Mississippi Tailgating Truck Accident Lawyer
What Is Tailgating When Driving a Truck?
Truck drivers may engage in tailgating because they are pressured to uphold tight delivery schedules and receive incentives based on the miles they drive. This behavior is most common among motorists who don’t understand the appropriate following distance or those with aggressive driving behavior.
The Dangers of a Truck Following too Closely
A truck following too closely compromises not only the safety of the truck’s driver but also that of other drivers due to compromised braking distance and visibility, especially in unfavorable weather and conditions on roadways.
Common Reasons Why a Truck Driver May Tailgate
Causes of Truck Accidents
Pressure to meet deadlines: Trucking companies strain their drivers to meet time deadlines. Fast speeds and time constraints may force truck drivers to close in on the vehicle before them quickly.
Distracted driving and a lack of attention: While driving, the drivers might be texting and not realize they are not at a safe distance from the vehicle in front of them.
Aggressive truck drivers’ behavior may involve violence on the road and disregard for the right of way. When this is in effect, a truck driver tries to show that only they own the road.
Lack of training: Truck drivers with little experience or poor training won’t understand the repercussions of keeping such a short distance between the following lanes.
Traffic jams: Truckers may try to stay ahead to prevent a car from entering their space because of frustration and deadlines during traffic standstills.
Why Tailgating Is a Dangerous Cause of Commercial Truck Accidents in Mississippi
According to the National Highway Traffic Safety Administration (NHTSA), 23 percent of all motor vehicle crashes are rear-end collisions. Tailgating on Mississippi roads, especially with large trucks, can be dangerous because truck drivers are limited in their ability to respond to abrupt changes in traffic. Rear-end accidents are also more likely to result in devastating injuries and property damage.
The Three-Second Rule in Defensive Driving: a Game Changer
The National Safety Council advises using the three-second rule to create a safe distance between your car and the vehicle in front of you. To practice this, while driving or being a passenger, find and memorize objects on or near the road, such as street signs. When the car in front of you reaches it, start counting. The goal is to get through less than three seconds to the same point; if not, you are too close.
What to Do if a Truck Driver Is Tailgating You
If a semi-truck driver is tailgating you, stay calm and avoid abrupt movements, changing lanes, or reducing speed. If necessary, allow the tailgating commercial vehicle to pass or pull over. Once the car has passed, attempt to stay in the right lane until you feel stable.
Common Injuries from Tailgating Collisions with Trucks
Injuries in these incidents frequently include whiplash, spinal trauma, severe brain injury, and, on occasion, death due to an impact intensity. Since the vehicles involved are too close to each other in these types of accidents, it is the impact force that causes considerable damages and injuries, such as:
- Whiplash: A neck injury can occur from sudden, quick, and violent movements.
- Spinal damage: Resulting in paralysis or a loss of control over movement.
- Burn injuries Can occur from fuel fires, chemical burns, electrical burns, overheated metals, and explosions.
- Ligament and bone injuries: Muscle tears and bone breaks or fractures are susceptible to injury.
- Internal injuries: Blunt force can injure internal organs and trigger internal bleeding and bruising.
- Cuts and lacerations: Open wounds from sharp objects penetrating the skin are common in these sorts of accidents.
- Head injuries: A severe injury to the brain, often noted as a traumatic brain injury (TBI), which can vary in complexity and nature.
- Death: Occurs as a result of heavy impact, resulting in severe damage to vital organs or severe head injuries.
Compensation for Your Damages from a Tailgating Truck Accident in Mississippi
Victims of truck accidents can file a personal injury lawsuit to seek compensation for medical expenses, lost income, emotional distress, and property damage. This legal action allows the injured party to hold the responsible party accountable and seek maximum compensation to address the various impacts of the accident.
Three types of damages are applicable:
- Economic damages: Damage recoveries are limited to quantifiable monetary losses, such as medical bills, lost wages, property damage, and future medical expenses and earnings.
- Non-economic damages: Cover intangible loss categories that are unquantifiable or difficult to calculate, such as pain and suffering, emotional distress, loss of enjoyment and permanency, and loss of spousal relationship.
- Punitive damages:Though rare, awarding of punitive damages is a deterrence measure against specific misconduct.
What Does a Truck Accident Law Firm Do in a Mississippi Personal Injury Case?
A truck accident lawyer can specifically assist you after a tailgating accident in a variety of ways:
- Investigation: An attorney will investigate the accident to gather evidence, such as witness statements, police reports, and expert opinions, to build a strong case for you.
- Legal Representation: Your lawyer will also represent you in negotiations with insurance companies and court to protect your rights and interests.
- Maximize Compensation: An attorney will work to ensure you receive the maximum amount of compensation possible.
- Managing personal injury claims and insurance companies: Managing a personal injury claim after a truck accident involves careful attention to the circumstances. Economic and non-economic damages are likely applicable when filing your personal injury claim.
Truck accident injuries, truck accident claims, and a personal injury law firm
In a commercial truck accident, you will need to take the following steps:
- Gather all relevant evidence, including photos, witness statements, and police reports. A truck accident legal team can retrieve what is needed if you cannot move.
- If you have not received medical care, seek immediate medical attention and document your treatments and costs.
- If you still need to do so, consult a specialized attorney to understand your legal rights and options.
- Submit a detailed claim to the trucking company’s insurance, including all evidence and medical records.
- Finally, negotiate assertively for fair compensation, considering long-term impacts on your health and finances.
What if the insurance company contacts me?
If the insurance company contacts you, take the following precautions: Do not discuss the facts of the case or agree to any settlement terms without contacting an experienced lawyer.
WARNING: Many insurers will make quick settlements to save money and eliminate the liability of insufficient settlements to cover all costs. Let a knowledgeable lawyer from Giddens Law Firm manage the insurance companies. We can engage in this process while also ensuring your rights are protected.
How Is Liability Determined in Tailgating Truck Accidents?
Establishing responsibility for a tailgating truck accident requires considering distance, speed, road conditions, and driver conduct. The information obtained by your lawyer may be cited as credible sources, including witness accounts, vehicle data, and accident appraisal. Injuries in these incidents frequently include whiplash, spinal trauma, severe brain injury, and, on occasion, death due to the intensity of the impact.
Truck drivers have a legal duty.
Truck drivers are legally obligated to operate their vehicles responsibly and maintain a safe distance to avoid causing accidents. Failure to exercise such duty of care shows that the driver’s negligence may endanger others who share the road. It makes the driver liable for the accident and passenger vehicle injuries.
Tailgating and Types of Liability with Truck Accident Cases
Mississippi is an at-fault state with a pure comparative negligence system. There are three ways by which tailgating may lead to legal liability:
- Driver Liability – When a driver tailgates and causes an accident, they can be held responsible under a theory of negligence associated with reckless driving. Driver-caused tailgating is one of the most dangerous causes of rear-end crashes.
- Contributing Negligence – When the driver ahead brakes abruptly or unexpectedly changes lanes, tailgating also contributes to liability; a driver who tailgates cannot stop in enough time to avoid an accident. As a result, the driver may be held partly or entirely liable in some instances.
- Comparative/ Partial fault by the driver – The court assesses fault to determine proportional compensation. If the victim is found partially guilty, they may receive reduced compensation.
Our Mississippi Truck Accident Attorney Can Help with Your Tailgating Truck Accident
If you or a loved one has experienced a tailgating traffic accident with a truck, our Mississippi truck accident lawyer at Giddens Law Firm can provide valuable help. We meticulously gather and analyze evidence, including victim-witness statements, vehicle data, and trucking appraisals.
We are experts in trucking laws; leave everything to us to help you get justice and the proper compensation for your injuries and possible losses. We will:
No stone unturned: Our team will gather all relevant evidence and review all records and reports associated with the accident.
Comprehensive approach: In addition to statements from the victim-witnesses, data from the vehicles, and truck appraisals, we will gather and analyze any other evidence that may help to prove your case, obtain surveillance footage, or call upon expert testimony.
Expert advice and analysis: We work with accident reconstruction experts and medical professionals who can provide expert testimony to support clients’ claims.
Legal expertise and strategy: We tailor a legal strategy to each case.
Negotiation skills: We will negotiate with the insurance company and the defendant’s attorney on your behalf to obtain a desirable settlement demand for you.
Litigation: We will take your case to court if the trucking company refuses a fair settlement.
Compassionate support: Our team will help you through the legal process, answer questions, explain everything to you, and ensure you receive updates on the case. This process sets expectations and avoids the anxiety that comes with uncertainty.
Dedicated representation: We will do everything the law permits to recover the compensation you deserve, and you will have us in your corner every step of the way. We offer personalized service that is second to none.
At Giddens Law Firm, Mississippi, we will do everything possible to bring you a favorable case result.
How Much Will Hiring a Truck Wreck Lawyer for My Accident Cost?
In many cases, a truck wreck lawyer takes a contingency fee, meaning:
- No upfront costs: You pay your lawyer only if they successfully handle your case; most likely, they will take a fraction of your settlement or court-awarded compensation.
- Free initial consultation/case review: Most reputable law firms offer free initial consultations or case reviews. In these cases, you can discuss the issues of your case and determine your legal opportunities as theirs. You can also decide whether or not hiring an attorney is a good option for you.
The Giddens Law Firm makes legal representation affordable, offering a contingency fee agreement and a free consultation. Contact us today to get legal protection and a case evaluation without any concerns about the upfront costs and fees.
Mississippi Truck Accident Lawsuits Have Deadlines
Lawsuits have deadlines, called statutes of limitations. In Mississippi, the statute of limitations for personal injury, including truck accidents, is three years from the date of the incident. You must file your lawsuit within these three years; otherwise, the court may not hear your case. It is essential to contact a truck accident lawyer as soon as possible after your accident and follow all legal deadlines to ensure your case can proceed.
Contact Giddens Law Firm for Your Free Consultation Today.
At Giddens Law Firm, our truck accident lawyers are committed to taking you through the claim with unmatched professionalism and care. Our records speak for themselves; we have represented countless personal injury cases and achieved excellent results. By working with us, you can be assured that you have a team that understands your rights and will do everything to help you get the compensation you deserve. Call us today for your free consultation!
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