Your attorneys will request maintenance records from the company and they may even bring in independent experts to assess the state of the truck.
Jackson, MS – Truck accidents are the most dangerous type of crash and it’s easy to see why. When a fully-loaded 80,000 lbs semi slams into a puny 4,000 lbs the latter risks being totaled and the occupants will be lucky to get out alive. Truck accidents are also the most difficult to investigate. You have little chance of getting the damages you deserve without help from experienced Jackson truck accident lawyers.
The most sensitive part is determining who may be liable for your damages. It’s not just the trucker who may be at fault. In a truck accident, you may have more than one liable party which is actually good for you. Determining who’s to blame may be complicated, but it will pay off if you have sustained severe injuries and considerable financial damages. The more parties you can hold accountable, the higher the chances of actually getting that money.
Let’s have a look at the main types of liability in a truck accident
When can you sue the trucker?
If the accident was caused by a driver error, you’ll have to file a claim against the trucker’s insurance. For instance, if the trucker was speeding or tailgating you, he will be solely to blame. The same applies to cases of distracted driving. Truckers are not allowed to reach out for their cell phone, hold it, much less use it to text. They can only use hands-free devices and one-touch dialing. If you suspect the trucker was on the phone, tell your lawyers about it. Your attorneys can subpoena the trucker’s cell phone provider and use the data to prove that the driver was texting or using an app.
When can you sue the trucking company?
Anytime there’s a mechanical failure involved, your Mississippi truck accident lawyers can build a case against the trucking company.
Under federal regulations, trucking companies are required to provide adequate maintenance to their fleet. Trucks must be inspected before they are sent on the road to make sure they’re in good condition. If the crash was caused by a tire blowout or a problem with the brakes system, the company will have to answer for it.
Your attorneys will request maintenance records from the company and they may even bring in independent experts to assess the state of the truck.
You may also be able to sue the trucking company if the trucker is fatigued, intoxicated, or inexperienced. The employer must vet its employees carefully and subject them to random drug and alcohol tests.
When can you sue the shipping company?
The Federal Motor Carrier Safety Administration also has strict rules concerning the way the load must be balanced and secured, to prevent a sudden shift in the trailer. When that happens, the trucker may lose control of the vehicle and an accident is inevitable. If the truck is overloaded, that’s also a violation of safety regulations.
You can hold the shipping company or the cargo owner responsible for your injuries if an accident ensues.
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