The United States’ economic infrastructure is widely spread. Trucks have become an essential part of local and national operations. Today you can find trucks transporting goods from manufacturers to storefronts, garbage trucks disposing of our waste, and dump trucks paving the way for future development.
That said, while trucks are essential to daily operations, they can be dangerous. If a truck strikes a pedestrian, bicyclist, or motorcyclist, that negligence can result in life-altering consequences. Recovering from a truck accident takes a considerable amount of time and money.
Related expenses can rapidly drain a victim’s financial resources. That is why victims need to discuss their cases with a Southaven personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC. A Southaven truck accident lawyer with our team can help facilitate a survivor’s successful recovery.
A Variety of Trucks Travel the Roads of Mississippi
Most people will think of commercial and semi-trucks when they think of truck accidents. However, there are several other trucks on the road. These might include:
- Fire trucks
- Garbage trucks
- Delivery trucks
- Big rigs
- Dump trucks
While commercial trucks are the most common culprits in roadway collisions, you can be in an accident with any of the above trucks. Depending on the type of truck, there will be specific laws for your claim. For a free legal consultation with a truck accident attorney serving Southaven, call our office.
Different Types of Southaven Truck Accidents
Many contributing factors can cause a truck accident. We must identify the specific cause of your collision so we can identify the liable party. The causes we see over and over are:
- Prescription drug use
- Construction sites
- Driver fatigue
- Not stopping at stop signs, crosswalks, or a traffic signal
- Faulty brakes
These are just a few examples. There are many other ways a truck accident can happen. Our in-depth investigation will determine the cause of your truck wreck and provide valuable evidence to support your case.
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What Parties Can Be Liable for a Truck Accident?
Trucks of all kinds have different state and federal guidelines they must adhere to. When they do not, it leaves families devastated. These regulations will determine how much a truck can carry, how long a driver can work, and who can get a trucking license.
Because there are so many people involved with a truck’s operations, it is not always clear which of these parties – or what combination thereof – you can name at fault for your losses. Some of the most common parties to appear in truck collision complaints include the following:
- The trucking company
- An independent truck driver
- Freight brokers and shippers
The Trucking Company
When a truck company is in charge of the operation of the vehicle and the driver, they are liable for anything the driver does. The driver is not exempt from liability since they also play a role in truck accidents. Southaven truck accident lawyers can file a claim against both parties in these cases.
An Independent Truck Driver
There are cases where a truck driver is independently employed. For this classification, the driver will own and operate the truck. If a trucking company or other entity is involved in the vehicle’s operation, then the driver is not a fully independent contractor. When you are in an accident with an independent trucker, they will bear sole responsibility for your accident and damages.
Freight Brokers and Shippers
A truck driver will have a freight broker who assigns specific cargo to them. When the freight broker makes a mistake in giving freight to the wrong truck, it can cause weight problems. The truck will tip over, or the cargo can fall off.
Some shippers are involved in the loading process. They can mistakenly overload a commercial truck to meet a shipping deadline. Shippers can also tell the truck driver the cargo is safe and secure when it is not.
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Ways to Recover Compensation for Truck Accident Victims
Although the truck accident claims process can be overwhelming, it affords you multiple opportunities to recover the compensation that you deserve. First, you may have the option of filing a claim with the insurance company. Mississippi auto insurance laws are fault-based, so you will file a claim with the liable party’s insurance provider as opposed to filing a claim against your personal auto insurance policy.
However, insurance is rarely enough. It only covers payouts up to the highest limits of the policyholder’s claim, which means the liable party determines how much you can recover through an insurance claim. Insurance companies are also known for misrepresenting policy terms, delaying claim processing, and fighting to reduce payouts wherever possible.
Thankfully, with help from a truck accident lawyer in Southaven, MS, you can go up against the insurance company and explore alternative options. If insurance settlements are insufficient, our team will be ready to move forward with a personal injury lawsuit against those responsible. This way, you can receive total compensation for your damages.
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How to Deal with the Insurance Company
The best way to deal with the insurance company after a truck accident is to have your attorney handle it. After everything you have been through, you should not have to deal with a profit-motivated insurance provider. You may also be at risk of being taken advantage of during this difficult time in your life.
Insurance companies only make money by paying out as little as possible on claims. For this reason, you can expect them to do everything they can to reduce your settlement. Having your attorney step in and negotiate with insurance adjusters on your behalf may be the best way to show them you are taking your claim seriously and will not be tricked into settling for less than you deserve.
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Compensation Available for Truck Accident Claims
When you file a claim against a negligent party, you will recover compensation for your losses and damages. There are economic and non-economic options available depending on your specific circumstances. The possible types of payment you can obtain include:
- Medical treatment
- Pain and suffering
- Lost wages and income
- Permanent disability
- Loss of enjoyment
- Loss of guidance and companionship
However, there are also other types of damages you could be awarded. Some may be recovered through an insurance claim. Others will need to be sought after through a truck accident lawsuit.
Other Recoverable Damages
You can make other compensation claims depending on the stress and loss you suffer from an accident. For example, a spouse who loses a partner can file a claim for loss of consortium. In some cases, there is also the possibility of filing an emotional distress claim.
If a loved one passes away from a truck crash, the next of kin will be eligible to file a wrongful death claim. It is our job to ensure that your claim for compensation addresses all of those avenues through which a semi-truck accident has caused you financial stress. We can work with you to hold those parties at fault accountable for their roadway misconduct without making it more difficult for you to pursue a comprehensive recovery.
Punitive Damages in Southaven Truck Accident Claims
If your injuries appear particularly severe or require specialized treatment options, a judge can award you punitive damages. You cannot request these damages in your complaint. Rather, only a judge can give you the right to receive said damages upon winning your trial.
These damages are meant to help you address the aftermath of a liable party’s gross negligence. Complete a free case evaluation form now. Meet with our team and discuss how we can calculate the financial compensation you may be owed after your semi-truck collision.
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Southaven Truck Accidents and the Serious Injuries They Cause
Trucks come in all shapes and sizes, which means they will cause catastrophic injury to those involved in an accident. You may be unable to recover to your pre-accident physical state because you have suffered a permanent impairment. Truck crashes will commonly result in these injuries:
- Broken bones or fractures
- Spinal cord trauma
- Spinal disc injuries
- Loss of limb
- Open head wounds
- Soft tissue injuries
- Scars and burns
It is important to work with medical professionals to determine the severity of these conditions. They can also evaluate what kind of impact these conditions may have on your day-to-day life. We can then integrate your expected expenses into the aforementioned estimate of your accident’s value.
Deadlines to File a Truck Accident Claim in Mississippi
Truck accident injuries are devastating, and it cannot be easy to focus on your case’s legalities when trying to heal. Unfortunately, there are statutes of limitations that you cannot miss when you are filing a claim for accident damages. Depending on who is liable for your accident, you can have only a year to file a claim.
According to Mississippi Code §15-1-49, you will have three years from the accident date to file a claim. If you file a claim after these deadlines, you will lose all of your rights to compensation. The court will not extend these deadlines and will not even look at your case if it is past a deadline.
You must move quickly to file a claim. If you are concerned that you may not have the means to bring your complaint forward within the allotted time, let a truck crash lawyer in Southaven know as soon as possible. A truck accident attorney in Southaven, MS can turn your complaint around on a tight deadline and help you bring your concerns regarding liable parties before a civil judge.
Contact a Southaven Truck Accident Attorney Today
Following a severe auto accident with a semi, you need a truck accident lawyer in Southaven, MS, with experience fighting for accident victims. After everything you have been through, you deserve maximum financial compensation for your suffering. Our attorneys are here to advocate for your rights.
Contact a dedicated personal injury attorney for help. You can reach Gatti, Keltner, Bienvenu & Montesi PLC for an initial consultation today by calling our office or completing our contact form. We can help you address the financial burden of your accident by fighting for your right to fair compensation.