Why Truck Accident Cases Are More Complex Than Car Accidents
Tough representation for truck crash victims in Mississippi
Many personal injury lawyers handle car accident cases. A smaller number of lawyers handle truck accident cases. That’s because truck accidents are much more complex, often involve more defendants, and are more likely to be contested. At Merkel & Cocke, P.A., we have more than 200 years of experience and working relationships with the trucking industry to handle complex truck accident cases. Our Mississippi truck accident lawyers can anticipate the arguments the insurance companies will make to try to deny or limit your claim.
To assert your right to compensation for yourself or your family (if a loved one dies in a trucking accident), call us today. We move quickly to preserve evidence (like black boxes), question witnesses, file claims against everyone responsible, and fight for the full compensation you deserve.
Multiple liable parties in truck accidents
Unlike car accidents, which often only involve a driver, truck accident cases often involve multiple defendants. At Merkel & Cocke, P.A., we file claims against everyone responsible for truck accidents, including the following:
- The driver of the truck. Drivers may be liable for speeding, distracted driving, driver fatigue, driver intoxication, and many other reasons.
- The truck driver’s employer. Employers may be vicariously liable (liable because an employee was negligent in the scope of their employment) or liable because of the employer’s own negligence (such as by failing to vet or train their drivers).
- The companies involved in the shipment. These may include a broker who arranges the shipment, the company requesting the shipment, and the company receiving the shipment.
- The owners of the truck. Owners may be large fleet companies, single vehicle owners, or owners of all other sizes.
- Maintenance and repair companies. These companies may be liable for failing to properly inspect the truck, make timely and quality repairs, or remove the truck from service until timely repairs can be made.
- Sellers of alcohol. Sellers of alcohol are generally shielded from liability under Miss. Code Ann. § 67-3-73 for lawful sales, but limited liability may exist in narrow circumstances involving unlawful/prohibited sales (such as to minors), if the unlawful sale proximately causes the crash.
- Truck manufacturers. The manufacturers of defective tires, brakes, hydraulic systems, and other truck parts may be liable if the defective products are the cause of a truck accident.
- Governmental entities. Governmental entities may be liable for negligent road design or maintenance, but such claims are subject to the Mississippi Tort Claims Act (Miss. Code Ann. § 11-46-1 et seq.), which imposes notice requirements, immunities, and damages caps.
- Loading and unloading companies. These companies may be liable for overloading cargo or failing to properly secure truck cargo.
Each defendant is likely to have their own insurance carrier and defense lawyer. Some defendants may be based in states other than Mississippi.
Federal and state regulations
Our Mississippi truck accident lawyers understand the various federal trucking laws and Mississippi truck laws that govern safe truck driving. Some of these laws/regulations include the following:
- FMCSA rules. These rules regulate:
- The hours of service of a driver (how many hours a driver can operate a commercial truck before taking a mandatory rest period).
- The use of electronic logging devices (ELDs) to record hours-of-service duty status, including driving time.
- Truck driver qualifications.
- Alcohol and drug use testing.
- Truck inspection requirements. These include pre-trip inspections and regular safety inspections.
- Cargo securement and other transportation safety requirements related to loading and unloading (see 49 C.F.R. Part 393).
- State-level compliance. These include weight and dimension requirements and other truck safety requirements. These include CDL requirements, truck maintenance and inspection requirements, insurance requirements, state and local route requirements, and other regulatory requirements.
Severe injuries and higher damages
Truck accidents often cause more serious injuries and fatalities than car accidents because truck accidents involve much more force, due to their weight and size. Trucks need more time and distance to stop. Many types of truck accidents are unique to trucks or more common to trucks. These types of truck accidents include jackknifes, rollovers, wide-turn accidents, blind spot accidents, unsecured cargo accidents, and other types of accidents.
Catastrophic injuries due to truck accidents include traumatic brain injuries, spinal cord damage, broken bones, traumatic amputations, burn injuries, organ damage, and other life-changing injuries.
According to federal crash data, approximately 6,000 fatal crashes in 2022 involved large trucks and buses.
Our Mississippi truck accident lawyers file personal injury claims for victims who suffer catastrophic, permanent, chronic, or severe injuries. We file wrongful death claims when truck accidents are fatal.
Corporate defense teams and insurance
Trucking companies, their lawyers, and their defense lawyers are more likely to fight your liability and damage claim than their counterparts are likely to fight car accident claims for several reasons.
Truck accident claims are generally worth more than car accident claims. Injured drivers, passengers, pedestrians, and bicycle riders are likely to have more medical bills, lost wages, and pain and suffering. The more money that is at stake, the more there’s likely to be a contest.
The plus side of multiple defendants is that there is normally more insurance coverage. The downside is that the defendants are likely to work together to contest your claim. Additionally, each defendant is likely to blame the others, making settlements more difficult.
Evidence complexity
Often, more objective evidence is involved in commercial trucking liability cases because trucks often have more software tracking devices or more legal obligations to track the performance of the drivers and trucks.
Your truck accident lawyers must move quickly to preserve and examine this physical evidence, which may include:
- Black box data
- Electronic driver logs
- Truck inspection and maintenance records
- The cell phone records of the drivers
- The contracts between the various companies involved in the shipment
- The insurance policies of each defendant
- The damage to the vehicles
- Police reports
Why experience matters in truck accident claims
At Merkel & Cocke, P.A., we’re able to handle complex truck accident cases for the following reasons:
- We work with investigators who can quickly examine the truck accident site, speak with witnesses, and inquire with local businesses whether they have any video of the accident.
- We work with traffic reconstruction experts, product safety experts, and others, who can examine and analyze black box data, electronic logging devices, and other evidence - to show how truck accidents happen, why they happen, and who is responsible.
- Medical reviews. We work with your doctors and our network of doctors to verify your injuries, review all the medical care you need, document your medical bills, and understand all the ways your injuries are affecting every day of your life.
- Financial damages. We work with experts who can verify your lost income and the cost to fix or replace your vehicle.
- Wrongful death damages. We work with experts who can explain what wrongful death damages families have when truck accidents are deadly.
- Jury trial experience. Our lawyers are experienced trial lawyers, which helps settle cases (because insurance companies respect our abilities in the courtroom) and helps convince juries of the merits of your case.
Do you have a Mississippi truck accident lawyer near me?
Yes. We have offices at the following locations:
- Clarksdale Office. 30 Delta Avenue
- Greenville Office. 540 Main Street, ICON Building, Suite 302
- Jackson Office. 2630 Ridgewood Road, Suite D
- Meridian Office. 2121 5th Street, Suite 205
- Oxford Office. 2084 Old Taylor Road, Suite 110
Our trial lawyers also speak with new clients by phone and through online video platforms. We can make arrangements to see you at your home or another location if your injuries prevent you from traveling.
We’re here to explain your rights and fight for all the compensation you deserve.
Contact our experienced truck accident attorneys now
Time is critical in truck accident cases. We need to examine the physical evidence before that evidence is altered. Our team can work to ensure that you’re seeing the right doctors and to investigate the accident site. The sooner we’re involved, the better.
At Merkel & Cocke, P.A., we’re ready to fight for your future. Please phone us or use our contact form to schedule a free consultation. We handle truck accident claims on a contingency fee basis.