Truck Accident Leads to Traumatic Brain Injury for Victim
A Mississippi trucking company was just ordered to pay $15 million to a woman that was injured in an accident caused by one of its drivers. According to Insurance Journal, there were other injuries in the crash, but the victims settled their cases out of court. Because she suffered a traumatic brain injury (TBI), the woman proceeded to trial to obtain a higher amount than was being offered by the trucking company’s insurer. She was able to prove the issue of negligence in a truck accident and establish fault on behalf of the driver. Plus, the woman was able to overcome any allegation that she might have also been negligent, which might have impacted her recovery. A Mississippi truck accident attorney can tell you more about how comparative negligence works and why it could prevent your rights to compensation.
Proving Negligence in a Mississippi Truck Accident
Negligence is a legal concept that refers to a person’s wrongful conduct that leads to injuries for a victim. Drivers have an obligation to not cause harm to individuals traveling in another vehicle, and a breach of this duty is a form of negligence. In a car accident, negligence might involve violation of traffic laws or speeding. A victim has a right to compensation when the breach of duty causes such losses as medical costs, pain and suffering, and lost income.
Establishing Fault in a Collision
You must support a claim of negligence with evidence of the other driver’s fault, which is closely tied to negligence. In a car accident, your proof might include:
- Law enforcement reports;
- Tickets, if any were issued to a motorist for violating traffic laws;
- Photos of the collision scene;
- The statements and testimony of witnesses who saw the accident;
- Cell phone records, since they could show that distracted driving was involved; and
- Security video or red light camera footage captured at the scene.
Comparative Negligence Under State Law
Mississippi is a comparative negligence state, which means that a car accident victim can recover compensation despite being at fault in the incident. However, the law provides that the amount of compensation may be reduced by the jury in proportion to the amount of fault attributable to the victim. Therefore, if a jury determines your level of fault to be 20 percent and the other driver was 80 percent at fault, your monetary award can be decreased by the percentage that you are found to be at fault for.
Involved in a Truck Accident? A Biloxi Personal Injury Attorney Can Help
Truck accidents can cause severe injuries due to their size and weight, but the legal theory of proving negligence to recover compensation often remains the same as other accidents involving vehicles. You need the right proof to establish fault in a case founded on negligence, so it’s important to retain a skilled lawyer to gather and present evidence. If you’ve been injured in a truck accident, please contact the Biloxi offices of attorney Judy Guice. Our attorneys have decades of experience representing the rights of injury victims around the entire Gulfport region and we can help you obtain the compensation you deserve.