Vicarious Liability and Mississippi Tort LawMississippi Legal News
Commercial tractor-trailers serve an important role in Mississippi as well as the rest of the United States. The work they do is essential for a healthy goods-based economy such as the one we are currently enjoying. Giving us the ability to deliver things to far-flung distances with relative ease and efficiency, 18-wheelers, semi-trucks, tanker trucks, and tractor-trailers are an enduring part of the American countryside. Anytime one of these oversized cargo trucks is involved in an accident, however, the consequences are often devastating for everyone.
Due to their immense size, combined with the weight of the tractor-trailer itself plus the freight it is carrying, and it is easy to see how not only can commercial trucks be cumbersome and awkward to maneuver, but an accident with another vehicle, even a smaller truck, could cause critical injuries to anyone inside the smaller car. In cases where a tractor-trailer accident was avoidable save for the carelessness of the truck operator, victims who were injured during the collision have different ways of obtaining financial compensation.
One way, indeed the most direct way to accomplish this is to file a claim against the truck operator themselves. In the majority of cases, however, the operator probably does not have a lot of money to pay out besides whatever personal insurance they might have. One solution in situations such as this is to apply the legal concept of vicarious liability so you will be able to hold the trucking company for whom the operator works liable for your injuries. Essentially, the law will allow you to hold someone’s employer accountable in certain situations where their employee has been responsible for causing injuries while fulfilling the duties for which they were hired. In almost all instances, the trucking company will have a much better insurance policy and infinitely deeper pockets from which a judgment or a settlement might be paid.
Harder Than it Sounds
Unfortunately, cases of vicarious liability are not usually so black-and-white. A plaintiff in the state of Mississippi will be required to prove that a lack of care, also referred to as negligence, was present on the part of the truck operator, such as a disregard of federal trucking regulations, but also that the operator was under the employ of the trucking company, and that the accident took place while they were working for the company. Doing this often turns out to be very complicated, particularly if the truck operator is technically an independent contractor. Victims who have been injured in a tractor-trailer accident are strongly urged to discuss their case with a seasoned Mississippi personal injury attorney.
If you or a member of your family has been involved in a car accident, attorneys at Germany Law Firm, PLLC are in your corner. We have the experience and the knowledge necessary to help you obtain the financial compensation to which you are entitled.
After almost four decades of legal practice, our skilled, Mississippi-based attorneys know exactly what it takes to win your case. Our attorneys are proud of their outstanding performance histories and distinguished reputations.
If you have recently been injured due to the negligence of another driver, then we firmly encourage you to speak with a qualified Mississippi personal injury attorney by giving us a call at (601) 487-0555 and scheduling an appointment for a free case evaluation so that we can advise you on the best course of legal action for your situation.