Mississippi Underride Truck Accident Lawyer

Injured in an Underride Truck Accident in Mississippi?

Underride crashes can result in catastrophic injuries due to the height difference between tractor-trailers and passenger vehicles. The impact point is typically the hood or windshield of the smaller vehicle, preventing airbags from activating. Injuries range from severe head or neck injuries to fatalities.

If you or a loved one was a victim of an underride accident, contact an experienced Mississippi truck accident lawyer at Giddens Law Firm. You could be entitled to compensation. Call 601-355-2022 today for a free, no-risk consultation.

What Is an Underride Truck Accident?

Underride guard of a truck An underride truck accident happens when a smaller vehicle crashes into the back or side of a commercial-sized truck or tractor-trailer and slides underneath it. The smaller vehicle slides under the truck’s body through its gaps or wheels.

There are two types of collisions: rear underride and side underride accidents.

Picture this: You’re traveling Mississippi’s highways, following a large commercial truck. The traffic starts to slow, prompting the car to hit the brakes abruptly. Due to the limited braking distance or your car driving too close to the truck, your passenger vehicle does not have enough time to stop. As a result, it collides with the truck’s rear. The impact causes the car’s front to slide beneath the 18-wheeler’s trailer, the critical underride point. The car’s hood and windshield crumble, and the vehicle gets wedged beneath the trailer, suffering severe damage, jamming, and possibly trapping you inside.

The Danger of Underride Accidents

  • The top of the car can be totaled, making the car’s inhabitants vulnerable to a moving, unpredictable, heavy motor vehicle. An awful accident of this sort almost always leads to severe injuries or fatalities for the people inside.
  • The car may be so damaged at the point of contact (usually the hood or windshield) that its safety features, like airbags and seatbelts, are less effective.

Preventive Measures for Underride Accidents

The Department of Transportation requires trailers to have a rear security bar that stops underrides (referred to as the underride guard); however, aside from that, the agencies have been asking for greater security for rear underride guards. The department’s principal agency on the topic is the National Highway Traffic Safety Administration (NHTSA). The department does not require guards to be placed at the side of the trucks to prevent them (P. Moran, www.pbs.org, 2023).

What Conditions Lead to Underride Crashes with a Truck Driver?

In Mississippi, a variety of circumstances may arise that result in underride truck crashes:

  • Failure to Use Reflective Tape: Trucks must contain reflective tape at the back and on both sides to make them more visible to others, especially at night. Visibility begins to lessen when the reflective tape is worn or not used.
  • Inadequate lighting: The absence of sufficient lighting on the truck or the rear trailer makes it difficult for other drivers to detect it from far off.
  • Brake failure: When the brake system in the truck lines fails or is not maintained, the truck’s driver might be unable to stop in time, causing an underride accident.
  • Driver fatigue: Truck drivers who are too tired make poor decisions that can lead to an underride accident.
  • Improper Loading: A truck that is not appropriately loaded or overloaded is more prone to a rollover and leaning into a jackknife collision, often resulting in an underride accident.

Common Causes of Truck Underride Accidents in Mississippi

Common causes of underride collisions include:

  • Poor road conditions- Poor conditions of the road surface.
  • Construction zones- Roadways can lead to confusion and chaos, especially when trucks are at construction sites and a reduced lane narrows for traffic.
  • Distracted driving- Any non-driving activity a person engages in that can create a visual, manual, or cognitive diversion from driving is classified as distracted driving. Distractions may involve using an electronic device or adjusting the radio. If drivers are too slow or fast to see slowing or stopped traffic, the driver is susceptible to underriding.
  • Aggressive driving- This is often seen as excessive speeding, switching lanes frequently, and tailgating the vehicle in front of you. As a result of the vehicle’s size, rear-ending, and underride by dashing, stopping, and slamming into a braking truck are more common.
  • Impaired driving- The physical and cognitive function of someone who is driving while unable to drive, either due to fatigue or impairment, is impaired. Drunk, intoxicated drivers are far less likely to encounter underriding due to their inability to detect the traffic lights.

Truck Underride Accident Injuries

Catastrophic injuries that can be sustained in an underride crash include:

  • Head and brain injuries: Due to the blow and contact with the acute parts of a truck’s construction
  • Spinal cord damage: This may result in partial or total paralysis.
  • Crush injuries: Crushing of chests, pullings of limbs, and exterior or interior organs, such as lungs and spleen, liver, or kidneys.
  • Severe lacerations and bruises: Contact with the truck’s structure can create cuts and bruising.
  • Fatal Injuries: In many cases, the victim dies on site due to decapitation, severe brain injury, or blood loss due to the catastrophic nature of the wreck and serious injuries.

Mental Trauma and Surviving an Underride Truck Accident

Right after the accident, you’ll likely feel terrified and confused. Adrenaline is high, and it’s physiologically and mentally a lot to take in all at once. Everyone processes trauma differently; seeking a therapist to assist management can help steer you, especially at the beginning of your recovery. Your trauma, too, is to be considered when making your personal injury claim.

Who Can Be Held Liable for Underride Truck Accidents?

  • Trucking company: If a trucking company hires a driver who is unqualified or not the best candidate, these negligent hiring practices can make the company liable for any resulting accidents.
  • Truck manufacturer: Defective brakes or poor design can cause unforeseen accidents.
  • Truck maintenance company: If the maintenance company failed to keep the brakes and components properly installed or overlooked step activation via brake service (which was the cause of brake disconnection and the mishap).
  • Other negligent parties: Liable parties can be cargo loaders and road maintenance crews. The party might be held responsible if the truck or roads were slippery due to negligence.

Can I Sue a Trucking Company for Wrongful Death in Mississippi?

attorney john giddens Mississippi’s wrongful death law gives you a deadline to file a lawsuit if a family member dies. If the death was due to negligence, such as an accident, you have three years. Meeting with a truck accident attorney quickly is essential to protect your rights and start investigating the case.

The Aftermath of underride truck accident cases: recover compensation

Despite receiving medical attention immediately afterward, occupants who sustain traumatic injuries, in some cases, do not survive the collision. The risk factor associated with the underriding and the need for rear-mounted underride guards and side underride guards to curb these events on Mississippi highways is real. You must defend your rights and seek fair compensation for your injuries and losses if you or a loved one have injuries from an underride truck accident. You don’t have to do it by yourself.

Call an Experienced Underride Truck Accident Law Firm

At Giddens Law Firm, we recognize and can help you with your difficulties. Our seasoned truck accident lawyers will tirelessly protect your rights and secure the compensation you deserve for your injuries, medical bills, pain and suffering, emotional suffering, and damages. Don’t let another second slip away without contacting our underride truck accident lawyers for assistance. Call Giddens Law Firm now for your free consultation, and we will help you out of this challenging situation.

Why Hire a Mississippi Truck Accident Lawyer after an Underride Accident?

Hiring a Mississippi truck accident lawyer after an underride accident is essential because:

  • An attorney has the legal expertise to represent you in the legal matters surrounding the accident adequately. Truck underride accidents are often complicated, involving multiple parties and insurance companies. An experienced lawyer is more familiar with these matters and can better fight for your rights.
  • A lawyer will investigate the accident, including gathering all evidence. An attorney has the resources to secure witness statements, 18-wheeler accident investigations, and expert reports. They will ensure that all evidence surrounding your case on your side is available before a court of law.
  • Your lawyer will also determine who is liable for the truck wreck upon case review. It can be challenging to identify all responsible parties in a truck underride accident; however, an attorney has experience in evaluating the evidence and determining which parties you can hold accountable, including the trucker, trucking company, repairer, or manufacturer.
  • Your lawyer will ensure you get the maximum compensation possible. They will file truck accident claims and aggressively negotiate a fair settlement with the insurance companies and any defense attorneys. A lawyer will take the semi-truck accident case to trial if the defendants do not agree to a fair settlement.

How Much Does it Cost to Hire a Personal Injury Attorney?

Most personal injury lawyers do not require payment at the start of your contract. A personal injury lawyer typically works on a contingency fee, so you only pay the personal injury attorneys if you recover compensation. They will take a portion of your final settlement or court award. The contingency fee contract guarantees that the lawyer will do their part to ensure you win your case.

Does it Matter How Quickly I Hire a Truck Crash Lawyer?

If you are the victim of an underride accident, call Giddens Law. If you “lose time,” you might be “losing rights.” The sooner you call, the better your chances for compensation. An underride accident can be devastating. Your legal team can start the investigative process immediately to ensure all evidence is preserved,

The Statute of Limitations

Additionally, the statute of limitations in Mississippi mandates that accident cases should be filed within three years of the date of the occurrence. By calling a lawyer now, you can be sure that you protect your legal rights today, file on time, and significantly increase your chances of achieving financial compensation after an underride accident.

Contact the Giddens Truck Accident Law Firm in Mississippi today

Call us for your free consultation
With John Giddens at the helm, our law firm can give you the direction and assurance you need to get through this. To arrange your free consultation and seek the compensation you are entitled to and the justice you deserve, please contact us at 601-355-2022.

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