How to Prove Negligence in a Mississippi Truck Accident Case
At The Stubbs Law Firm, we represent people injured in devastating truck accidents across Mississippi. If you or a loved one was hurt in a crash involving an 18-wheeler or commercial truck, one of the most important legal hurdles you’ll face is proving negligence. In other words, you’ll need to show that someone else—whether it was the truck driver, the trucking company, or another party—acted carelessly and caused your injuries.
Proving negligence is the foundation of any personal injury case. It’s how we hold dangerous drivers accountable, and how we help our clients recover compensation for medical bills, lost wages, pain and suffering, and more. Here's what you need to know about proving negligence in a Mississippi truck accident claim—and how we can help.
What Is Negligence in a Truck Accident Case?
Negligence occurs when someone fails to use reasonable care, resulting in harm to someone else. In a truck accident, this might include things like:
A driver speeding, texting, or falling asleep behind the wheel
A trucking company failing to maintain its vehicles
A dispatcher pressuring drivers to exceed hours-of-service limits
A loading crew improperly securing cargo
To prove negligence, we need to establish four main elements:
Duty of care: The truck driver or company had a legal obligation to act safely.
Breach of duty: They failed to uphold that duty through careless or reckless behavior.
Causation: That failure directly caused the crash and your injuries.
Damages: You suffered actual losses—physical, emotional, and financial—as a result.
Gathering the Evidence: How We Prove Fault
Truck accident cases are more complex than standard car crashes. That’s because trucking companies are subject to both Mississippi traffic laws and strict federal regulations under the FMCSA (Federal Motor Carrier Safety Administration). These rules provide us with powerful tools to help prove negligence.
At The Stubbs Law Firm, we dig deep to gather key evidence such as:
Black box data: Most commercial trucks have electronic control modules that record speed, braking, and other actions leading up to the crash.
Driver logs: These show how many hours the driver had been behind the wheel and whether they violated rest requirements.
Maintenance records: These may reveal if the truck was poorly maintained or had a history of mechanical issues.
Employment records: We investigate whether the company properly trained and supervised the driver.
Witness statements and police reports: Firsthand accounts and law enforcement observations help back up your claim.
Photos and video: Dashcam footage, traffic camera recordings, and accident scene images often reveal critical details.
We also work with accident reconstruction experts and medical professionals to strengthen your case. Our goal is to leave no doubt about who was at fault—and how your life has been affected.
Common Parties Who May Be Liable
One of the challenges in truck wreck cases is that multiple parties may share liability. Depending on the facts, we may pursue claims against:
The truck driver, if they were distracted, impaired, or driving recklessly
The trucking company, if they hired unqualified drivers or encouraged unsafe practices
The truck’s manufacturer, if a defective part caused the wreck
A loading company, if cargo shifted or fell due to poor loading
A third-party contractor responsible for maintenance or dispatch
We know how to untangle these complicated relationships and identify everyone who contributed to the crash.
Why Acting Quickly Matters
Time is critical after a truck accident. Trucking companies often deploy their own investigators to the scene within hours to protect themselves. Meanwhile, important evidence—like black box data and surveillance footage—can be lost or destroyed.
When you hire us, we send legal notices to preserve evidence and begin building your case immediately. The sooner we get involved, the better we can protect your claim.
Let Us Fight for You
If you’ve been injured in a truck wreck in Mississippi, don’t go up against the insurance companies alone. At The Stubbs Law Firm, we understand what it takes to prove negligence and win truck accident cases. We’ve helped countless victims like you get the compensation they need to heal and move forward.
Call us today for a free consultation. There are no upfront fees—we only get paid if we win your case.