A crash with an 18-wheeler, tractor-trailer or other large commercial truck is different from an ordinary car wreck. The Law Offices of John R. Reeves, PC represents people injured in truck crashes, and families of people killed in them, in Jackson and across central Mississippi. John R. Reeves has practiced law in Jackson since 1982.
Why truck crashes are different from car crashes
A loaded tractor-trailer can weigh many times more than a passenger car and needs far more distance to stop, so injuries are often severe. Truck cases also involve federal safety rules, commercial insurance policies, company records and electronic data that do not exist in most car wreck cases. The trucking company and its insurer often begin investigating right away, so it is important for the injured person to act quickly as well. See also car accidents.
Who may be liable
- The truck driver, for unsafe driving, fatigue, distraction or impairment.
- The motor carrier (trucking company), for its driver’s conduct on the job and for its own failures in hiring, training, supervision, scheduling or maintenance.
- The shipper or loader, if cargo was overloaded, unbalanced or not properly secured.
- A maintenance or repair company, if faulty brake, tire or other work contributed to the crash.
- A manufacturer of a defective truck, trailer, tire or part (see product liability).
Federal trucking safety rules (FMCSA)
Interstate trucking companies and drivers must follow the Federal Motor Carrier Safety Regulations. Violations can be important evidence:
- Hours of service (49 C.F.R. § 395.3). A property-carrying driver may drive no more than 11 hours after 10 consecutive hours off duty, may not drive after the 14th hour after coming on duty, must take a 30-minute break after 8 hours of driving, and may not drive after 60 hours on duty in 7 days or 70 hours in 8 days.
- Electronic logging devices (ELDs). Most interstate drivers must record their duty status with an ELD (49 C.F.R. Part 395, Subpart B). ELD data can show how long the driver had been on duty.
- Drug and alcohol testing (49 C.F.R. Part 382). Carriers must test commercial drivers, including after certain crashes.
- Inspection and maintenance records (49 C.F.R. Part 396). Carriers must inspect, repair and maintain their vehicles and keep records, and drivers must complete inspection reports.
- Minimum insurance (49 C.F.R. § 387.9). For-hire interstate carriers of non-hazardous property must carry at least $750,000 in liability coverage, $1,000,000 for oil and many hazardous materials, and $5,000,000 for certain bulk hazardous materials.
Evidence in a truck accident case
- Engine control module (ECM) or “black box” data, which can record speed, braking and throttle before a crash.
- Dashcam and other video, from the truck, other vehicles and nearby businesses.
- ELD and dispatch records, fuel and toll receipts, and cell phone records.
- Driver qualification, drug and alcohol testing, inspection and maintenance files.
- The crash report, photographs, witness statements and the vehicles themselves.
Some of these records are kept only for limited periods, and electronic data can be overwritten. A preservation (spoliation) letter sent early tells the carrier to keep the evidence. This is one reason to contact the firm soon after a crash.
Common causes of 18-wheeler crashes
- Driver fatigue and hours-of-service violations
- Jackknifes, often from hard braking, speed or empty trailers
- Underride crashes, when a car slides under the side or rear of a trailer
- Wide right turns that trap vehicles beside the truck
- Tire blowouts and tread separation
- Overloaded, unbalanced or unsecured cargo (see flatbed trailer accidents)
- Brake failure and poor maintenance
- Speeding, distraction and unsafe lane changes (see lane-change and sideswipe accidents and rear-end collisions)
Truck corridors around Jackson
Several major freight routes pass through the Jackson area. I-55 runs north–south through Byram, Jackson, Ridgeland and Canton. I-20 runs east–west through Clinton, Jackson, Pearl and Brandon. I-220 loops around west and north Jackson from I-20 to I-55 in Ridgeland. US 49 runs south through Richland and Florence toward Hattiesburg and northwest through Flora toward Yazoo City. I-20, I-55 and US 49 meet at the interchange in Jackson known as “the Stack.” The firm represents people hurt in truck crashes on these roads and elsewhere in Hinds, Rankin and Madison counties.
Mississippi law that applies
- Deadline. Most injury claims must be filed within three years (Miss. Code Ann. § 15-1-49). Claims against government entities have shorter deadlines and notice requirements.
- Comparative fault. Under Miss. Code Ann. § 11-7-15, an injured person’s own negligence does not bar recovery, but damages are reduced in proportion to that person’s share of fault.
- Wrongful death. When a crash causes a death, a claim may be brought under Miss. Code Ann. § 11-7-13. See wrongful death and fatal accidents.
- Work-related crashes. If you were hurt while working, workers’ compensation may apply, and there may also be a claim against a third party.
Frequently asked questions
How long do I have to file an 18-wheeler accident claim in Mississippi?
Most personal injury claims in Mississippi, including claims arising from truck crashes, must be filed within three years under Miss. Code Ann. § 15-1-49. Claims against a government entity, such as a crash involving a city or county truck, have a shorter deadline and a notice requirement under the Mississippi Tort Claims Act. Evidence can disappear long before any deadline, so it is wise to act early.
Can I recover if I was partly at fault for the truck crash?
Yes, in many cases. Under Miss. Code Ann. § 11-7-15, an injured person’s own negligence does not bar recovery; instead, damages are reduced in proportion to the injured person’s share of fault.
Who can be held responsible for an 18-wheeler accident?
Depending on the facts, responsibility may fall on the truck driver, the motor carrier, a company that loaded the cargo, a company that maintained the truck, or the manufacturer of a defective part. Identifying every responsible party matters because each may have separate insurance.
How much insurance do trucking companies have to carry?
Federal regulations (49 C.F.R. § 387.9) require for-hire interstate carriers hauling non-hazardous property in vehicles of 10,001 pounds or more to carry at least $750,000 in public liability coverage. The minimum is $1,000,000 for oil and many hazardous materials and $5,000,000 for certain bulk hazardous materials. Many carriers carry more than the minimum.
What should I do after a crash with a tractor-trailer?
Get medical care, call the police, and, if you can, take photographs and collect the names of witnesses and the truck’s company name and USDOT number. Do not give a recorded statement to the trucking company’s insurer before getting legal advice. Contact the firm so that a preservation letter can be sent before important records are lost.
Does the firm handle wrongful death claims from truck crashes?
Yes. When a truck crash causes a death, Mississippi’s wrongful death statute (Miss. Code Ann. § 11-7-13) allows certain family members or the estate to bring a claim. See the wrongful death page for more information.
Talk with a Jackson, Mississippi lawyer
Have questions about 18-wheeler and truck accidents? Call (601) 355-9600 (Monday–Friday, 9 a.m.–5 p.m.) or send us a message to arrange a confidential consultation.
Our only office: 355 S. State Street, Jackson, MS 39201, next to the Hinds County Chancery Courthouse. We serve clients throughout Jackson and central Mississippi.
This page provides general information, not legal advice. Every situation depends on its own facts, and reading this page does not create an attorney-client relationship.