or aggressive driving, may be the direct cause of an accident. To prove the driver’s negligence, evidence such as police reports, traffic citations, witness statements, dashcam footage, and data from the truck’s electronic logging device (ELD) or “black box” are crucial. The ELD records can reveal hours of service violations, speeding, hard braking, and other critical data points.

Beyond driving conduct, a driver of a commercial truck also bears the responsibility to inspect if the rig is maintained and loaded with cargo in a proper manner. Federal Motor Carrier Safety Administration (FMCSA) regulations require pre-trip, en-route, and post-trip inspections. In case any maintenance issue or a cargo shift is found responsible for a truck accident, and the driver failed to identify or report it, the truck driver may bear some responsibility. A diligent truck accident lawyer in Biloxi, Mississippi will scrutinize the driver’s logbooks and inspection reports.

The Trucking Company

A trucking company is responsible for the truckers it employs to drive its fleet of trucks under the legal doctrine of respondeat superior (let the master answer). This entails answerability for its hiring and training policies, like verifying a trucker’s FMCSA records for any violations and diligently maintaining records of proper training. Negligent hiring could involve employing a driver with a history of accidents, DUI convictions, or a poor driving record. Negligent training might involve failing to adequately train drivers on safety protocols, hazardous materials transport, or specific truck operations.

Sometimes, an inspection of a company’s records may reveal how the company cuts corners on hours of service (HOS) limits stipulated by FMCSA, or requirements for truck inspection and maintenance. Pressure from the company to meet unrealistic deadlines can lead drivers to falsify logbooks or drive while fatigued. Furthermore, trucking companies have a legal obligation to ensure their fleet is properly maintained.

Evidence of neglected maintenance, such as worn tires, faulty brakes, or malfunctioning lights, can directly implicate the company. Proving the trucking company’s liability often requires extensive discovery, including reviewing driver qualification files, maintenance records, dispatch logs, and internal communications. This is a complex area where a truck accident lawyer in Biloxi, Mississippi can make all the difference.

Cargo Shipping and Loading Contractors

Some companies hire other carriers to ship cargo for them on contract. Each entity in a contractual arrangement, be it the cargo shipper, loader, or transporter, is responsible to follow government regulations related to cargo securement. They may be held liable if proven negligent in their duties. Improperly loaded or secured cargo can shift during transit, causing the truck to become unstable, leading to rollovers, jackknives, or loss of control. This can be especially dangerous on curves or during sudden braking.

If a problem with cargo, for instance, a cargo shift causes an accident, records of all the entities involved with the cargo may need to be scrutinized. This includes bills of lading, loading manifests, and any documentation related to the securement process. Proving liability here involves demonstrating that the cargo was improperly loaded or secured, and that this negligence directly caused or contributed to the accident.

Third-Party Vendors

Big trucking companies with extensive operations may outsource their work to several vendors. The outsourcing could be in many areas of operations, including administrative work like recruitment of drivers or maintenance work like upkeep and repair of trucks. For example, a third-party mechanic shop that performed shoddy brake repair, or a company contracted to perform mandatory safety inspections that missed critical defects, could be held liable.

Any vendor may be held legally liable if any negligence on their part is proven to be the cause of a truck accident. This requires tracing the specific service provided by the vendor, proving their negligence in performing that service, and establishing a direct causal link between their negligence and the accident. This can involve expert testimony regarding industry standards and the quality of the work performed.

Truck and Spare Parts Manufacturers

Sometimes, the failure or malfunction of the truck itself or one of its components, such as brake failures, tire blowouts, or steering system defects, may result in a truck accident. Usually, this could be the result of poor maintenance, but if it turns out that the malfunctioning component had a manufacturing defect, the manufacturer of the particular part and even the distributor may be held accountable under product liability laws.

Product liability claims can be based on design defects, manufacturing defects, or a failure to warn consumers about potential dangers. Proving a manufacturing defect requires showing that the product was unreasonably dangerous when it left the manufacturer’s control. This often necessitates the involvement of forensic engineers and product experts to analyze the failed component. A dedicated truck accident lawyer in Biloxi, Mississippi will have the resources to pursue these complex product liability claims.

Government Agencies

If a road hazard like a broken pavement, an unmarked construction zone, inadequate signage, or a soft shoulder is the cause of a truck accident, the government entity responsible for maintaining that stretch of the highway may be held liable. This could be a state Department of Transportation, a county road commission, or a municipal public works department.

A negligent government contractor hired for maintenance could be held responsible too, if their failure to maintain the road properly created a hazard that led to an accident. Suing a government entity, however, comes with its own set of challenges, including strict notice requirements and the doctrine of sovereign immunity, which limits the government’s liability. Proving liability against a government agency requires demonstrating that they had a duty to maintain the road, breached that duty, and that their breach directly caused the accident.

Recoverable Damages after a Truck Accident in Mississippi

When a person is involved in a collision with a large commercial vehicle, the physical, emotional, and financial impact is often much greater than a typical passenger car accident. Mississippi law allows victims to seek compensation for the losses they have sustained. Understanding what you can recover is a critical step in the recovery process.

Medical Costs and Future Healthcare Needs

The most immediate concern after a truck crash is medical treatment. Because of the size and weight of commercial trucks, injuries are frequently severe. You are entitled to seek reimbursement for all medical expenses related to the accident. This includes the cost of the initial ambulance ride, emergency room visits, hospital stays, and any surgeries required to stabilize your condition.

However, recovery often extends far beyond the initial hospital visit. Many victims require ongoing physical therapy, medications, and medical equipment like wheelchairs or ramps for their homes. If your injuries are permanent or require long-term care, you can also seek compensation for future medical costs. Estimating these costs typically involves looking at your current treatment plan and determining what care will be necessary for the remainder of your life.

Lost Income and Reduced Earning Capacity

A serious injury often prevents a person from returning to work immediately. If you have missed shifts, lost bonuses, or been unable to perform your job duties while recovering, you can seek “lost wages.” This is intended to replace the money you would have earned had the accident not occurred.

In some cases, a truck accident results in a disability that prevents a victim from ever returning to their previous line of work. When this happens, you may pursue damages for “lost earning capacity.” This refers to the difference between what you were capable of earning before the injury and what you are capable of earning now. For example, if a manual laborer suffers a spinal injury and can only perform sedentary desk work for lower pay, the law allows for the recovery of that lifelong financial gap.

Property Damage and Out-of-Pocket Expenses

Trucking accidents often result in the total loss of a personal vehicle. You are entitled to the fair market value of your car or the cost of repairs, whichever is applicable. Additionally, you can recover the costs of a rental car while your vehicle is being serviced or replaced.

Beyond the vehicle itself, other personal property damaged in the crash—such as cell phones, laptops, or expensive car seats—is also compensable. Keep receipts for any out-of-pocket expenses you incur, such as the cost of transportation to medical appointments or hiring help for household chores you can no longer perform yourself.

Pain and Suffering

Non-economic damages, commonly referred to as pain and suffering, account for the physical pain and discomfort caused by the crash. Unlike a medical bill, there is no set price tag for physical agony. Mississippi courts look at the severity of the injury, the length of the recovery period, and the overall impact on the victim’s quality of life.

This category also includes “emotional distress.” Victims of truck accidents often suffer from anxiety, depression, or post-traumatic stress disorder (PTSD) following a violent collision. If the accident has caused you to lose the ability to enjoy hobbies, spend time with family, or live a pain-free life, these intangible losses are a significant part of your claim.

Disfigurement and Permanent Impairment

Many truck accidents lead to scarring or the loss of a limb. In Mississippi, victims can seek specific damages for disfigurement. This recognizes the psychological and social impact of carrying visible reminders of a traumatic event. Similarly, if you lose the use of a body part or a sense (such as vision or hearing), you can seek damages for permanent impairment. These awards are meant to provide some level of redress for the permanent alteration of your physical self.

Wrongful Death Damages

Tragically, some truck accidents are fatal. In these instances, the surviving family members can file a wrongful death lawsuit. Recoverable damages in these cases include funeral and burial expenses, the medical bills incurred by the deceased prior to their passing, and the loss of financial support the deceased provided to the household. Families may also seek compensation for the “loss of companionship” or “consortium,” which addresses the emotional void left by the loss of a spouse, parent, or child.

Statutory Limits and Deadlines

It is important to be aware that Mississippi places certain caps on non-economic damages. For most civil cases, there is a $1 million limit on pain and suffering and other non-monetary losses. However, there is generally no cap on economic damages like medical bills and lost wages.

Furthermore, the “statute of limitations” is a strict deadline for filing a claim. In Mississippi, you generally have three years from the date of the truck accident to file a lawsuit. If the accident involved a government-owned vehicle, this deadline may be significantly shorter. Missing this deadline usually means you lose the right to recover any compensation at all.

The Importance of Documentation

To successfully recover these damages, evidence is required. You should maintain a thorough file containing all medical records, pay stubs, repair estimates, and a daily journal detailing your pain levels and physical limitations. This documentation serves as the foundation for proving the extent of your losses to an insurance company or a jury.

The Critical Role of Evidence and a Truck Accident Lawyer in Biloxi, Mississippi

Proving these elements in a truck accident case requires meticulous evidence collection and analysis. Key pieces of evidence include:

Police Reports: Initial documentation of the accident, often including preliminary findings on fault.
Witness Statements: Accounts from individuals who saw the accident occur.
Black Box Data/ELD Records: Electronic data from the truck providing crucial information on speed, braking, hours of service, and more.
Maintenance Logs: Records detailing the truck’s inspection and repair history.
Driver Qualification Files: Information on the driver’s training, licensing, and employment history.
Drug and Alcohol Test Results: Mandatory post-accident tests for truck drivers.
Accident Reconstruction Reports: Expert analysis of the accident scene and vehicle damage to determine how the crash occurred.
Medical Records: Documentation of injuries, treatment, and prognosis.
Expert Testimony: Opinions from medical professionals, accident reconstructionists, trucking industry experts, and economists.

Navigating the complexities of federal trucking regulations (FMCSA), state laws, and the various layers of potential liability requires legal knowledge. Trucking companies and their insurance providers have vast resources and legal teams dedicated to minimizing payouts. Without a strong advocate, injured parties can find themselves at a significant disadvantage.

A truck accident lawyer in Biloxi, Mississippi will conduct an independent investigation, preserve critical evidence, identify all potentially liable parties, and build a compelling case. They understand the nuances of trucking industry standards and regulations, and how to leverage them to prove negligence.

From negotiating with insurance companies to representing clients in court, a dedicated legal professional ensures that victims receive the compensation they deserve for their injuries and losses. The path to winning a truck accident claim is arduous, but with the right legal representation, justice can be achieved.

The important facts and pieces of evidence will be used to help prove several key elements:

Duty of Care: The first element that must be proven is that the defendant(s) owed you a duty of care. For example, all motorists owe a duty to operate their vehicles safely and follow all traffic laws. For commercial truck drivers, these laws include federal regulations such as the requirement to take a break after a certain number of hours driving. Trucking companies might also owe an implied duty to take reasonable measures to properly train their drivers and make sure they operate their vehicles safely.
Breach of Duty of Care: The second element that must be proven is that one or more parties violated (or “breached”) their duty of care through negligence or reckless actions. A breach could be something like driving while intoxicated or texting while driving, or it could be something another party did, such as a shipping company that loads the truck beyond the allowed weight capacity.
Causation: Once you have established duty of care and breach of said duty, you will need to show that this breach was the proximate cause of the accident you were involved in. In other words, negligence or recklessness on the part of one or more parties led directly to the big rig truck accident. To successfully prove causation, you will need substantial evidence and the ability to make a strong argument, as well as the ability to effectively rebut the arguments of the opposing counsel.
Damages: Finally, you will need to prove that the accident you were involved in resulted in compensable damages. These may include damages for direct economic losses such as medical costs, lost earnings, and property damage, as well as damages for noneconomic losses such as pain-and-suffering, emotional distress, and diminished quality of life.

Truck Braking Time & Turning Radius

Long braking time and limited turning radius are two major causes of truck accidents in Mississippi and nationwide. It takes large trucks about 1.5 seconds more to brake than a passenger vehicle. Because of this lag, a big rig needs the length of one or two football fields to come to a complete stop once the truck driver steps on the brake.

Keep this in mind when passing a tractor trailer on the highway. Simply because you have cleared the front of the truck does not mean it is safe to return to the right-hand lane. You should wait until you are at least three or four car lengths ahead of the truck before you make your lane switch. Then, the truck will not be forced to slow down in order to maintain a safe distance behind you in the event you are both required to stop.

Tractor trailers also require a much larger area to negotiate a turn than passenger vehicles. For example, if an 18-wheeler is making a right turn, it must first move into the left lane in order to achieve the necessary clearance to make the turn. A passenger vehicle may try to pass on the right, not realizing the driver of the truck is also making a right. In the worst case scenario, the passenger vehicle then gets trapped beneath the trailer’s rear tires and crushed.

Questionable Practices in the Trucking Industry: The 2025 Outlook

The commercial transportation sector remains the undisputed backbone of the U.S. supply chain. While the original 2017 data noted impressive growth, the industry’s economic impact has grown significantly, though recent years have seen market corrections. In 2024, despite a modest tonnage decrease, the industry generated an estimated $906 billion in gross freight revenues (down from $1.004 trillion in 2023 due to market volatility), moving 11.27 billion tons of freight. Critically, trucking accounts for more than 80% of the nation’s freight transportation costs. This immense economic pressure—the need to move goods quickly and cheaply—unfortunately continues to prioritize the bottom line over driver well-being and public safety, creating systemic risks that are magnified by modern challenges.

The core issues—unrealistic deadlines, driver fatigue, and inadequate oversight—have evolved into complex problems exacerbated by chronic driver shortages, technological loopholes, and a heightened legal landscape characterized by multi-million-dollar “nuclear verdicts.”

1. The Crisis of Driver Fatigue and Regulatory Loopholes

Truck driver fatigue remains the leading cause of truck accidents, a risk that has become more insidious despite regulatory attempts to curb it.

ELDs and Creative Non-Compliance: The Federal Motor Carrier Safety Administration (FMCSA) mandated Electronic Logging Devices (ELDs) to replace traditional paper logs, aiming to enforce Hours of Service (HOS) rules and prevent drivers from exceeding their maximum allowable driving time (11 hours after 10 consecutive hours off-duty). While ELDs provide robust data, fleets and drivers still find ways to circumvent them.

ELD “Spoofing” and Manipulation: Sophisticated methods of circumventing ELDs—such as using multiple devices, driving “unassigned” miles, or exploiting devices with weak security—persist. The FMCSA has addressed this by revoking the status of multiple non-compliant ELD devices in 2025 and strengthening its certification process to ensure data integrity, especially in preparation for litigation.
The Driver Shortage Effect: The U.S. continues to face a significant truck driver shortage, projected to reach 115,000 by 2025. This structural shortfall places immense pressure on existing drivers. Carriers often assign increased workloads and tighter turnaround windows, compelling drivers to push the limits of their legally regulated hours, resulting in chronic sleep deprivation.
Untreated Medical Conditions: Undiagnosed and untreated Obstructive Sleep Apnea (OSA) is a pervasive issue. While regulations require screening for certain medical conditions, systemic failures in mandatory testing and follow-up allow drivers with severe, fatigue-inducing conditions to remain behind the wheel.

2. Unrealistic Deadlines and the Nuclear Verdict Phenomenon

The drive for speed is fundamentally tied to the industry’s economic model, where just-in-time delivery and fast logistics are competitive advantages. This prioritization of velocity over prudence often manifests in reckless driving behaviors.

Recklessness Under Pressure: Drivers forced to meet economic deadlines—especially those working for smaller, less-regulated carriers—are often observed speeding, tailgating, and performing aggressive maneuvers. The inherent danger of an 80,000-pound vehicle being driven recklessly is now being reflected in courtrooms across the nation.

The Rise of Nuclear Verdicts: A defining challenge for the industry in 2025 is the proliferation of “nuclear verdicts”—jury awards exceeding $10 million, or “thermonuclear verdicts” over $100 million. These massive judgments often result not just from the accident itself, but from the discovery phase of litigation, which exposes the carrier’s systemic negligence:

Negligent Hiring and Retention: Companies are aggressively targeted for negligent hiring if their driver had prior moving violations, drug/alcohol history, or was hired despite failing training checks. The driver shortage encourages carriers to lower hiring standards to fill seats, creating a direct link between labor scarcity and liability risk.
Negligent Supervision: Juries impose massive punitive damages when they see evidence that a trucking company ignored warnings from its own telematics (speeding alerts, harsh braking events) or failed to act on non-compliance flags revealed by in-cab cameras. The failure to train or discipline drivers based on this data is viewed as willful indifference to safety.
Spoliation of Evidence: Trucking companies are obligated to preserve all relevant data (ELD logs, dashcam footage, dispatch records) immediately following a serious crash. Any attempt to alter, delete, or “lose” this data is viewed by juries as an admission of guilt, often dramatically increasing the punitive component of a verdict.

3. Technology, Distraction, and Substance Abuse

While technology offers safety solutions, it also introduces new risks when combined with the driver’s environment.

Distracted Driving in the Connected Cab: The challenge of distraction has shifted from simple texting to complex interactions with in-cab technology. The proliferation of dispatch tablets, ELD interfaces, navigation screens, and communication devices can create a cognitive burden on drivers, pulling their focus from the road. The issue of boredom during long, monotonous stretches also leads to unauthorized smartphone use, which advanced telematics and inward-facing dashcams are now specifically used to monitor.

DUI/DWI and the Drug & Alcohol Clearinghouse: Substance abuse, including the use of both alcohol and illegal stimulants (“uppers”) to manage brutal schedules, remains a critical safety failure. The FMCSA’s Drug and Alcohol Clearinghouse has been instrumental in keeping drivers who have failed or refused drug tests off the road by requiring carriers to check the database. However, this system relies heavily on carriers’ commitment to reporting and compliance. Continued vigilance is necessary to prevent drivers from simply cycling between non-compliant small carriers that neglect background checks.

4. Vehicle Integrity and Maintenance Failures

The sheer mileage accumulation of commercial vehicles demands rigorous maintenance, yet corporate pressure frequently leads to critical oversights.

Negligent Truck Maintenance: Under the continuous pressure to keep trucks operational, maintenance departments often cut corners. This can involve skipping federally mandated inspection points, delaying necessary repairs, or using substandard parts. The Vehicle Maintenance Basic (VMB) metric in the FMCSA’s Safety Measurement System (SMS) tracks violations like tire integrity, brake system failures, and lighting deficiencies. High VMB scores flag a carrier for intervention, but accidents caused by brake failure or bald tires due to deferred maintenance still occur frequently, illustrating a systematic failure to follow through on safety commitments.

The Product Liability Connection: Faulty vehicle parts—ranging from tire blowouts due to manufacturing defects to complex software malfunctions in advanced braking systems (AEB)—continue to cause catastrophic accidents. As truck technology becomes more automated and digitized (incorporating features like Automatic Emergency Braking and stability control), the complexity of these parts increases. When a motor vehicle defect contributes to a crash, the resulting product liability claim can involve designers, manufacturers, and even software developers, holding companies accountable up the entire supply chain.

Call Gardner Law Firm for Help after a Truck Accident

If you have sustained a personal injury in a truck accident, contact Gardner Law Firm for a free consultation or talk to us via chat. Our attorneys have more than 35 years of experience representing injury victims in Biloxi, Pascagoula, and all along Mississippi’s Gulf Coast.

We also handle the following cases:

D’lberville truck accident cases

Hattiesburg truck accident cases

Pascagoula truck accident cases

Gulfport truck accident cases

Ocean Springs truck accident cases

Moss Point truck accident cases