Commercial vehicle accidents are often more complicated than regular car crashes because they involve larger vehicles, serious injuries, and often, multiple parties. Proving fault in a Mississippi commercial vehicle collision can be a difficult process, but it is necessary to ensure that the victims of these crashes receive the compensation they deserve. Understanding how to prove fault can help make a case stronger and lead to a fair resolution. This guide will explain the steps involved in proving fault and how different factors play a role in these cases. At, Brad Morris Law Firm, PLLC , we are here to guide you through the legal process and help you navigate the complexities of your case.
Brad Morris
Attorney
Understanding Commercial Vehicle Collisions
A commercial vehicle is any type of vehicle used for business purposes, including trucks, delivery vans, and buses. These vehicles are much larger and heavier than standard passenger cars, which can lead to more serious accidents and injuries when they are involved in crashes. Because of the size and weight difference, the damage caused by a commercial vehicle accident can be significant. This is why determining who is at fault is so important. Without proof of fault, victims may not be able to recover compensation for their injuries, property damage, or lost wages.
The Role of Negligence in Proving Fault
In most vehicle accident cases, including commercial vehicle collisions, proving fault often centers around the concept of negligence. Negligence occurs when a person or company fails to act with the level of care that a reasonable person would have in a similar situation. To prove negligence in a Mississippi commercial vehicle collision, you must show that the other party owed you a duty of care, that they breached this duty, and that this breach directly caused your injuries and other damages.
For example, a truck driver might be negligent if they were speeding or driving recklessly. If a delivery company fails to maintain its vehicles properly, this could also be considered negligence. In Mississippi, all drivers, including commercial vehicle operators, are expected to follow traffic laws and drive safely to avoid causing harm to others on the road.
Gathering Evidence to Prove Fault
Gathering evidence is one of the most important steps in proving fault after a commercial vehicle collision. Evidence can come from various sources, and the more evidence you can collect, the stronger your case will be. Police reports, witness statements, photos of the accident scene, and video footage from traffic cameras or dash cams can all help prove what happened in the crash. These documents can show who was responsible and provide details about the conditions that led to the accident.
Another key piece of evidence in commercial vehicle accidents is the driver’s logbooks or records. Commercial drivers are required by law to track their hours of service to ensure they are not driving for too long without taking a break. If a driver violated these rules and became fatigued, this could be used as evidence of negligence. Additionally, maintenance records for the vehicle may show whether the company or driver failed to properly maintain the vehicle, which could have contributed to the crash.
The Role of Commercial Vehicle Regulations
Commercial vehicles are subject to more regulations than regular cars. These regulations are set by both state and federal governments and are designed to ensure that commercial vehicles operate safely on the roads. For example, there are strict rules governing how long a commercial driver can be behind the wheel before they must take a rest break. There are also regulations requiring companies to regularly inspect and maintain their vehicles to keep them in good working condition.
If a commercial driver or company violates these regulations, it can be used as evidence to prove fault in a crash. For example, if a truck driver violated federal hours-of-service rules and fell asleep at the wheel, this would likely be considered negligence. Similarly, if a company failed to properly maintain its trucks, and a mechanical failure caused the accident, this could be grounds for a negligence claim against the company.
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Determining Liability in a Commercial Vehicle Accident
In a commercial vehicle accident, there may be multiple parties who can be held liable for the crash. This is one of the factors that makes these cases more complex than regular car accidents. Depending on the circumstances, the driver of the commercial vehicle, the company that owns the vehicle, or even the manufacturer of the vehicle or its parts may be responsible for the accident.
For example, if a truck driver was speeding and caused a crash, the driver could be held liable. However, if the driver was acting within the scope of their employment at the time of the accident, their employer could also be held responsible under a legal doctrine known as “vicarious liability.” This means that employers are responsible for the actions of their employees when those actions occur while the employee is performing their job duties.
In some cases, a third party may also be held liable. For instance, if the accident was caused by a mechanical failure in the truck, the manufacturer of the defective part could be held responsible for the accident. Determining who is liable in a commercial vehicle collision is essential for ensuring that all responsible parties are held accountable and that victims receive full compensation for their injuries.
Comparative Fault in Mississippi
Mississippi follows a legal principle known as “pure comparative fault” when it comes to determining liability in accident cases. This means that even if you are partially at fault for the accident, you can still recover damages. However, the amount of compensation you receive will be reduced by your percentage of fault. For example, if you are found to be 30 percent at fault for the accident, you can still recover 70 percent of your damages.
This is important to keep in mind because the other party’s insurance company may try to argue that you were partially to blame for the accident in order to reduce the amount of compensation they have to pay. Having a strong case with solid evidence can help you fight these claims and prove that the other party was primarily responsible for the crash.
The Importance of Acting Quickly
After a commercial vehicle accident, it is important to act quickly to preserve evidence and protect your legal rights. Over time, evidence can disappear, and memories of witnesses can fade, making it more difficult to prove fault in your case. Additionally, Mississippi has a statute of limitations that limits the amount of time you have to file a lawsuit after a car accident. In most cases, you have three years from the date of the accident to file a claim, but it is always a good idea to start the process as soon as possible.
Hiring an attorney who has experience handling commercial vehicle accident cases can help ensure that you meet all the necessary deadlines and gather the evidence you need to build a strong case. An attorney can also handle negotiations with the insurance companies and other parties involved in the case, allowing you to focus on your recovery.
What to Do After a Commercial Vehicle Collision
If you are involved in a commercial vehicle collision in Mississippi, there are several steps you should take to protect yourself and your case. First, seek medical attention right away, even if you do not think you are seriously injured. Some injuries may not be immediately apparent, and delaying medical treatment could hurt your chances of recovering compensation later on.
Next, contact the police and file an accident report. The police report can be an important piece of evidence in your case, as it will document the details of the crash and may include the officer’s opinion on who was at fault.
If you are able, take photos of the accident scene, including the damage to your vehicle and any injuries you sustained. Try to get the contact information of any witnesses, as their statements can be valuable evidence later on.
Avoid speaking to the other party’s insurance company without first consulting with an attorney. The insurance company may try to get you to say something that could hurt your case, and they may offer you a settlement that is far less than what you are entitled to.
If you or a loved one has been injured in a commercial vehicle collision in Mississippi, it is important to have an experienced attorney on your side. The team at Brad Morris Law Firm, PLLC can help you prove fault and fight for the compensation you deserve. With our knowledge of Mississippi’s laws and regulations surrounding commercial vehicles, we are ready to guide you through the legal process and ensure your rights are protected. Contact us today for a free consultation. You owe nothing unless we recover compensation for you.