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What Mississippi Laws Frame a Case Against a Drunk Truck Driver in Jackson?

— August 10, 2022

Catastrophic injuries are those injuries that are so severe they can affect a person’s life permanently

Even though the United States Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) regulates truck driver actions through hours worked, licensure and training requirements,  and CDL record review including periodic medical screening, and drug and alcohol testing, serious accidents occur due to size discrepancies between trucks and passenger vehicles. Truck accidents often cause catastrophic loss and severe life altering events requiring unbiased valuation services to calculate current and future costs of medical services including follow-up surgeries, life-expectancy impacts, loss of wages in current career versus re-training for comparable household income after a catastrophic injury. The best possible financial strategies will support a comprehensive settlement amount requested by accident attorneys in the interests of injured parties after a drunk driving accident.  

Commercial truck drivers and DUI

Commercial truck drivers who drive under the influence, or operate a vehicle under the influence (DUI or OUI) in Jackson Mississippi can be charged with this serious offense as in most of the United States due to the amount of death and injury caused by this negligent act.  Seeking damages for personal injuries related to a drunk driving truck accident must adhere to the framework of Mississippi Laws where:

  • Mississippi has a statute of limitations (a designated time-period for filing a claim) of three years from the date of the accident. You must file your claim with a Mississippi court who has authority over your injury within that time-period or they will refuse to hear your case.  Title 15 of the Mississippi Code Sec. 15-1-49 addresses this part of the law.
  • Mississippi has a “Pure Comparative Negligence Rule” where the percentage of your fault will determine how much compensation you may be entitled to recover.  The compensation you will receive will be adjusted in accordance with that percentage of fault assigned to you.  If the accident was caused due to drunk driving, a DUI criminal conviction may have some bearing on the outcome of the personal injury case as the other party may be 100% responsible for the accident due to drunk driving.
  • Mississippi does not cap damages in personal injury cases. The Mississippi Supreme Court has consistently ruled these caps unconstitutional under the state’s constitution.
  • Follows requirements for commercial drivers as regulated by the FMCSA.


Doctor performing surgery; image by Pixabay, via
Doctor performing surgery; image by Pixabay, via

Catastrophic injuries are those injuries that are so severe they can affect a person’s life permanently.  Damages include compensation for replacement or repair of property, costs incurred from medical professionals treating injuries, loss of wages, changes in lifestyle, pain and suffering and wrongful death claims. Talk to Jackson truck accident lawyers regarding how the compensation will be based on the award set by a court of law, and remember that it is important for victims to maintain accurate financial records related to accident costs.

Hire an attorney

Truck accident victims should contact experienced lawyers at The Heilman Law Group who will make sure victims receive compensation that addresses medical expenses, property damages, lost wages, future lost wages, and pain and suffering. 


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