What to do and how to file a claim after a truck hit you — Mississippi

Short answer: Get medical care, preserve evidence and the police/crash report, notify the insurer(s), and either file an insurance claim or a lawsuit before Mississippi’s deadline. If the truck is commercial, the carrier or owner may be liable. This article explains the practical steps, who can be responsible, timelines under Mississippi law, and when to consult an attorney.

Detailed answer

1. Immediate steps you must take

• Prioritize health: seek emergency care or see a doctor immediately. Some injuries show up hours or days later.
• Call 911 and get a police report at the scene. The officer’s crash report is key evidence.
• Collect information: driver name, vehicle registration, company name on the truck, insurance information, plate number, and contact details for witnesses. Take photos of the scene, damage, skid marks, injuries, vehicle positions, and visible road signs or signals.
• Do not agree on fault or sign statements admitting blame at the scene.
• Preserve any physical evidence (clothing, damaged belongings) and keep a log of medical visits and all expenses.

2. Crash reports and documents you should get

• Obtain the official motor vehicle crash report. In Mississippi this is handled through the Mississippi Department of Public Safety; search or request reports through the Department of Public Safety (Motor Vehicle Crash Reports): https://www.dps.ms.gov/section/motor-vehicle-crash-reports.
• Get copies of medical records, bills, wage records, repair estimates, and witness contact information.
• If the truck is commercial, preserve the commercial vehicle’s identifying numbers (DOT number) visible on the truck; that helps identify the carrier and insurance.

3. Who can be liable in a truck crash?

Potential defendants include:

• The truck driver for negligence (speeding, distracted driving, impairment, failure to yield).
• The trucking company or vehicle owner under respondeat superior (employer liability) if the driver was on the job.
• The cargo loader, maintenance provider, or parts manufacturer if faulty loading or defective equipment contributed.
• A government entity if a government vehicle or hazardous road condition was a cause (special notice rules may apply under Mississippi law).

4. Insurance claims vs. lawsuit

Most cases start by filing a claim with the at-fault party’s insurer. For commercial trucks, the carrier often has higher insurance limits (commercial auto policies, motor carrier liability). Typical steps:

1. Notify your own insurer (especially if you have Personal Injury Protection, MedPay, or uninsured/underinsured motorist coverage).
2. File a claim against the truck driver’s insurer and the trucking company’s insurer. Provide the crash report, photos, medical records, and bills.
3. Insurers may investigate and make a settlement offer. Do not accept any settlement or give a recorded statement without fully understanding your medical prognosis or talking to a lawyer.
4. If the insurer refuses a fair settlement, you can file a lawsuit in civil court to pursue damages (medical expenses, lost wages, pain and suffering, future care, property damage).

5. Deadlines — Mississippi statute of limitations

Mississippi law imposes a time limit to start most personal injury lawsuits. The usual limit for personal injury claims is three years from the date of the injury (see Mississippi Code regarding actions for injury to the person). For the most current statutory language, check the Mississippi Code and the Mississippi Legislature website: https://www.legislature.ms.gov/. Missing the deadline (statute of limitations) can permanently bar your lawsuit, so act promptly.

6. Special rules that may apply

• If the truck was owned or operated by a government entity, different notice requirements and caps may apply under the Mississippi Tort Claims Act. See the Mississippi Legislature site for the Tort Claims Act provisions: https://www.legislature.ms.gov/.
• Commercial motor carriers are subject to federal safety and record-keeping rules (Federal Motor Carrier Safety Administration). Those rules can create additional evidence (driver logs, inspection records) and discovery opportunities: https://www.fmcsa.dot.gov/regulations.
• Mississippi applies fault-based recovery rules. A court may reduce a recovery by your percentage of fault. Because fault allocation affects recovery, documentation and an early legal review help protect your rights.

7. Why an attorney often matters in truck-crash cases

Truck cases frequently involve high-stakes claims, commercial carrier insurance, complex evidence (black box data, electronic logs, maintenance records), and corporate defenses. An attorney experienced with truck crashes can:

• Identify all potentially liable parties (driver, carrier, owner, maintenance or loading companies).
• Obtain time-sensitive evidence (driver log books, ELD data, maintenance records) before they are destroyed.
• Handle communications with insurers and preserve your right to full compensation.
• File suit and manage litigation if needed to get fair compensation.

Helpful Hints

• Get medical care right away and follow up — medical records are primary proof of injury.
• Get the crash report as soon as available from the Mississippi Department of Public Safety: https://www.dps.ms.gov/section/motor-vehicle-crash-reports.
• Preserve the truck’s DOT number, company name, and any identifying marks on the truck; commercial carriers have insurance that may cover substantial losses.
• Do not sign a release or accept the first settlement offer until you understand the extent of injuries and future care needs.
• Avoid recorded statements to the at-fault insurer without legal advice; insurers use statements to limit payouts.
• Document lost income and out-of-pocket costs, and keep receipts for all crash-related expenses.
• If a government vehicle or agency caused the crash, check for special notice or filing requirements and shorter deadlines under Mississippi law.
• Contact an attorney early if injuries are serious, the other party was a commercial carrier, or the insurer denies responsibility.

Key resources:

• Mississippi Department of Public Safety — Motor Vehicle Crash Reports: https://www.dps.ms.gov/section/motor-vehicle-crash-reports
• Federal Motor Carrier Safety Administration (FMCSA) — regulations and carrier info: https://www.fmcsa.dot.gov/regulations
• Mississippi Legislature (state statutes and code): https://www.legislature.ms.gov/

When to get help: If you have significant medical bills, ongoing treatment, permanent injury, or disputes with insurers about fault or coverage — consult a Mississippi personal injury attorney soon so time-sensitive evidence can be preserved and deadlines met.

Disclaimer: This article explains general information about filing claims after a truck crash under Mississippi law. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Mississippi attorney.