Collisions involving large commercial trucks, such as 18-wheelers, can cause devastating, catastrophic injuries. The resulting medical bills and losses far exceed those from a typical car accident.
Due to federal regulation, commercial trucks carrying general nonhazardous freight in interstate commerce are required to have a minimum of $750,000 in liability insurance, with higher limits, often $5,000,000, required for vehicles transporting certain hazardous materials. As a result, the financial stakes are immediately higher, and a legal battle begins the moment the accident occurs.
Who is responsible?
In a wreck involving a big rig, it is rarely just the truck driver’s fault. Liability often extends far beyond the person behind the wheel. You may also have a claim against the trucking company itself for negligent hiring, poor maintenance or inadequate training. The maintenance provider may be liable for faulty brakes or worn tires.
Sometimes, the cargo loader is at fault for an unbalanced or unsecured load. Each company typically has its own insurance provider, armed with high-powered lawyers. You are at an immediate disadvantage because these large corporations use rapid-response teams to minimize their responsibility.
The race to preserve critical evidence
Trucking cases depend on specialized evidence that is easily lost or destroyed. You must act fast to secure it. This unique evidence includes:
- Electronic logging devices: ELDs are a truck’s “black box,” which record crucial data, including speed, hard braking and violations of mandatory hours of service (HOS)
- Driver logs and inspection records: These documents can prove driver fatigue or mechanical neglect
Trucking companies often have rules allowing them to destroy specific data after a short period, such as 30 days. But once a lawsuit seems likely, the law requires them to preserve that evidence. However, an attorney can send a “spoliation letter,” which officially tells them to stop their regular cleanup schedule and secure critical data.
The complexity of federal regulations and the urgency of preserving evidence underscore the importance of having skilled legal representation from the outset.
Understanding strict deadlines for filing claims
Mississippi generally allows three years to file a personal injury claim under the state’s statute of limitations. However, relying on this three-year mark is risky in a truck wreck case. Evidence will quickly fade, and key witnesses’ memories will change.
When an accident involves a government entity, the Mississippi Tort Claims Act (MTCA) governs claims. The deadline to file the lawsuit is one year from the incident. Crucially, you must file a mandatory written “notice of claim” with the government entity at least 90 days before you can file the lawsuit, and this notice must be served within the one-year deadline to “toll,” or pause or extend, the statute of limitations.
Don’t face deep-pocketed companies alone
You face significant legal challenges when injured in a commercial truck crash. The process involves multiple potential defendants, critical deadlines and a fight to secure perishable electronic evidence.
The system protects powerful corporations, not injured individuals. Understanding these unique factors and consulting with lawyers experienced in these cases are the first steps toward securing the compensation you deserve to rebuild your life.
