Starkville Personal Injury Lawyer

Many accidents in Mississippi result from negligence. This concept basically requires a plaintiff to show that the defendant did not abide by their duty to use reasonable care and, in failing to meet it, caused injuries or death. For example, if a driver is texting while driving and crashes into someone who made a lane change in front of them, the texting is likely to be seen as a breach of the duty to use reasonable care. Similarly, if a truck driver drives while fatigued, falls asleep, and crashes into someone sitting in a parked car, it is likely that a jury would find them negligent.

Sometimes a driver who causes a car accident is considered negligent per se. To recover for damages based on negligence per se, you will need to prove that there was a legal violation, the law that was violated was designed to prevent the type of injury that resulted, and the victim is a member of the class that the law was designed to protect. In many cases, negligence per se is easier to establish than ordinary negligence. Truck drivers are required to follow numerous regulations, including those promulgated by the Federal Motor Carrier Safety Administration (FMCSA). We can help Starkville residents investigate whether a violation of a trucking regulation may have occurred, such that a driver or trucking company may have been negligent per se.

Under the FMCSA regulations, interstate truck drivers are required to keep a logbook in which they record their hours of service and maintenance information, among many other things. The logbook is supposed to be reviewed by their employers for accuracy and adherence. In some cases, trucking companies look the other way or even encourage rule breaking. A trucking company may be held vicariously responsible for its driver’s negligent acts if the driver was in the course of employment when the accident happened. However, trucking companies may also be held directly liable for negligent hiring, negligent supervision, or negligent retention. For example, a trucking company that fails to check logbooks and discipline a driver who routinely breaks the hours of service rules may be held directly responsible if that driver crashes into someone while driving fatigued or while on drugs to stay awake.

Mississippi follows the doctrine of pure comparative negligence. This means that the plaintiff’s damages will be reduced by their percentage of fault, if any. The rule gives incentives to automobile and truck insurance companies and defense attorneys to look for ways in which a plaintiff was possibly at fault for an accident. If they can make a convincing case that you were partially to blame for an accident and your own injuries, your damages may be reduced. Accordingly, it is important to retain your own attorney before speaking to representatives of an at-fault party or its insurance carrier.