Oxford Truck Accident Attorneys Serving Clients in Oxford & Throughout Mississippi
The truck accident lawyers at Roberts Wilson, P.A. have extensive experience helping victims recover the compensation they deserve after a serious crash in Mississippi. It is important to understand that truck accident cases are specialized claims that often require very different handling than the average car wreck.
If you were hurt in a truck crash, you need a lawyer you can trust to protect your best interests and pursue the maximum compensation you need and deserve. Our attorneys know the hardships you may be facing during this difficult time and we are committed to helping our clients recover the full and fair compensation to which they are entitled under Mississippi law.
Contact the truck accident lawyers at Roberts Wilson, P.A. online or at (662) 533-9111 today for a FREE case evaluation. Our experienced attorneys serve clients across Mississippi, including Oxford, Holly Springs, Batesville, Pontotoc, Desoto & Tate counties, and other areas.
Why Should I Hire a Truck Accident Attorney?
Hiring an attorney after a truck accident in Mississippi can provide numerous benefits and increase your chances of obtaining a fair and just outcome. Here are several reasons why hiring a truck accident lawyer is advantageous:
Knowledge and Experience
Truck accident lawyers have in-depth knowledge of Mississippi laws, regulations, and legal processes specifically related to trucking accidents. They understand the complexities involved in these cases and have experience handling similar claims, allowing them to navigate the legal system effectively.
Investigation and Evidence Gathering
A skilled truck accident lawyer will promptly launch an investigation into the crash, collecting crucial evidence such as accident scene photos, witness statements, video footage, and expert opinions. They have the resources and network to gather evidence that supports your claim and strengthens your case.
Determining liability in a truck accident case can be complex, as multiple parties may share responsibility, including the truck driver, trucking company, maintenance provider, and others. A lawyer will thoroughly assess the facts, examine relevant records, and consult with experts to identify all liable parties and hold them accountable.
Negotiating with Insurance Companies
Insurance companies representing the trucking company or other parties involved in the accident may employ tactics to minimize their liability and offer low, inadequate settlements. A truck accident attorney can handle all communications with insurance companies, advocating for your rights and ensuring that you receive fair compensation for your injuries, damages, and losses.
Determining the true value of your case requires a comprehensive evaluation of both economic and non-economic damages. Experienced lawyers understand the types of damages applicable in truck accident cases and work diligently to calculate the full extent of your losses, including medical expenses, lost wages, pain and suffering, and future medical needs.
If a fair settlement cannot be reached through negotiations, a truck accident lawyer will be prepared to take your case to court. They have the litigation skills and courtroom experience necessary to present your case effectively, cross-examine witnesses, and advocate for your rights before a judge and jury.
Peace of Mind and Support
Dealing with the aftermath of a truck accident can be overwhelming, especially while recovering from injuries and managing other aspects of your life. By hiring a truck accident attorney, you can focus on your physical and emotional recovery, knowing that a legal professional is handling your case, protecting your interests, and seeking the compensation you deserve.
It is important to consult with a reputable truck accident lawyer as soon as possible after a wreck to ensure that important deadlines are met and evidence is preserved. The knowledgeable attorneys at Roberts Wilson, P.A. understand the pain, trauma, and financial hardships you may be facing. We can provide compassionate, personalized guidance based on the specifics of your case, and maximize your chances of a successful outcome and fair compensation for your damages.
Types of Evidence Used in a Truck Accident Claim
In a truck accident case, various types of evidence can be crucial in establishing liability and proving damages. Here are some common types of evidence used:
- Accident Scene Evidence: This includes photographs or videos of the accident scene, skid marks, debris, and any property damage. It helps recreate the circumstances and dynamics of the accident.
- Police Reports: Official reports filed by law enforcement officers at the accident scene contain valuable information, including details of the accident, statements from involved parties, and any citations or violations issued.
- Eyewitness Testimony: Statements from individuals who witnessed the accident can provide critical firsthand accounts of what transpired, including the actions of the truck driver, the conditions at the time of the accident, and any other relevant details.
- Expert Opinions: Expert witnesses, such as accident reconstruction specialists, forensic engineers, or medical professionals, may provide their professional analysis and opinions regarding the cause of the accident, the extent of injuries, or the adherence to industry standards.
- Electronic Logging Device (ELD) Data: Commercial trucks are often equipped with ELDs that record information such as driving time, speed, and rest breaks. This data can be used to determine if the truck driver violated federal regulations, such as hours-of-service rules.
- Maintenance and Inspection Records: Records of truck maintenance and inspections can help determine if the vehicle was properly maintained and if any mechanical issues contributed to the accident.
- Driver Logs and Records: Truck drivers are required to maintain logs documenting their driving hours, rest breaks, and other relevant information. These records can reveal if the driver exceeded the legally permitted driving time or violated other regulations.
- Company Records: Records from the trucking company involved, including hiring practices, training protocols, safety policies, and disciplinary records, can be examined to determine if negligence or non-compliance played a role in the accident.
- Video Footage: Surveillance cameras, dashcam footage from vehicles, or footage from nearby businesses or traffic cameras may capture the accident or provide additional evidence regarding the actions of the truck driver or other parties involved.
- Medical Records: Medical reports, treatment records, and expert medical opinions are essential to establish the extent and nature of injuries suffered by the victims, as well as the associated medical expenses, ongoing treatment needs, and impact on the victims’ lives.
It’s important to consult with an experienced truck accident attorney who can help gather and preserve relevant evidence to build a strong case. The attorneys at Roberts Wilson, P.A. can effectively navigate the legal process and ensure that all necessary evidence is properly presented to support your claim.
Why Are Truck Accident Claims More Complex?
Truck accident claims are generally more complex than typical car accident cases due to several key factors:
Severity of Injuries and Damages
Truck accidents often result in more severe injuries and extensive property damage compared to car accidents. The sheer size and weight of commercial trucks significantly increase the force of impact, leading to more catastrophic injuries and a higher likelihood of fatalities. Dealing with severe injuries requires a thorough understanding of medical evidence, long-term prognosis, and the associated costs of ongoing medical treatment and rehabilitation.
Multiple Parties Involved
Truck accidents typically involve multiple parties, each potentially sharing liability. Apart from the truck driver, other potentially responsible parties may include the trucking company, vehicle maintenance providers, cargo loaders, truck manufacturers, and more. Identifying all liable parties requires extensive investigation and understanding of the intricate relationships within the trucking industry.
Federal and State Regulations
The trucking industry is subject to a comprehensive set of federal and state regulations governing driver qualifications, hours of service, vehicle maintenance, cargo loading, and more. Navigating these complex regulations and understanding how they apply to a specific accident case requires specialized knowledge and expertise.
Trucking companies often carry substantial insurance coverage to protect themselves in the event of accidents. These insurance policies typically involve higher policy limits than those in typical car accident cases. Understanding the intricacies of trucking insurance policies, including multiple layers of coverage and potential conflicts between policies, is crucial for maximizing the available compensation.
Gathering evidence in truck accident cases is more complex than in car accident cases. It may involve obtaining black box data from the truck, securing records of maintenance and inspections, reviewing driver logs and employment records, and analyzing other relevant documents. Additionally, preserving and collecting evidence promptly is crucial as some records may be destroyed or altered over time.
Successfully handling truck accident claims requires familiarity with the trucking industry, including industry practices, safety standards, and common issues faced by truck drivers and companies. This specialized knowledge is essential for building a strong case and effectively negotiating with defense attorneys and insurance companies.
Due to these complexities, it is highly recommended to seek the assistance of an experienced truck accident attorney who understands the unique challenges associated with these cases. They can navigate the legal intricacies, gather the necessary evidence, and advocate for your rights to ensure you receive fair compensation for your injuries and damages.
“I was in an accident involving someone driving under the influence. The insurance company wasn’t being fair. This firm immediately started working on my behalf when I called them and did a great job. I would definitely use them again. Emily was great to work with.”
Common Causes of Truck Accidents in Mississippi
Truck accidents can occur due to various factors, and some common causes include:
- Driver Fatigue: Long hours on the road without adequate rest can lead to drowsy driving, impairing a truck driver’s ability to react and increasing the risk of accidents.
- Distracted Driving: Any activity that diverts a driver’s attention from the road, such as texting, talking on the phone, eating, or using electronic devices, can significantly increase the chances of a truck accident.
- Impaired Driving: Driving under the influence of alcohol, drugs, or certain medications can severely impair a truck driver’s judgment, coordination, and reaction time.
- Speeding: Excessive speed reduces a driver’s control over the vehicle, increases the distance required to stop, and amplifies the severity of the impact in the event of a collision.
- Improper Loading or Cargo Securement: Incorrectly loaded or unsecured cargo can cause a truck to become unstable, leading to rollovers, jackknifes, or loss of control.
- Poor Vehicle Maintenance: Neglecting regular maintenance and inspections can result in mechanical failures, such as brake failures or tire blowouts, which can cause accidents.
- Adverse Weather Conditions: Driving in rain, snow, ice, fog, or other challenging weather conditions can make it more difficult for truck drivers to maintain control of their vehicles.
- Failure to Follow Traffic Laws: Violating traffic laws, such as running red lights, improper lane changes, or failure to yield the right of way, can lead to serious accidents involving trucks.
- Inadequate Training or Inexperience: Insufficient training or lack of experience in handling large commercial vehicles can make it difficult for truck drivers to navigate safely on the road.
- Equipment Failure: Malfunctioning or defective truck components, such as brakes, tires, steering systems, or lights, can contribute to accidents.
It’s important to note that each truck accident is unique, and multiple factors may contribute to a single incident. Identifying the specific causes requires a thorough investigation by professionals familiar with truck accident cases.
Common Injuries After a Truck Accident
Truck accidents can result in severe and life-altering injuries due to the large size and weight disparity between trucks and other vehicles. Some common injuries sustained after a truck accident include:
- Traumatic Brain Injuries (TBIs): The impact of a truck collision can cause head injuries, leading to concussions, contusions, or more severe TBIs, which can result in long-term cognitive, physical, and emotional impairments.
- Spinal Cord Injuries: The force of a truck accident can cause damage to the spinal cord, resulting in paralysis, loss of sensation, or limited mobility. Spinal cord injuries often have a profound impact on a person’s quality of life.
- Bone Fractures: The high impact and force involved in a truck accident can lead to fractures in various bones, such as the arms, legs, ribs, pelvis, or skull. Fractures may require extensive medical treatment, including surgeries and rehabilitation.
- Internal Organ Injuries: The blunt force trauma experienced in a truck accident can cause damage to internal organs, such as the lungs, liver, kidneys, or spleen. Internal injuries can be life-threatening and may require immediate surgical intervention.
- Soft Tissue Injuries: Whiplash, sprains, strains, and tears to muscles, ligaments, and tendons are common in truck accidents. These injuries can cause pain, limited mobility, and long-term complications if not properly treated.
- Burn Injuries: If a truck catches fire or there is a hazardous material spill, occupants of vehicles involved in the accident may suffer burn injuries, which can range from minor to severe and may require extensive medical care and rehabilitation.
- Emotional and Psychological Trauma: Truck accidents can result in emotional distress, post-traumatic stress disorder (PTSD), anxiety, depression, and other psychological injuries that can have a significant impact on a person’s mental well-being.
- Wrongful Death: Unfortunately, truck accidents can result in fatalities. The catastrophic nature of truck collisions increases the risk of fatal injuries for occupants of smaller vehicles involved in the accident.
It is important to seek immediate medical attention following a truck accident, even if your injuries are not immediately apparent. Some injuries may have delayed symptoms or may worsen over time. Consulting with healthcare professionals and legal experts experienced in handling truck accident cases can help you receive appropriate medical treatment and pursue the compensation you deserve for your injuries and losses.
How Long Do You Have to File a Claim?
In Mississippi, the statute of limitations for filing a truck accident claim is generally three years from the date of the accident (see Mississippi Code section 15-1-49). This means that you usually have only three years from the date of the truck accident to initiate a lawsuit seeking compensation for your injuries and damages.
It is important to understand that the statute of limitations is a strict deadline, and if you fail to file your claim within this timeframe, you may be barred from pursuing legal action and seeking compensation for your injuries.
There can be exceptions or variations to the statute of limitations depending on the specific circumstances of your case, such as cases against government entities. It is generally in your best interest to consult with an experienced truck accident attorney in Mississippi right away to understand the specific deadlines and requirements that apply to your situation.
While three years may seem like a long time, taking prompt action and consulting with an attorney as soon as possible after a truck accident is crucial. This allows sufficient time to gather evidence, investigate the crash, and build a strong case for maximum compensation. Waiting until the last moment to file a claim can jeopardize your chances of obtaining fair compensation and may limit the options available to you.
How Long Does a Truck Accident Claim Take?
The duration of a truck accident claim can vary depending on several factors, such as:
- Medical Treatment and Recovery: The first priority after a truck accident is to seek necessary medical treatment and focus on recovery. The duration of medical treatment can vary significantly depending on the severity of injuries and individual circumstances.
- Investigation and Evidence Collection: Thorough investigation is necessary to gather evidence, including accident scene analysis, witness statements, expert opinions, and documentation of liability. The time required for investigation can depend on the complexity of the case and the availability of evidence.
- Insurance Claim and Negotiations: The duration of settlement negotiations can vary depending on the willingness of the insurance company to cooperate and the complexity of the case. It is important not to rush into a settlement before fully understanding the value of your case.
- Litigation (if necessary): If a fair settlement cannot be reached through negotiations, the case may proceed to litigation. This involves filing a lawsuit, engaging in the discovery process, attending hearings, and potentially going to trial. Litigation can significantly extend the duration of a truck accident claim.
The overall timeline for a truck accident claim in Mississippi can range from several months to a couple of years or more, depending on the factors mentioned above. The specific circumstances of your case, such as the complexity of liability issues and the willingness to negotiate, can impact the timeframe of your case.
It is important to consult with an experienced truck accident attorney in Mississippi who can assess the details of your case and provide a more accurate estimate of the expected timeline. The proven attorneys at Roberts Wilson, P.A. will guide you through the legal process, protect your rights, and work towards achieving a fair resolution for your injuries and losses.
How Much Compensation Can I Get After a Truck Accident Claim?
Compensation in a truck accident claim, like in other accident claims, is based on injuries, pain and suffering, medical bills, lost wages, and other considerations. However, there is usually a lot more insurance when a heavy truck is involved. Generally speaking, heavy trucks traveling through Mississippi will carry at least $1,000,000.00 in coverage. Depending on the seriousness of your injuries, you will want to be sure you have compiled every penny’s worth of the evidence proving your harms and losses before you discuss settlement.
Settling too early can be a disaster because you simply don’t know the lay of the land. At Roberts Wilson, P.A., we know the lay of the land, what to expect, and the right questions to ask.
The potential compensation for a truck accident victim in Mississippi can vary greatly depending on the specific circumstances of the case. Several factors are taken into consideration when determining the amount of compensation, including:
- Severity of Injuries: The extent and severity of the victim’s injuries play a significant role in determining the potential compensation. Severe injuries that result in long-term or permanent disabilities, extensive medical treatment, or ongoing care needs generally warrant higher compensation.
- Medical Expenses: The past and future medical expenses incurred as a result of the truck accident, including hospital bills, surgeries, rehabilitation, medications, therapy, and any necessary assistive devices, can contribute to the compensation amount.
- Lost Wages and Loss of Earning Capacity: Compensation may include the loss of income and earning capacity caused by the victim’s inability to work during recovery or due to permanent disabilities resulting from the accident.
- Pain and Suffering: Non-economic damages, such as physical pain, emotional distress, mental anguish, loss of enjoyment of life, and disfigurement, can be considered in calculating compensation.
- Property Damage: Compensation may include the cost of repairing or replacing damaged property, such as the victim’s vehicle or personal belongings.
- Punitive Damages: In some cases involving egregious negligence or intentional misconduct by the trucking company or driver, punitive damages may be awarded. These damages aim to punish the defendant and deter similar conduct in the future.
It is important to note that there is no fixed or predetermined amount for compensation in truck accident cases. Each case is evaluated individually, and the compensation is determined based on the specific circumstances and damages suffered by the victim.
To understand the potential compensation you may be entitled to in your specific case, it is recommended to consult with an experienced truck accident lawyer in Mississippi. At Roberts Wilson, P.A., our attorneys will assess the details of your case, evaluate the damages, and help you pursue the full and fair compensation to which you may be entitled under the law. We are committed to helping our clients move forward after a wreck with strength and dignity.
Can I Still be Compensated if I Was Partially at Fault?
Yes, it is possible for someone to be compensated for a truck accident in Mississippi even if they were partially at fault. Mississippi follows a legal principle known as comparative negligence or comparative fault. Under this principle, the compensation awarded to an injured party is proportionally reduced based on their percentage of fault in the accident.
Mississippi follows a pure comparative negligence system. This means that even if you are 99 percent liable for the accident and the other driver is one percent liable, you can still recover damages (see Miss. Code § 11-7-15).
For example, if a court determines that the injured party was 30% at fault for the truck accident and the total damages awarded are $100,000, the injured party’s compensation would be reduced by their percentage of fault. In this case, the injured party would receive $70,000 (70% of the total damages), reflecting the reduction based on their 30% fault.
It is important to note that insurance companies and defense attorneys may try to shift more fault onto the injured party to minimize their liability. This makes it crucial to have legal representation from an experienced truck accident attorney who can protect your rights, gather evidence to establish liability, and advocate for your fair compensation, even if you are partially at fault.
Consulting with a knowledgeable truck accident attorney will help you understand how comparative fault may affect your specific case and the potential compensation you may be entitled to. They will guide you through the legal process and work towards maximizing your recovery based on the circumstances of the accident.
Should I Accept the Insurance Company’s Offer After a Truck Accident?
Do not accept the insurance company’s offer after a truck accident unless you have consulted with a competent attorney experienced in handling trucking cases. Failing to properly investigate a trucking claim can result in leaving significant compensation on the table. At Roberts Wilson, P.A., we have the expertise to investigate your case and determine its true value.
Remember that insurance adjusters work for the insurance company, prioritizing the company’s bottom line over your interests. It is important to seek advice before providing a recorded statement, as innocent-sounding statements can be used against you later. Adjusters may also take advantage of your vulnerable state, such as when you are on pain medication or in the hospital.
When dealing with the insurance company on your own, it is crucial to understand that they are not on your side. They should be treated as adversaries from the beginning, as anything you say can and will be used against you to save the insurance company money.
To ensure your rights are protected and to maximize your compensation, consult with an experienced attorney who can advocate for your best interests and navigate the complexities of a truck accident claim.
If you were hurt in a trucking crash, you may be facing high medical bills, disability, and unexpected time away from work. It is important to talk to a Mississippi truck accident lawyer at Roberts Wilson, P.A. right away.
Don’t face your injuries alone. Contact Roberts Wilson, P.A. today online or at (662) 533-9111 for a FREE case evaluation. We proudly help our neighbors Oxford, Holly Springs, Batesville, Pontotoc, Desoto & Tate counties, and other areas in Mississippi and beyond.