Understanding Legal Rights and the Process of Seeking Compensation for the Loss of a Loved One
Trucking accidents often have devastating consequences, especially when they result in the death of a loved one. If your family has experienced such a tragedy, you may have the right to file a wrongful death lawsuit against the responsible parties. Mississippi law provides the legal framework for families to seek compensation for the emotional and financial damages caused by a fatal trucking accident.
Liability in Mississippi Trucking Accident Wrongful Death Claims
Determining liability in a trucking accident can be more complex than in a typical car accident. In addition to the truck driver, other parties may share responsibility for the accident, including:
- The trucking company
- Cargo loaders
- Truck manufacturers or maintenance providers
- Other drivers involved in the collision
Mississippi law requires that liability be proven based on negligence. This could involve showing that the truck driver violated traffic laws, drove while fatigued, or was distracted. Additionally, trucking companies may be held liable if they failed to enforce safety protocols, hired unqualified drivers, or ignored federal safety regulations regarding vehicle maintenance and driver hours.
The Importance of Evidence in Wrongful Death Trucking Accident Cases
Successful wrongful death claims require strong evidence. Key evidence in trucking accident claims may include:
- Driver Logs: Federal regulations mandate that truck drivers maintain detailed logs of their driving hours. These logs can reveal whether the driver exceeded allowable hours, contributing to the accident.
- Maintenance Records: Improperly maintained trucks are prone to equipment failures, such as brake failures or tire blowouts. Reviewing maintenance logs can help establish whether the truck was safe for operation.
- Accident Scene Evidence: Photographs, video footage, and eyewitness accounts can provide insight into the circumstances of the crash. Accident reconstruction experts can also recreate the scene to show how the accident occurred.
- Black Box Data: Many commercial trucks are equipped with electronic data recorders (black boxes), which capture information such as the speed, braking, and steering inputs before a crash. This data can be critical in determining liability.
An experienced attorney will know how to gather and present this evidence to strengthen your wrongful death claim.
Compensation in Mississippi Wrongful Death Lawsuits
The purpose of a wrongful death claim is to compensate surviving family members for the financial and emotional losses they suffer due to the untimely death of their loved one. Compensation in a wrongful death lawsuit may include:
- Medical bills incurred before death
- Funeral and burial expenses
- Loss of the deceased’s financial support
- Pain and suffering experienced by the deceased
- Loss of companionship, guidance, and emotional support for surviving family members
It’s important to note that Mississippi law places no caps on compensatory damages in wrongful death lawsuits. This means that there is no maximum limit on the amount of compensation you can receive for your economic and non-economic losses. However, determining the full value of a wrongful death claim can be complex, and having an experienced attorney to guide you through the process is essential.
Understanding the Role of Comparative Negligence in Mississippi
Mississippi follows a pure comparative negligence rule. This means that even if the deceased was partially responsible for the accident, the family may still recover damages. However, the amount of compensation may be reduced by the percentage of fault attributed to the deceased. For example, if the deceased was found to be 20% at fault, the total compensation awarded would be reduced by 20%.
Because of this rule, trucking companies may attempt to shift blame to the deceased in order to reduce the amount they must pay. Having a skilled attorney who can counter these tactics is essential in ensuring that your family receives the compensation you deserve.
Call For Your Free COnsultation
If your family has lost a loved one in a tragic trucking accident, Kellum Law Firm, P.C. is here to provide legal guidance and help you pursue justice. We understand the emotional and financial toll a wrongful death can take, and our team is committed to helping you recover the compensation your family deserves. Contact our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your legal options.
If you or a loved one has been injured in an 18-wheeler truck accident, Kellum Law Firm, P.C. is here to help. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your case and learn how you can seek compensation.
The Mississippi 18-wheeler truck accident injury lawyer at Kellum Law Firm, P.C., stands ready to support victims in Mississippi who have suffered due to an accident caused by another. If your accident has directly affected your physical well-being, contact Kellum Law Firm at their Jackson office at (601) 969-2709 or their Port Gibson office at (601) 590-9000 to explore your legal options.
