Truck Accident FAQs

After a truck accident, get medical attention first, then document the scene and contact a lawyer before speaking with the trucking company. Your health comes first, so see a doctor even if you feel fine, because some injuries surface days later. The steps that protect your claim include:

• Get medical care right away and follow your treatment plan
• Photograph the vehicles, the road, and your injuries if you are able
• Collect names and contact information for any witnesses
• Report the crash to your own insurer, but be cautious about recorded statements
• Call an attorney quickly so evidence can be preserved before it disappears

The sooner you involve a lawyer, the sooner we can move to secure the records that prove what happened. Taking these steps early helps preserve critical evidence and reduces the risk of disputes with insurers or the trucking company later.

Liability for a truck accident often extends beyond the driver to the trucking company and other parties. Depending on what caused the crash, responsible parties can include:

• The truck driver, for speeding, fatigue, distraction, or impairment
• The trucking company, for negligent hiring, training, or scheduling
• A maintenance provider, for failed brakes, tires, or other repairs
• A cargo loader, for an improperly secured or overloaded trailer
• A parts manufacturer, for a defective component

Identifying every responsible party matters, because each may carry separate insurance coverage. Our attorneys investigate the full chain of responsibility to pursue every available source of compensation.

Truck accident claims are more complex than ordinary motor vehicle accident claims because they involve federal regulations, multiple potentially liable parties, and far larger insurance policies. Commercial trucks are governed by the Federal Motor Carrier Safety Regulations, which create added standards a driver or carrier may have violated. 

These cases also produce specialized evidence, such as the truck’s electronic control module and the driver’s electronic logbook. Because the stakes are higher, trucking companies and their insurers often send investigators to the scene within hours. Having an experienced lawyer levels the playing field.

Most interstate trucking companies hauling general freight must carry at least $750,000 in liability insurance under federal law, while carriers transporting oil or hazardous materials must carry even higher minimum coverage of $1 million or $5 million. That is far more than the minimum required for a private passenger vehicle, which is one reason truck accident settlements can be substantial. Larger policies also mean more aggressive defense, because insurers have more to lose. We know how to value your claim against the full coverage available, not the first number an adjuster offers.

The most valuable evidence in a truck accident case often sits inside the truck and the carrier’s files, and it can be erased or overwritten quickly. Key evidence includes:

• The electronic control module, often called the black box, which records speed and braking
• The driver’s electronic logbook and hours-of-service records
• The driver qualification file and the company’s safety records
• Truck inspection and maintenance logs
• Dashcam, traffic camera, or nearby surveillance footage

Trucking companies are not required to keep all of these records indefinitely, and some can be lost within months. We move quickly to send preservation letters and secure this evidence before it is gone.

Federal hours-of-service rules limit how long a commercial truck driver can stay behind the wheel in order to reduce fatigue. Under these federal driving-time limits, a property-carrying driver may drive no more than 11 hours after 10 consecutive hours off duty, and may not drive beyond the 14th hour after coming on duty. Drivers must also take a 30-minute break after 8 cumulative hours of driving and are capped at 60 hours in 7 days or 70 hours in 8 days. When a driver or company violates these limits, those violations can become powerful evidence of negligence in your claim.

In Mississippi, you generally have three years from the date of the crash to file a personal injury lawsuit. This deadline, known as the statute of limitations, applies to most truck and car accident claims. If a truck crash takes the life of a loved one, your family may pursue a wrongful death claim, and time limits apply there as well. Missing the deadline usually means losing your right to recover entirely, so it is important to speak with a lawyer well before it runs. Acting early also gives us more time to investigate and preserve evidence.

Yes. Mississippi follows a pure comparative negligence rule, which means you can recover compensation even if you were partly to blame for the crash. However, your damages are reduced in proportion to your share of fault. For example, if you are found 20 percent at fault and your damages total $100,000, you can still recover $80,000. Because insurers often try to shift as much blame onto you as possible, having an attorney guard against inflated fault arguments can directly affect how much you recover.

You may be able to recover both economic and noneconomic damages after a truck accident. Economic damages cover measurable losses such as medical bills, future medical care, lost wages, lost earning capacity, and property damage. 

Noneconomic damages cover pain, suffering, disfigurement, and loss of enjoyment of life. Mississippi law caps noneconomic damages in most injury cases at $1 million, but it does not cap economic damages like medical expenses and lost income. In cases involving catastrophic injuries or the loss of a loved one, the value of a claim can be significant. We work to document every loss so nothing is left on the table.

You are not required to give a statement to the trucking company’s insurance adjuster, and it is usually best not to before speaking with a lawyer. Adjusters are trained to gather statements they can later use to reduce or deny your claim. Even an offhand comment, such as saying you feel okay, can be taken out of context. You can politely decline and refer the adjuster to your attorney. Letting us handle these conversations protects you from saying something that quietly undermines your case.

At Chatham Gilder Howell Pittman, there is no upfront cost to hire us for a truck accident case. We handle these claims on a contingency fee basis, which means we are only paid if we recover compensation for you. Your initial consultation is free and confidential, so you can understand your options with no financial risk. This arrangement lets injured people pursue strong legal representation regardless of their financial situation, while we advance the costs of building your case.