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Attorneys reviewing Mississippi truck accident cases

On this page
  1. Key Mississippi rules
  2. What kinds of trucks cause crashes on Mississippi highways?
  3. Who can be held responsible for a Mississippi truck crash?
  4. What evidence matters most after a truck collision?
  5. How does Mississippi's damages cap affect a truck claim?
  6. What if you were working when the truck hit you?
  7. What should you do after a Mississippi truck crash?
  8. Common truck accident cases
  9. Attorneys reviewing these cases
  10. Frequently Asked Questions

Key Mississippi rules for truck accident claims

Personal injury filing deadline
3 years
Fault rule
Pure comparative faultYou can recover damages even if you were mostly at fault, but your award is reduced by your percentage of fault. For example, if you were 30% at fault, you could recover 70% of your damages.
Damages caps
Applies to injury claimsMississippi caps noneconomic damages in medical malpractice cases and in other civil cases.

What kinds of trucks cause crashes on Mississippi highways?

Mississippi's timber, poultry, farming and shipping industries put a wide range of heavy trucks on the road. Each type carries its own hazards.

  • Log trucks travel two-lane highways in the Piney Woods and the southern half of the state, sometimes with loads that shift or extend beyond the trailer.
  • Poultry and feed trucks run between farms, processing plants and feed mills, often on tight schedules.
  • Container trucks and tankers move cargo from the ports at Gulfport and Pascagoula.
  • Long-haul semis cross the state on I-55 between Memphis and New Orleans, on I-20 between Texas and Alabama, on I-10 along the Coast and on I-22 in the northeast.

Rural crashes are often more severe because help takes longer to arrive, and long distances to trauma centers add to medical costs.

Who can be held responsible for a Mississippi truck crash?

More than the driver. The motor carrier, a freight broker, the shipper or loader, a maintenance company and a parts maker may each share responsibility.

Mississippi generally holds each defendant responsible for its own share of fault rather than making one company pay for everyone. That makes it important to identify every responsible party and its insurance. A log truck crash, for example, may involve a hauling company, a timber company that loaded the trailer and a mill that set the delivery schedule.

Here is a worked example. A jury values a driver's damages at $800,000 and assigns fault as follows: the injured driver 10 percent, the carrier 60 percent and the company that loaded the trailer 30 percent. The injured driver's total recovery is $720,000, with the carrier owing its share of $480,000 and the loader owing $240,000. Had the loader been left out of the case, its share could have gone unpaid. Our truck accident practice investigates each link in the chain.

What evidence matters most after a truck collision?

Electronic data, driver records and the load itself. Much of it can disappear quickly unless the carrier is put on notice.

  1. Electronic logging device data, which shows whether the driver followed federal hours-of-service limits.
  2. Engine control module data on speed and braking.
  3. Dash camera and cab camera video.
  4. Driver qualification files, licensing and drug and alcohol testing.
  5. Inspection, maintenance and repair records.
  6. Bills of lading, weight tickets and load securement records.

We send preservation letters right away. Trucks that operate only within Mississippi may follow state rules rather than every federal rule, but the basic duty of safe operation applies to all of them.

How does Mississippi's damages cap affect a truck claim?

Mississippi caps noneconomic damages, such as pain and suffering, in civil cases. Economic damages, such as medical bills, future care and lost earnings, are not limited in the same way.

In a serious truck crash, economic losses can be very large. A spinal cord injury, amputation or brain injury may require lifetime care, home modifications and lost earning capacity over decades. We work with physicians, life care planners and economists to document those losses, because they often make up the largest part of the recovery. If a death resulted, see our Mississippi wrongful death page.

What if you were working when the truck hit you?

Workers' compensation may pay benefits from your employer, and you may still bring a separate claim against the trucking company. The two claims follow different rules.

Workers' compensation pays medical care and part of your lost wages regardless of fault, but it does not pay for pain and suffering. A third-party claim against the carrier can recover those losses. The workers' compensation insurer may claim repayment from the third-party recovery, which we negotiate. Our workplace injury page explains how these claims fit together.

What should you do after a Mississippi truck crash?

Get medical care, then protect the evidence. Write down the trucking company's name and the numbers on the truck and trailer, photograph the scene and get witness names. Do not talk with the carrier's insurer, which often sends investigators within hours. Most Mississippi truck crash claims must be filed within 3 years. For other state rules, see our Mississippi injury overview. We offer a free case review, and you pay no fee unless we win.

Attorneys reviewing Mississippi truck accident cases

Frequently Asked Questions

Is a log truck held to the same rules as a semi in Mississippi?

Log trucks must be operated and loaded safely, and many are subject to commercial vehicle rules on licensing, inspection and load securement. Some intrastate operations follow state rules that differ from federal ones. Either way, a hauler that overloads, poorly secures a load or lets a fatigued driver operate can be responsible for a crash.

Can I sue a poultry company if its truck caused my crash?

Possibly. If the driver worked for the poultry company or its carrier, that company may be responsible for the driver's negligence. Even when a contractor handled the hauling, the company may be liable if it controlled schedules or loading or carelessly chose an unsafe contractor. Contracts and dispatch records usually answer that question.

What if a truck tire blew out and caused my crash?

A tire failure may point to poor maintenance by the carrier, an overloaded trailer or a defective tire. Each possibility involves a different responsible party. The tire itself is important evidence and should be preserved, along with maintenance records. Our team arranges for experts to examine the tire before it is discarded.

Do I need to go to court for a Mississippi truck accident claim?

Not always. Many truck cases settle after the evidence is gathered and the injuries are fully understood. Filing a lawsuit is sometimes needed to obtain carrier records and preserve the 3-year deadline. If a fair settlement is not offered, the case can be tried before a jury in circuit court.

General information, not legal advice; laws change — confirm your deadline with an attorney. Last reviewed . Reading this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.

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