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.
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
In 2017, companies spent a record $1.5 trillion on shipping products, up 6.2% from the previous year. Trucking industry revenues also hit a record high that year of $676 billion, and the industry now accounts for more than 7% of the U.S. Gross Domestic Product (GDP). The commercial trucking industry is booming, but unfortunately, those at the top seem to be more concerned with their bottom line than ensuring the safety of their drivers.
In addition to the unavoidable dangers of the road and the difficulty of operating a big rig, certain practices within the commercial trucking industry may contribute to the frequency of truck accidents. For example, trucking companies often emphasize speed of delivery over safety, causing truck drivers to engage in risky driving behaviors to log miles and meet deadlines.
Some of the most common causes of truck accidents include:
- Truck Driver Fatigue: One of the leading causes of truck accidents is driving while drowsy or fatigued. Truck drivers are particularly susceptible to drowsy driving, because they drive for long periods of time, often by themselves and during evening and overnight hours. Under these conditions, it can be very difficult to keep from getting tired. Trucking companies do not help matters when they give drivers unrealistic deadlines that force them to stay out on the road longer than they should just to keep their schedule.
- Meeting Unrealistic Deadlines: Truck drivers must meet economic deadlines, often causing them to take unnecessary chances like speeding and driving recklessly.
- Distracted Driving: In today’s electronic age, just about everyone is tempted to send texts and use their smartphones for other activities while behind the wheel. For truckers, it is often just a matter of being bored and needing something to keep them occupied for the many hours that they are on the road. But just sending a text for a few seconds while driving 55 miles per hour is roughly the equivalent of driving an entire football field blindfolded. This is why more and more auto accidents these days are attributable to distracted driving.
- DUI/DWI: Truck drivers tend to put in long hours on the road. Unfortunately, some drivers turn to alcohol to take the edge off. Another problem is drivers becoming addicted to ‘uppers’ that help them stay awake.
- Unevenly Loaded/Overloaded Trucks: In order to stay on schedule, trucks are sometimes loaded in a hurry. This can result in trucks becoming overloaded or weighted too much to one side or the other, which is a common cause of trucks being tipped to the side or rolling over.
- Negligent Truck Maintenance: 18-wheelers and other commercial trucks log thousands of miles on the road every month. For this reason, it is critical that they be properly serviced to maintain their safety. Under pressure to keep their trucks on the road, those responsible for maintenance are sometimes tempted to cut corners, putting truckers (and others they share the road with) in greater danger.
- Motor Vehicle Defects: Faulty vehicle parts are another contributor to truck accidents. Examples include computer system malfunctions, brake line leaks, tire blowouts, and many others. When a product defect contributes to a trucking accident, it may be possible to file a product liability claim against the designer, manufacturer, or another party within the product’s supply chain.
- Inadequate Hiring Practices: Trucking companies have a need for labor and sometimes cut corners when hiring. Truckers are supposed to go through a certain amount of training and meet other requirements before they are put on the road, but unfortunately, these guidelines are not always followed.
Trucking companies are required to keep accurate records with details of every haul their drivers make. If you have been injured or a loved one was killed in a collision with an 18-wheeler, big rig, or tractor trailer, one of the first things we will do is secure the truck company’s records as well as police reports and toxicology exams.
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