After suffering critical injuries in a commercial truck wreck, it is normal to feel confused and worried about how you will get through these trying times. Fortunately, when you have an experienced and compassionate Hernando personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC on your side, you do not need to worry about a thing.
Our firm will handle every legal detail of your case from start to finish so you can devote your time and energy to healing. Contact our team for a free consultation today and learn more about how the truck accident claims process works and the value of your damages.
How Truck Accidents Happen in Hernando
Once you have a dedicated truck accident lawyer in Hernando, MS, at Gatti, Keltner, Bienvenu & Montesi, PLC working for you, we will examine how your motor vehicle accident happened. We need to do this to identify every party who contributed to your injuries.
It is not enough to hold just one party accountable. If multiple parties share the blame, bringing all of them to justice could help increase the compensation you can obtain. With that in mind, here are some of the most common ways truck accidents occur:
Commercial truck accidents commonly occur due to reckless truck drivers. Truck drivers are held to a higher duty of care than other motorists since tractor-trailers are much larger than other vehicles.
Unfortunately, when truck drivers fail to uphold this obligation, devastating injuries can occur. Examples of reckless truck driving could include:
- Failure to use a turn signal
- Failure to drive within the speed limit
- Aggressive driving
- Following too closely
- Falling asleep at the wheel
- Driving under the influence of drugs or alcohol
- Distracted driving
Truck drivers can also be sued if they fail to perform necessary safety inspections or violate Federal Motor Carrier Safety Administration (FMCSA) rules and regulations.
Lost loads are another common way truck accidents happen. There are countless reasons why lost load accidents occur. However, when truck drivers fail to secure the load to the 18-wheeler properly, they can be held accountable if the lost load causes a severe car accident.
Additionally, cargo loaders who did not load the materials being transported properly could also be sued if they did not load the freight safely or cut corners to save time or money.
Defective Truck Parts
Defective truck parts are another common cause of commercial truck wrecks. Braking systems can fail, tires may blow out, or steering columns can malfunction. When a defective or substandard part is used, truck accident victims can suffer life-threatening injuries.
Hazardous road conditions are another way tractor-trailers can cause collisions. When there is debris in the road, road construction zones need to be appropriately secured, potholes are not filled, or there are missing street signs, it is not unusual for crashes to occur.
Your truck accident attorney in Hernando, MS, will conduct an in-depth investigation to determine what caused your commercial truck accident so we can ensure the liable party is held accountable accordingly.
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Potentially Liable Parties in Your Hernando Truck Accident Claim
Examining how the accident happened is done to determine who is responsible for causing it. Your truck accident lawyer will be prepared to move forward with legal action against anyone and everyone who contributed to your injuries. Some of the parties who could be sued in your Hernando truck accident claim include:
Trucking companies are often held accountable when they fail to adhere to FMCSA rules and regulations. To save money or time, they may force truck drivers to violate work-hour rules, overload commercial trucks, or hire truck drivers that need more job experience or training.
Truck drivers that knowingly and intentionally violate FMCSA regulations can also be held accountable for their negligent actions. Truckers that drive unsafely and fail to perform necessary inspections before taking their 18-wheeler out on a trip can also expect to be held accountable in civil court.
The truck parts designers, distributors, suppliers, and manufacturers could all contribute to the injuries that result when defective parts cause truck accidents. The truck’s owner, dealerships, executives, safety inspectors, and maintenance workers could also share fault for malfunctioning truck parts.
Suppose cargo loaders do not adequately secure loads, perform necessary safety inspections, or try to save time by overloading an 18-wheeler. In that case, they could be held accountable in civil court for their negligence.
Government Agencies and the City of Hernando
Dangerous road conditions may be one of the top causes of commercial truck accidents. The government agencies and municipalities in charge of maintaining the roads may leave themselves open to financial liability. The city of Hernando, Mississippi Department of Transportation, and government-contracted employees could all share the blame if road hazards contributed to your truck accident.
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Important Mississippi Personal Injury Laws to Note
Mississippi has several personal injury laws you should be aware of before you decide to pursue your case. Your Hernando truck accident attorney will be by your side to help you understand how these laws could impact the outcome of your case:
Do not be surprised if the liable party accuses you of sharing fault for your truck accident damages. However, since Mississippi follows modified comparative negligence laws, as long as your liability is not greater than 50%, you can recover your damages at a reduced compensation rate in proportion to your percentage of the blame.
For instance, if you were not wearing your seatbelt when hit by a tractor-trailer, the judge might find you 5% liable for your damages. If the jury awarded you $1 million, your settlement would be reduced by 5%, leaving you with a total payout of $950,000.
Statute of Limitations
Ensure your Mississippi truck accident lawsuit is filed within the statute of limitations. This means you have up to three years from the accident date to get your claim filed within the Hernando civil court. The court system can refuse to hear your case if you do not submit your case before this deadline.
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You should never be forced to absorb the financial implications of another party’s negligent actions. With help from an experienced Hernando truck accident lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC, you can fully recover your damages and ensure the liable party compensates you fairly for your suffering.
Hold them accountable to the fullest extent of the law when you contact our office for a free, no-obligation consultation. You can reach us by phone or through our quick contact form to get started on your case today.