Mississippi Truck Accident Lawyer - find an attorney for Mississippi semi truck accident cases.
MISSISSIPPI TRUCKING LAW
See below for Mississippi Trucking Law.
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BOOK: Well, it’s a reference guide that helps attorneys litigate, and helps injured victims understand serious negligence cases or injury accident cases involving Mississippi tractor trailers, or semi trucks.
CONNECTED: Attorney Jason Waechter is a member of the most prestigious national trucking organizations for lawyers, American Association for Justice’s Trucking Litigation Group and The Association of Plaintiff’s Interstate Trucking Lawyers of America.
RESEARCH: Attorney Jason Waechter has developed expertise in litigating serious injury and death accidents involving Mississippi tractor trailers (semi trucks) and other commercial vehicles. We have extensively researched, worked with, and associated with the finest trucking injury attorneys across the country, in Mississippi and in every state nationwide. Our network of specializing attorneys has a proven winning record in Mississippi.
BEST TRUCKING LAWYERS
To associate with the best lawyers, we have researched the legal periodicals, law journals, verdict reports, and many other materials. These lawyers have winning verdicts, have won awards, speak at seminars teaching other attorneys, and all have excellent reputations. They are known and respected by judges and defense attorneys and fear and revered by insurance companies.
Call us immediately for free advice and a free assessment of your Mississippi tractor trailer (semi truck) or commercial vehicle causing serious injury or death case. If the Law Offices of Jason A. Waechter do not personally handle your case, we will associate with or refer you to a proven specialist in the state the accident took place, all with the same no win, no fee promise. Just because two law firms are involved never means you pay more than the typical contingency fee. (To state this another way, you may get two firms for the same fees as one and there are no fees unless we collect money for you.)
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NATIONAL TRUCKING LAW
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The following law may apply to a Mississippi tractor trailer, or semi truck, accident or other commercial vehicle accident. The Federal Motor Carrier Safety Regulations (FMCSR) are the rules that govern semi trucks on our highways, and have been adopted by the state of Mississippi. They include rules drivers, their employers, and owners of trucks must follow.
The Federal Motor Carrier Safety Regulations that most certainly apply to any injury or death involving the negligence of a truck driver or a driver of a tractor trailer (semi trucks) or perhaps other commercial vehicles can be found at: www.fmcsa.dot.gov. The federal law in its entirety can be found in Title 49 of the Federal Code.
MISSISSIPPI TRUCKING LAW
Mississippi tractor trailer, or semi truck accident law may be a little different than the federal law. Mississippi has currently adopted the entirety of the Federal Motor Carrier Safety Regulations. This provision can be found at CMSR 26-000-003. Some of the highlights are listed below.
1. Mississippi Trucking Law that governs Mississippi semi truck accidents can be found at the following links:
Mississippi Semi Truck Laws Please see Title 77, Chapter 7 for Motor Carrier Information
2. MISSISSIPPI SEMI TRUCK DRIVER QUALIFICATIONS:
Both Federal and Mississippi state safety regulations require that Mississippi drivers of semi trucks (tractor trailers) meet certain qualifications. Each Mississippi driver employed by a motor carrier (the trucking company) is required to have a “driver qualification file”. This file includes the driver’s application for employment, an inquiry to previous employers for the past three years employment history, an inquiry to state agencies for the past three years for a driving record, an inquiry to state agencies annually for driving records, an annual account of the driver’s certification of violations, a certificate or equivalent for the driver’s road test, and a medical examiner’s certificate which must be renewed every two years. Other requirements that must be met include:
a. Age:
i. Interstate Travel: (traveling within 2 or more states). The required age of A Mississippi tractor trailer (semi truck) driver is at least 21 years old. (49 CFR § 391.11(b)(1))
ii. Intrastate Travel: (within a single state). The required age of an Mississippi driver is at least 21 years old.
b. Language:
i. English: Mississippi semi truck drivers must be able to speak, understand, and converse in the English language.
ii. Mississippi tractor trailer (semi truck) drivers must understand traffic signs.
iii. Mississippi semi truck drivers must be able to make records and reports in English. (49 CFR 391.11(b)(2))
c. Operation of Mississippi Motor Carrier (Employer):
i. Experience or training qualifies Mississippi tractor trailer (semi truck) drivers to safely operate A Mississippi semi truck (tractor trailer) or Mississippi commercial vehicle. (49 CFR § 391.13)
ii. Mississippi semi truck drivers must have the physical capability to operate motor carrier. (49 CFR § 391.41)
iii. Mississippi tractor trailer (semi truck) drivers are required to reduce speed and to take into consideration bad weather conditions. A Mississippi semi truck driver must reduce speeds for snow, ice, fog, rain, smoke, dust, or other conditions that affect visibility or traction adversely. Certain conditions make it a requirement for the Mississippi driver to stop their vehicle all together. (49 CFR § 392.14)
d. Valid Mississippi License:
i. Mississippi semi truck drivers must possess a currently valid C.D.L. (Commercial Driver’s License)
ii. The valid C.D.L. is issued by Mississippi (49 CFR § 383.23(a)(2))
iii. The semi truck driver has successfully completed Mississippi road test (49 CFR § 383.23(a))
e. Mississippi Certifications:
i. Has any and all certifications required by Mississippi employer / Mississippi motor carrier (49 CFR § 391.27(c))
ii. Is not disqualified to operate a Mississippi semi truck / Mississippi motor carrier (49 CFR § 391.15)
f. Mississippi Driver Responsibility:
a. Hours of Service
i. No motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle:
(1) More than 11 cumulative hours following 10 consecutive hours off duty; or
(2) For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty, except when a property-carrying driver complies with the provisions of Sec. 395.1(o).
(b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after--
(1) Having been on duty 60 hours in any 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or
(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.
(c)(1) Any period of 7 consecutive days may end with the beginning of any off duty period of 34 or more consecutive hours; or
(2) Any period of 8 consecutive days may end with the beginning of any off duty period of 34 or more consecutive hours. (49 CFR § 395.3)
ii. The reason for these hour restrictions is to prevent driver fatigue. It has been a proven fact that driver fatigue often is a cause of interstate trucking accidents. The trucking carrier and the driver are both responsible for this type of Hours-of-Service (HOS) violation.
b. Truck Driver Logs
i. A Mississippi tractor trailer (semi truck) driver is required to keep certain specific logs to prove that he or she has not violated these Hours-of-Service rules. The Mississippi employer or motor carrier is required to inspect the drivers’ logs to confirm compliance with these regulations. (49 CFR § 395.8)
ii. Driver Logs: 49 CFR § 395.8 involve A Mississippi tractor trailer (semi truck) driver making a record of his duty status. A Mississippi driver must keep a log of his or her status for every 24 hour period. Pursuant to Section 395.8 of the Federal Motor Carrier Safety Regulations, the log is usually in written form and on a grid.
iii. Because of technology, the Mississippi semi truck driver log is often kept by an on-board recording device. The log indicates when the Mississippi driver is on and off duty and whether they are driving or in the “sleeper birth”, which is usually designated as “SB”. The Mississippi motor carrier is responsible if the tractor trailer (semi truck) driver submits a false log. (49 CFR § 395.15)
1. There are sometimes investigations regarding whether a Mississippi driver keeps two sets of logs or books, so that he or she could drive longer than they are allowed to drive by Mississippi law.
iv. The following is an example of an Hours-of-Service truck driver log with no driving violations recorded:
v. A Mississippi motor carrier (the trucking company) is responsible and required to fashion or schedule their Mississippi truck driver’s runs and routes in a way that would allow Mississippi drivers to complete them without violating any speed limits or Hours-of-Service violations.
vi. Mississippi tractor trailer (semi truck) drivers must follow posted speed limits. Trucks, often times, must follow a lower speed limit that drivers of cars.
c. Alcohol and Controlled Substances
i. Alcohol and drivers of Mississippi tractor trailers (semi trucks): A trucker cannot have any alcohol in his or her system at all while driving a tractor trailer (semi truck). This, of course, includes driving, but also when Mississippi drivers are merely “on duty”, which would include even if they were not driving, but where they are in physical control of the truck. (49 CFR § 382.201)
ii. Alcohol is not tolerated whatsoever, which is different from drivers of cars, certain vans, and motorcycles that have alcohol in their system up to certain limits, and still may be able to legally drive. The rules involving Mississippi truck drivers are extremely strict. (49 CFR § 382.205)
iii. No driver shall report for duty or remain on duty when it requires the performance of safety functions, when the driver has used any controlled substance. (49 CFR § 382.213)
d. Truck Equipment & Repair
i. A driver of A Mississippi tractor trailer (semi truck) must make sure that his or her truck (trailer, or cab) and its equipment are in good working order at all times. (49 CFR § 396.3(a)(1))
ii. This section of the Federal Motor Carrier Safety Regulations includes brakes to the tractor, brakes to the trailer, parking brakes, steering devices, lighting devices, tires, horn, windshield wipers, rear vision mirrors, and coupling devices (a coupling device is analog shift register, that transports analog signals or electric charges).
1. STUDIES SHOW THAT BRAKE FAILURE/DEFECTS ARE A MAJOR CAUSE IN A HIGH PERCENTAGE OF CRASHES: The National Highway Traffic Safety Administration (NHTSA) found that in 2004 there were over 400,000 big trucks that were involved in traffic crashes in the U.S. This study found that 5,190 people died and 116,000 were injured in those crashes. In 2004, one out of eight traffic fatalities in were a result from a collision involving a large truck.
2. It is important for regulations to be followed so that violations do not result in a Mississippi semi truck accident. Many violations exist and will result in an accident if not inspected regularly.
iii. The Mississippi tractor trailer (semi truck) driver is responsible to make sure even their emergency medical equipment is in working order and legal at all times. The truck driver has a duty to inspect it and use it. (49 CFR § 393.95)
iv. A Mississippi semi truck driver must make sure that emergency equipment is in place and ready to be used at any time. (49 CFR § 393.95)
e. Intrastate Requirements:
i. No common carrier by motor vehicle, restricted common carrier by motor vehicle, or contract carrier by motor vehicle, shall engage in intrastate operation on any highway within the State unless there is in force with respect to such carrier a Certificate of Public Convenience and Necessity, or Permit, issued by this Commission authorizing such operation. (CMSR 26-000-003)
f. Disqualifications of Driver:
i. Mississippi motor carriers, or employers or semi truck drivers, do not have the authority to disqualify a semi truck driver. Disqualifying offenses are listed in the Federal Motor Carrier Safety Regulations. (49 CFR § 391.15)
ii. Some disqualifying offenses of Mississippi semi truck drivers include (but are not limited to):
1. Driving with a revoked or suspended license
2. Driving while under the influence of alcohol or drugs
3. Leaving an accident scene that involves a commercial motor vehicle (semi truck)
4. Committing a felony with the use of a commercial motor vehicle (semi truck)
5. Speeding, or Reckless Driving
6. Improper and/or erratic traffic lane changes
7. Following another vehicle too closely when driving the semi truck
8. Railroad crossing violations when driving the semi truck
g. Law: 49 C.F.R. (Click the following link to be taken to the law in its entirety: Title 49 Law)
3. The National Network (or National Truck Network) is a network of approved state highways and interstates for semi truck (tractor trailer) drivers in the United States. The following Routes are acceptable for Mississippi semi truck drivers:
US 24 I-435 Kansas City US 65 Waverly. US 24 US 36 E. Jct. W. of Hannibal IL State Line. US 36 KS State Line St. Joseph IL State Line Hannibal. US 40 I-70 Wentzville I-270 W. of St. Louis. US 50 I-470 Exit 7 Kansas City I-44 Exit 247 Union. US 54 US 54BR Lake Ozark IL State Line. US 59 KS State Line I-229 St. Joseph. US 60 OK State Line US 71 Neosho. US 60 MO 37 Monett US 63 Cabool. US 60 2 Mi. E. of E. Jct. MO 21 Ellsinore I-55/57 Sikeston. US 61 I-70 Wentzville IA State Line. US 63 AR State Line Thayer IA State Line. US 65 AR State Line Ridgedale IA State Line. US 67 AR State Line I-55 Exit 174 Crystal City. US 67 MO 367 N. of St. Louis IL State Line. US 71 AR State Line I-435/470 Kansas City. US 71 I-29 Exit 53 N. of St. Joseph US 136 Maryville. US 71 Alt I-44 E. of Joplin US 71 Carthage. US 136 NE State Line I-29 Exit 110 Rock Port. US 166 KS State Line I-44 SW. of Joplin. US 169 I-29 Kansas City MO 152 Kansas City. US 412 AR State Line I-55 Exit 19 Hayti. MO 5 AR State Line US 60 Mansfield. MO 7 US 71 Harrisonville MO 13 Clinton. MO 13 I-44 Springfield US 24 Lexington. MO 25 US 412 near Kennett US 60 Dexter. MO 37 MO 76 Cassville US 60 Monett. MO 47 US 50 Union MO 100 Washington. MO 84 AR State Line US 412 near Kennett. MO 100 MO 47 Washington I-44 SE. of Washington. MO 171 KS State Line/KS 57 US 71 Webb City. MO 367 I-270 N. of St. Louis US 67 N. of St. Louis.
4. FALLEN CARGO: Many Mississippi semi truck accidents occur because cargo has fallen from the Mississippi truck’s trailer and injured another Mississippi motorist. Often when Mississippi semi truck accidents occur because of fallen cargo it is a result of the Mississippi driver not securing the cargo properly. There are certain rules that Mississippi semi truck drivers must follow when securing cargo.
5. LAW: Mississippi adopts “The Federal Motor Carrier Safety Regulations”, which is Title 49 of the Federal Code, with some modifications for the state of Mississippi.
6. MISSISSIPPI IS AN AT-FAULT STATE.
i. Mississippi is an at-fault state: This means that when you are injured in a Mississippi semi truck accident, the law of negligence will govern your claim. The at-fault driver is responsible for your injuries. Under the law of Comparative Negligence, you may have your claim amount reduced by the percentage that you are at-fault in your Mississippi semi truck accident.
ii. Mississippi Personal Injury Suits: When seeking damages for your personal injuries arising from your Mississippi semi truck accident, you may be able to recover for the following:
a. Permanent Serious Disfigurement
b. Loss of Enjoyment
c. Replacement Services
d. Loss of Consortium
e. Medical Bills (past & reasonable future)
f. Lost Wages/Income
g. Replacement Services
iii. Statute of Limitations: 3 years
1. If you wish to commence a suit to recover damages for injuries resulting from your Mississippi semi truck crash, you must do so within 3 years from the date of your Mississippi semi truck accident. (Miss. Code Ann. § 15-1-49)
1. IF YOUR WERE INVOLVED IN A MISSISSIPPI SEMI TRUCK ACCIDENT, YOU MAY BE INTERESTED IN THESE MISSISSIPPI TRUCKING WEBSITE LINKS:
a. Mississippi Department of Transportation
www.gomdot.com
b. Mississippi Motor Vehicle Commission
www.mmvc.state.ms.us
c. Mississippi Highway Safety Patrol: Motor Carrier Safety Division
www.dps.state.ms.us
d. Mississippi Highway Patrol
www.dps.state.ms.us/dps
e. Commercial Vehicle Safety Alliance
www.cvsa.org
f. American Trucking Associates
www.truckline.com
g. Truck Safety Coalition
www.trucksafety.org
h. Mississippi Trucking Association
www.mstrucking.org
2. CALL ATTORNEY JASON WAECHTER OF www.TruckAccidentLawyers-USA.com. Our associating attorneys in Mississippi and each state specialize in handling injury accidents involving semi trucks, or tractor trailers. Call Jason Waechter NOW for free advice. Often, time is of the essence and quick, thorough investigation makes the difference in these specialized cases. Call and speak to Attorney Jason Waechter personally NOW! 1-800-708-5433.
3. The federal regulations that governs semi truck, or tractor trailer, accidents is “The Federal Motor Carrier Safety Regulations”, which can be found at the website:
www.fmcsa.dot.gov
Our trucking law office handles or can handle cases in the following Mississippi cities:
A
Aberdeen Mississippi Semi Truck Accident, Amory Mississippi Semi Truck Accident
B
Baldwyn Mississippi Semi Truck Accident, Batesville Mississippi Semi Truck Accident, Bay St. Louis Mississippi Semi Truck Accident, Bay Springs Mississippi Semi Truck Accident, Belzoni Mississippi Semi Truck Accident, Biloxi Mississippi Semi Truck Accident, Booneville Mississippi Semi Truck Accident, Brandon Mississippi Semi Truck Accident, Brookhaven Mississippi Semi Truck Accident
C
Calhoun Mississippi Semi Truck Accident, Canton Mississippi Semi Truck Accident, Carthage Mississippi Semi Truck Accident, Charleston Mississippi Semi Truck Accident, Clarksdale Mississippi Semi Truck Accident, Cleveland Mississippi Semi Truck Accident, Clinton Mississippi Semi Truck Accident, Collins Mississippi Semi Truck Accident, Columbia Mississippi Semi Truck Accident, Columbus Mississippi Semi Truck Accident, Corinth Mississippi Semi Truck Accident, Crystal Springs Mississippi Semi Truck Accident
D
D'Iberville Mississippi Semi Truck Accident, Drew Mississippi Semi Truck Accident, Durant Mississippi Semi Truck Accident
E
Ellisville Mississippi Semi Truck Accident, Eupora Mississippi Semi Truck Accident
F
Fayette Mississippi Semi Truck Accident, Flowood Mississippi Semi Truck Accident, Forest Mississippi Semi Truck Accident, Fulton Mississippi Semi Truck Accident
G
Gautier Mississippi Semi Truck Accident, Greenville Mississippi Semi Truck Accident, Greenwood Mississippi Semi Truck Accident, Grenada Mississippi Semi Truck Accident, Gulfport Mississippi Semi Truck Accident
H
Hattiesburg Mississippi Semi Truck Accident, Hazlehurst Mississippi Semi Truck Accident, Hernando Mississippi Semi Truck Accident, Hollandale Mississippi Semi Truck Accident, Holly Springs Mississippi Semi Truck Accident, Horn Lake Mississippi Semi Truck Accident, Houston Mississippi Semi Truck Accident
I
Indianola Mississippi Semi Truck Accident, Itta Bena Mississippi Semi Truck Accident, Iuka Mississippi Semi Truck Accident, Isola Mississippi Semi Truck Accident, Inverness Mississippi Semi Truck Accident
J
Jackson Mississippi Semi Truck Accident
K
Kosciusko Mississippi Semi Truck Accident
L
Laurel Mississippi Semi Truck Accident, Leland Mississippi Semi Truck Accident, Lexington Mississippi Semi Truck Accident, Long Beach Mississippi Semi Truck Accident, Louisville Mississippi Semi Truck Accident, Lucedale Mississippi Semi Truck Accident, Lumberton Mississippi Semi Truck Accident
M
McComb Mississippi Semi Truck Accident, Macon Mississippi Semi Truck Accident, Madison Mississippi Semi Truck Accident, Magee Mississippi Semi Truck Accident, Magnolia Mississippi Semi Truck Accident, Marks Mississippi Semi Truck Accident, Mendenhall Mississippi Semi Truck Accident, Meridian Mississippi Semi Truck Accident, Moorhead Mississippi Semi Truck Accident, Morton Mississippi Semi Truck Accident, Moss Point Mississippi Semi Truck Accident, Mound Bayou Mississippi Semi Truck Accident
N
Natchez Mississippi Semi Truck Accident, Nettleton Mississippi Semi Truck Accident, New Albany Mississippi Semi Truck Accident, Newton Mississippi Semi Truck Accident
O
Ocean Springs Mississippi Semi Truck Accident, Okolona Mississippi Semi Truck Accident, Olive Branch Mississippi Semi Truck Accident, Oxford Mississippi Semi Truck Accident
P
Pascagoula Mississippi Semi Truck Accident, Pass Christian Mississippi Semi Truck Accident, Pearl Mississippi Semi Truck Accident, Pelahatchie Mississippi Semi Truck Accident, Petal Mississippi Semi Truck Accident, Philadelphia Mississippi Semi Truck Accident, Picayune Mississippi Semi Truck Accident, Pontotoc Mississippi Semi Truck Accident, Poplarville Mississippi Semi Truck Accident, Port Gibson Mississippi Semi Truck Accident, Purvis Mississippi Semi Truck Accident
Q
Quitman Mississippi Semi Truck Accident
R
Raymond Mississippi Semi Truck Accident, Richland Mississippi Semi Truck Accident, Ridgeland Mississippi Semi Truck Accident, Ripley Mississippi Semi Truck Accident, Robinsville Mississippi Semi Truck Accident, Rolling Fork Mississippi Semi Truck Accident, Rosedale Mississippi Semi Truck Accident, Ruleville Mississippi Semi Truck Accident
S
Saltillo Mississippi Semi Truck Accident, Senatobia Mississippi Semi Truck Accident, Shaw Mississippi Semi Truck Accident, Shelby Mississippi Semi Truck Accident, Southaven Mississippi Semi Truck Accident, Starkville Mississippi Semi Truck Accident, Stafford Springs Mississippi Semi Truck Accident
T
Tupelo Mississippi Semi Truck Accident
V
Verona Mississippi Semi Truck Accident, Vicksburg Mississippi Semi Truck Accident
W
Water Valley Mississippi Semi Truck Accident, Waveland Mississippi Semi Truck Accident, Waynesboro Mississippi Semi Truck Accident, West Point Mississippi Semi Truck Accident, Wiggins Mississippi Semi Truck Accident, Winona Mississippi Semi Truck Accident
Y
Yazoo City Mississippi Semi Truck Accident
*There are many exceptions to Mississippi semi truck accident law and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your Mississippi semi truck injury.
*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.
***Law portion of site in progress. Mississippi trucking law regarding Mississippi semi truck accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.
Mississippi Truck Accident Lawyers helping truck accident victims. If you were injured in a truck accident, you need to speak with a qualified trial attorney, one who knows truck law. We can help you find the right law firm to represent you.
