Should you be forced to cover the costs when someone else makes a mistake? Never. The same rule applies when you are involved in a collision caused by someone else’s actions. You are already stuck dealing with the physical ramifications of your injuries. You should not be forced to absorb the financial consequences as well.Â
However, holding the at-fault party accountable can be challenging. It is important to retain the legal guidance of an experienced and knowledgeable Southaven personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC so you can recover the compensation that is rightfully yours. Contact our office for a free consultation today and find out more about how much you could be awarded through your insurance and civil claims.
When to Call a Big Rig Accident Lawyer in Southaven for Help
It may not always be clear when it is the right time to call a big rig accident lawyer in Southaven, MS for help. Many injury victims are scared to contact an attorney for help because they are worried they will be accused of filing a frivolous claim. Here are some of the top ways you can tell that you may have grounds for a big rig accident claim:
Grounds for Legal Actions
First, it is important to consider what the grounds are for legal action. Your big rig accident attorney will carefully review the circumstances of your case to determine whether your injuries are impacting your life.Â
Generally, you will need to be able to show that someone else is responsible for causing your injuries and that your injuries have impacted you financially, emotionally, or physically. Your big rig accident lawyer in Southaven, MS must be able to demonstrate the impact of your injuries for the accident himself to be awarded compensation for your damages.
Big Rig Accident Injuries to Sue For
Many victims are concerned that their injuries are too minor to claim. However, even in instances where someone has suffered a seemingly minor injury, they may have been entitled to financial compensation.Â
Remember, it is not the type of injury that you endured in your big rig accident that determines whether you have grounds for a claim. What matters is the accentuate your life has been affected by your tractor-trailer crash. However, there are some types of injuries you may be able to sue for more often than others.Â
These include:
- Head injuries, including diffuse axonal injuries, concussion, penetrating brain injuries, and second impact syndrome
- Spinal cord injuries, including back injuries, herniated discs, and paralysis
- Loss of limbs and broken or fractured
- Debilitating third-degree burns
- Emotional trauma, including the onset of post-traumatic stress disorder (PTSD)
Proving Negligence
For any big rig accident claim to be successful, your big rig accident attorney in Southaven will need to show that another party’s negligence contributed to your injuries. To do this, we will need to show that the elements of negligence have been met. These include:
- Duty of care
- Breach of duty
- Causation
- Damages
Here, the liable party in question must have owed you a duty of care. This means they have an obligation to ensure your safety in some way. For instance, the big rig driver had an obligation to ensure your safety, as all drivers have an inherent obligation to drive safely.
Your big rig accident lawyer will need to be able to show that the liable party breached their duty of care, whether that be intentionally or accidentally. The defendant’s breach of the duty of care must be the cause of the injuries you sustained or the accident itself. Then, your lawyer will need to present powerful evidence to the court that shows you have suffered injuries that significantly impacted your life.
More About Liability for Your Big Rig Accident
Establishing liability is essential in any big rig accident claim. However, it is also one of the most complicated aspects of the claims process.
Causes of Big Rig Accidents in Southaven
First, your lawyer needs to determine the cause of your 18-wheeler accident. These accidents can occur in a number of different ways. However, some of the types of big rig accidents we see most often in Southaven include:
- Drunk driving
- Drugged driving
- Distracted driving
- Aggressive driving
- Reckless driving
- Drowsy driving
- Traffic violations, including speeding for tailgating
- Inclement weather
- Dangerous roads
- Improperly secured cargo
- 18-wheeler part defects
- Insufficient safety inspections
- Lack of necessary vehicle repairs
- Inadequate hiring
- WildlifeÂ
Liability and Negligence
Once your lawyer knows how your accident occurred, we will better understand who is to blame for your big rig accident damages. For instance, if an irresponsible truck driver caused the collision, your attorney would seek action against the reckless big rig driver and the trucking company that employs them. Trucking companies will almost always share responsibility for accidents, as they are obligated to hire skilled drivers and maintain the safety of the 18-wheeler.
However, there are also other parties who could share the blame as well. For example, if dangerous roads caused your accident, your lawyer would know to examine the city of Southaven, the Mississippi Department of Transportation, and other parties who failed to maintain the safety and integrity of the roadways.Â
A thorough investigation into the cause of your accident will reveal all at-fault parties so your attorney can move forward with legal action against them accordingly.
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Call a Southaven Big Rig Accident Attorney for Help Today
Commercial truck accident injuries are likely to substantially impact your life for years to come. There is no reason why the liable party should not be held accountable to the fullest extent of the law. Take steps to regain control of your life.Â
Fight for the compensation and benefits you are entitled to with help from a respected Southaven big rig accident lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC. When you are ready to start working on your case, please complete our convenient contact form or call our office to schedule your free, no-obligation consultation.