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How to resolve a truck accident claim in Mississippi

On Behalf of Lake Tindall, LLP | July 5, 2022 | Firm News

Truck accidents do occur quite often in Mississippi. And when they do, insurance companies exist to cover some or all losses suffered by the drivers. If you get into an accident with a semi-truck, your claim becomes a bit more complex.

What to do after an accident with a truck?

An accident can leave you shocked and confused; however, this is the time you need to engage your mind more. For starters, the law requires people to report all cases of motor vehicle accidents immediately after they occur. You will also need to notify your insurance company and your attorney for more guidance.

But, some of the other crucial things you need to do is not admit fault. In fact, when you apologize for the accident, someone can use that against you in a lawsuit. You also need to take as many photos and videos as possible, as well as witness contacts and statements.

Resolving a truck accident claim in MS

First of all, you should be aware that Mississippi is an at-fault state when it comes to car accidents. It means that the person who caused the accident is responsible for all the resulting damages.

Your insurance company will cover expenses up to your policy’s limit. All additional costs will be covered by the person responsible for the accident.

You can resolve your case in or out of court. Out-of-court alternatives like mediation and arbitration are accepted in Mississippi. You and the other driver will meet with a mediator or arbitrator, who is a neutral third party, to help you settle the case. The only difference between the two is that an arbitrator will decide for you, while a mediator will just guide you towards an amicable solution.

If you go to court, a judge or jury will hear both sides of the story and decide who is at fault. The person found at fault will have to pay all the resulting damages. This includes property damage, medical bills, lost wages and pain and suffering. In some cases, punitive damages may also be awarded if the at-fault driver was particularly reckless or negligent.

Truck accident claims are usually more complex because, besides the driver, the trucking company, maintenance company or cargo loaders can be at fault. And you only have three years to bring a lawsuit against the responsible party.