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The complexity of truck accident claims

On Behalf of | Apr 14, 2022 | Personal Injury

The most complicated accidents in Mississippi can be those involving big rigs. Trucking companies are always quick to get out ahead of the claims process even to the point of dispatching investigation teams that start at the same time as the official DOT and state police reconstruction reports. Determining what actually happened is not always easy for state officials, and trucking companies along with their insurance providers want to influence those individuals regarding material evidence of the case. Even though Mississippi is a pure comparative negligence state, even a few percentage points in comparative negligence can make a major money difference when all claims are paid.

Multiple party involvement is common

The first issue with truck accidents is that there are usually several other vehicles involved, and each driver will be assessed a percentage of fault. All numbers totaled will equal 100%. Each claimant is then paid in accordance with their individual fault assignment.

Possibility of vicarious liability

The truck driver may not be the only primary party involved in a truck collision. Accidents happen for a wide variety of reasons, and sometimes the accident is partially the fault of the shipping contractor or the employing transportation company. Cargo that is loaded improperly can easily shift on a flatbed or inside a container, which can then lead to losing and shifting cargo while in transit.

Different rules and regulations

Rules and regulations that apply to truckers do not necessarily apply to standard drivers. For starters, they are limited to a specific number of driving hours in a 24-hr period and a 30-day period. Exceeding these limits can result in punitive damages claims in some accident cases. Additionally, the weight of the commercial vehicle can impact the incident as well, often placing other parties at fault.

These are just a few of the standard issues that can make a truck accident complicated. Each accident is indeed unique in some aspect, but these three are very common. And, each additional material factor in a crash can make truck accidents cases even more difficult to unravel when all is settled.