Monthly Archives: May 2025

What If You Were Injured in a Mississippi Car Accident While Working?

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Understanding the Overlap Between Workers’ Compensation and Personal Injury Claims

If you were injured in a car accident while performing your job duties in Mississippi, your legal options may involve more than one type of claim. Many workers are surprised to learn that they could be entitled to workers’ compensation benefits and also pursue a third-party personal injury claim—depending on how the accident happened and who was at fault.

Understanding the interaction between these two legal systems is critical to protecting your health, your income, and your long-term financial security after a work-related auto accident.

When Does Workers’ Compensation Cover a Car Accident Injury?

In Mississippi, the workers’ compensation system provides benefits to employees injured in the course and scope of their employment—regardless of who was at fault for the accident. If you were on the job at the time of the crash, you may be eligible for workers’ comp, even if the crash was caused by another driver or happened in a company vehicle.

You may qualify for workers’ compensation if the accident occurred while:

  • Driving between job sites

  • Making a delivery

  • Running a work-related errand

  • Transporting tools, equipment, or coworkers

  • Operating a company vehicle

  • Traveling for a work assignment or meeting

However, workers’ comp will not apply if you were driving for personal reasons or were off-duty at the time of the crash—even if you were in a company vehicle.

What Does Workers’ Compensation Pay For in a Car Accident?

If your injuries are covered by Mississippi workers’ comp, you may be eligible to receive:

  • Medical treatment for accident-related injuries

  • Temporary total disability (TTD) benefits while you’re unable to work

  • Permanent disability benefits for lasting impairments

  • Mileage reimbursement for traveling to medical appointments

  • Vocational rehabilitation if you can’t return to your previous job

However, workers’ comp does not pay for pain and suffering, emotional distress, or the full value of lost wages. That’s where a third-party claim may come into play.

When You Can File a Third-Party Car Accident Claim

If someone other than your employer or a co-worker was at fault for the crash, you may also have the right to pursue a third-party personal injury claim against that individual or their insurance company. This includes:

  • Another driver who caused the collision

  • A commercial trucking company

  • A government entity responsible for unsafe road conditions

  • A vehicle or parts manufacturer (if a defect contributed to the crash)

A successful third-party claim allows you to recover damages that aren’t available through workers’ comp, such as:

  • Pain and suffering

  • Loss of enjoyment of life

  • Emotional distress

  • Full wage loss (not just a portion)

  • Loss of future earning capacity

Importantly, you can pursue both claims at the same time—workers’ comp provides immediate benefits, while the third-party claim focuses on full compensation.

How the Two Systems Interact

When you recover damages from a third-party lawsuit, the workers’ comp insurance provider may place a lien on part of your recovery. This means they have the right to be reimbursed for the medical expenses and wage benefits they paid on your behalf.

An attorney can often negotiate a reduction in the lien amount, allowing you to keep more of your third-party settlement. Managing this overlap is a crucial part of maximizing your total recovery.

Why You Need Legal Guidance in Work-Related Car Accident Claims

Cases involving both workers’ compensation and third-party liability are more complicated than standard car accident or work injury claims. Without legal representation, you risk:

  • Overlooking one of your available claims

  • Accepting less than your case is worth

  • Losing part of your settlement to liens or subrogation

  • Being pressured into a quick settlement that doesn’t account for long-term effects

An experienced attorney can coordinate both claims, gather the necessary evidence, and protect your right to full compensation.

Call Attorney Bill Kellum for a free consultation

If you were injured in a car accident while working in Mississippi, you may be entitled to workers’ compensation and additional damages through a third-party personal injury claim. The legal team at Kellum Law Firm, P.C. understands how to handle both aspects of your case and fight for everything you’re owed. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 today to schedule a free consultation and protect your rights.

How to Handle a Mississippi Car Accident Involving a Commercial Vehicle

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Understanding Liability and Compensation After a Crash with a Delivery Truck, Semi, or Work Vehicle

Car accidents involving commercial vehicles—such as delivery trucks, semis, utility vehicles, or company cars—present unique challenges for injury victims in Mississippi. These crashes are often more severe due to the size and weight of commercial vehicles, and the process of determining liability is more complex than in typical two-car collisions.

If you’ve been injured in a collision with a commercial vehicle, understanding how liability is assessed and how to pursue compensation can make a major difference in the outcome of your case. Commercial vehicle operators and their employers are held to high safety standards, but their insurance providers are often aggressive in fighting claims.

Who Can Be Held Liable in a Mississippi Commercial Vehicle Accident?

Unlike standard accidents involving private vehicles, commercial vehicle crashes may involve multiple liable parties. Determining who is responsible requires a thorough investigation and a clear understanding of state and federal transportation laws.

1. The Commercial Driver

The driver may be at fault for:

  • Speeding or reckless driving

  • Fatigue from exceeding hours-of-service limits

  • Distracted or impaired driving

  • Failing to yield or obey traffic signals

  • Improper lane changes or wide turns

Commercial drivers are held to a higher standard of care under both Mississippi law and federal regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA).

2. The Driver’s Employer (Trucking Company or Business Owner)

Employers can be held liable under the legal doctrine of respondeat superior, which holds companies responsible for the negligent actions of employees who are acting within the scope of their employment.

Employers may also be independently liable if they:

  • Failed to properly train the driver

  • Ignored safety violations

  • Pressured the driver to meet unreasonable delivery deadlines

  • Failed to maintain or inspect the vehicle

  • Hired a driver with a poor safety record

3. The Vehicle Manufacturer or Maintenance Company

If the accident was caused by a mechanical failure—such as brake failure or a tire blowout—a parts manufacturer, maintenance provider, or repair shop may be partially or fully liable.

4. The Cargo Loading Company

Improperly loaded or unsecured cargo can cause rollovers, jackknife accidents, or spilled loads. If a third party loaded the truck improperly, that company may be liable as well.

Common Causes of Commercial Vehicle Accidents in Mississippi

  • Fatigued driving due to over-scheduling or hours-of-service violations

  • Inadequate training or supervision by the employer

  • Mechanical failures due to poor maintenance

  • Distracted driving (e.g., texting, using GPS while driving)

  • Speeding to meet delivery deadlines

  • Unsafe lane changes or wide turns on narrow Mississippi roads

Commercial vehicles are often equipped with electronic logging devices (ELDs), GPS trackers, and event data recorders. These can be key sources of evidence in proving how the crash occurred and whether rules were violated.

What to Do After a Mississippi Commercial Vehicle Crash

1. Seek Immediate Medical Attention

Prioritize your health and document your injuries. Prompt treatment also helps support your legal claim.

2. Call the Police and Get an Official Report

A police report provides an official record of the accident and may include citations or observations that support your claim.

3. Document the Scene

Take photos of the vehicles, your injuries, road conditions, skid marks, signage, and anything else relevant. If there are witnesses, collect their contact information.

4. Do Not Speak to the Commercial Driver’s Insurance or Employer

The insurance company or trucking company may try to get a recorded statement. Politely decline and direct all communication to your attorney.

5. Consult a Personal Injury Attorney

Commercial vehicle claims are complex. You’ll be dealing with corporate insurers, legal teams, and potentially multiple responsible parties. Legal representation helps level the playing field and ensures evidence is preserved and deadlines are met.

Why Commercial Vehicle Claims Are More Complicated

Commercial vehicle crashes typically involve:

  • Larger insurance policies — which means insurers fight harder to limit payouts

  • Corporate defendants — with legal teams that try to shift blame or minimize damages

  • Federal regulations — that may impact driver schedules, vehicle maintenance, and logging procedures

  • Severe injuries — due to the size and weight of commercial trucks

If you or a loved one has suffered serious injuries or a wrongful death due to a crash with a commercial vehicle, it’s important to have a legal team that understands both Mississippi personal injury law and federal trucking regulations.

Call Attorney Bill Kellum For a Free Consultation 

If you’ve been injured in a car accident involving a commercial vehicle in Mississippi, don’t go up against the trucking company or their insurer alone. The attorneys at Kellum Law Firm, P.C. know how to investigate these complex claims, preserve critical evidence, and pursue full compensation for your losses. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to schedule a free consultation and protect your legal rights.

How to Handle a Mississippi Car Accident Involving a Commercial Vehicle

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Understanding Liability and Compensation After a Crash with a Delivery Truck, Semi, or Work Vehicle

Car accidents involving commercial vehicles—such as delivery trucks, semis, utility vehicles, or company cars—present unique challenges for injury victims in Mississippi. These crashes are often more severe due to the size and weight of commercial vehicles, and the process of determining liability is more complex than in typical two-car collisions.

If you’ve been injured in a collision with a commercial vehicle, understanding how liability is assessed and how to pursue compensation can make a major difference in the outcome of your case. Commercial vehicle operators and their employers are held to high safety standards, but their insurance providers are often aggressive in fighting claims.

Who Can Be Held Liable in a Mississippi Commercial Vehicle Accident?

Unlike standard accidents involving private vehicles, commercial vehicle crashes may involve multiple liable parties. Determining who is responsible requires a thorough investigation and a clear understanding of state and federal transportation laws.

1. The Commercial Driver

The driver may be at fault for:

  • Speeding or reckless driving

  • Fatigue from exceeding hours-of-service limits

  • Distracted or impaired driving

  • Failing to yield or obey traffic signals

  • Improper lane changes or wide turns

Commercial drivers are held to a higher standard of care under both Mississippi law and federal regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA).

2. The Driver’s Employer (Trucking Company or Business Owner)

Employers can be held liable under the legal doctrine of respondeat superior, which holds companies responsible for the negligent actions of employees who are acting within the scope of their employment.

Employers may also be independently liable if they:

  • Failed to properly train the driver

  • Ignored safety violations

  • Pressured the driver to meet unreasonable delivery deadlines

  • Failed to maintain or inspect the vehicle

  • Hired a driver with a poor safety record

3. The Vehicle Manufacturer or Maintenance Company

If the accident was caused by a mechanical failure—such as brake failure or a tire blowout—a parts manufacturer, maintenance provider, or repair shop may be partially or fully liable.

4. The Cargo Loading Company

Improperly loaded or unsecured cargo can cause rollovers, jackknife accidents, or spilled loads. If a third party loaded the truck improperly, that company may be liable as well.

Common Causes of Commercial Vehicle Accidents in Mississippi

  • Fatigued driving due to over-scheduling or hours-of-service violations

  • Inadequate training or supervision by the employer

  • Mechanical failures due to poor maintenance

  • Distracted driving (e.g., texting, using GPS while driving)

  • Speeding to meet delivery deadlines

  • Unsafe lane changes or wide turns on narrow Mississippi roads

Commercial vehicles are often equipped with electronic logging devices (ELDs), GPS trackers, and event data recorders. These can be key sources of evidence in proving how the crash occurred and whether rules were violated.

What to Do After a Mississippi Commercial Vehicle Crash

1. Seek Immediate Medical Attention

Prioritize your health and document your injuries. Prompt treatment also helps support your legal claim.

2. Call the Police and Get an Official Report

A police report provides an official record of the accident and may include citations or observations that support your claim.

3. Document the Scene

Take photos of the vehicles, your injuries, road conditions, skid marks, signage, and anything else relevant. If there are witnesses, collect their contact information.

4. Do Not Speak to the Commercial Driver’s Insurance or Employer

The insurance company or trucking company may try to get a recorded statement. Politely decline and direct all communication to your attorney.

5. Consult a Personal Injury Attorney

Commercial vehicle claims are complex. You’ll be dealing with corporate insurers, legal teams, and potentially multiple responsible parties. Legal representation helps level the playing field and ensures evidence is preserved and deadlines are met.

Why Commercial Vehicle Claims Are More Complicated

Commercial vehicle crashes typically involve:

  • Larger insurance policies — which means insurers fight harder to limit payouts

  • Corporate defendants — with legal teams that try to shift blame or minimize damages

  • Federal regulations — that may impact driver schedules, vehicle maintenance, and logging procedures

  • Severe injuries — due to the size and weight of commercial trucks

If you or a loved one has suffered serious injuries or a wrongful death due to a crash with a commercial vehicle, it’s important to have a legal team that understands both Mississippi personal injury law and federal trucking regulations.

Call Bill Kellum For a free case review

If you’ve been injured in a car accident involving a commercial vehicle in Mississippi, don’t go up against the trucking company or their insurer alone. The attorneys at Kellum Law Firm, P.C. know how to investigate these complex claims, preserve critical evidence, and pursue full compensation for your losses. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to schedule a free consultation and protect your legal rights.

The Dangers of Talking to the Other Driver’s Insurance Adjuster

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Why You Should Be Careful With What You Say After a Mississippi Car Accident

After a car accident in Mississippi, you may get a call from the other driver’s insurance company within days—or even hours—of the crash. They may sound polite and concerned, and they’ll likely say they just need to “get your side of the story” or ask a few “routine” questions. But make no mistake: insurance adjusters work for the other driver’s insurer, and their job is to minimize the company’s liability—not to help you.

Giving a recorded statement, discussing your injuries, or casually answering questions can seriously damage your ability to recover fair compensation. Here’s what every accident victim in Mississippi needs to know before speaking with the other driver’s insurance adjuster.

Why the Adjuster Wants to Talk to You

Insurance adjusters are trained to protect the company’s bottom line. They gather information that could:

  • Shift blame to you or someone else

  • Downplay your injuries

  • Create inconsistencies in your statements

  • Lock you into a version of events before all the facts are known

The goal is often to reduce or deny your claim entirely. Anything you say—especially if it’s recorded—can be used against you later during negotiations or in court.

What Can Go Wrong When You Speak With an Adjuster

1. You May Accidentally Admit Fault

Mississippi follows a pure comparative negligence rule, which means your compensation is reduced by the percentage of fault assigned to you. Saying something like “I didn’t see the other car,” “I was going a little fast,” or “I might’ve overreacted” can be twisted into an admission of liability—even if the other driver clearly caused the crash.

2. Your Statement May Be Incomplete or Inaccurate

After a crash, you may be shaken, confused, or unsure of all the details. If you make a statement early on and later remember new information, the insurer may claim you’re being dishonest or changing your story.

3. You May Minimize or Misrepresent Your Injuries

It’s common for accident victims to say “I’m okay” or “It’s not too bad” out of habit or because symptoms haven’t fully developed yet. Unfortunately, these words can be used to argue that your injuries are minor or nonexistent. Once you give a recorded statement saying you feel fine, it’s very difficult to walk that back—even if your condition worsens later.

4. You May Be Pressured Into Settling Too Early

In some cases, the adjuster may use your statement as a setup for a lowball settlement offer. They may push you to accept a quick payout before you know the full extent of your injuries, medical bills, or future needs. Once you accept a settlement, you usually cannot reopen the case—even if your condition deteriorates.

Your Rights When Dealing With Insurance Companies in Mississippi

You are not legally required to speak with the other driver’s insurance adjuster. You can politely decline to give a recorded statement and refer them to your attorney instead. In fact, this is often the smartest move you can make.

If you must communicate with the adjuster, remember:

  • Do not give a recorded statement without legal advice

  • Do not discuss your injuries or medical treatment

  • Do not speculate about how the accident happened

  • Do not accept fault, even partially

  • Do not discuss settlement offers on your own

You can provide basic information such as your name, contact details, and vehicle info—but nothing more.

Let Your Attorney Handle the Communication

When you hire an attorney, they deal directly with the insurance companies on your behalf. This protects you from saying anything that could hurt your claim and ensures that your rights are preserved throughout the claims process. Your attorney will:

  • Review any request for statements or documents

  • Help you prepare if a statement is truly necessary

  • Handle negotiations to avoid low settlement offers

  • Push back against bad-faith insurance tactics

The sooner you speak with an attorney, the better your chances of securing full and fair compensation for your injuries, medical bills, lost wages, and pain and suffering.

Call Attorney Bill Kellum For a Free Case Review

If you’ve been injured in a Mississippi car accident, don’t let the other driver’s insurance company take control of your case. The attorneys at Kellum Law Firm, P.C. can protect your rights and fight for the compensation you deserve. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to schedule a consultation and let us handle the insurance companies for you.