Large truck accidents are a serious concern on the roadways of Las Vegas. Individuals who get involved in truck accidents suffer severe bodily injuries or even death. Some regulations are subjected to truck drivers and companies and aim to ensure other road users' safety. Most drivers and trucking companies do not follow these regulations, and their negligence may cost your health and finances in case of an accident. If you get injured in a truck accident, you can file a compensation claim against the persons responsible for the collision. If you are involved in a truck accident, you may not know of the violations committed by liable parties. Therefore, it is crucial to seek guidance from an experienced personal injury attorney. At Las Vegas Personal Injury Attorney Law Firm, we work diligently to ensure that you receive maximum compensation for your truck accident injuries.
Overview of Truck Accidents in Nevada
Trucking accidents are not very common on the roads in Las Vegas. However, these vehicles are heavy, and when an accident occurs, the collision results in severe bodily injuries or even death. Truck drivers and trucking companies are subjected to heightened rules and regulations that do not apply to conventional vehicles. The company that owns the trucks is responsible for ensuring that they are in the right condition before going to the road. Also, they need to hire qualified personnel to avoid negligence on the road.
If you or your loved one gets injured in a truck accident, you are entitled to compensation. By filing a compensation claim against the liable, you can recover compensation for the losses you incurred due to the accident injuries. When deciding to file a lawsuit, you need to understand how the accident occurred and the parties who contributed to the collision. This will help you prove liability for the accident and get the compensation you deserve.
Common Causes of Truck Accidents
After a truck accident occurs, many individuals assume that the truck driver was at fault for the collision. However, several factors could contribute to the occurrence of a crash involving heavy trucks, including:
Truck driver fatigue is one of the leading causes of truck accidents where the driver is at fault for the accident. Due to the long distance that these drivers travel, they may lack a rest break. This causes truck drivers to fall asleep while on the wheel, lose focus, and have a slower reaction to emergencies. This increases their risk of hitting other vehicles or obstacles on the road, causing serious accidents.
Driving a truck while under the influence of alcohol or other drugs cause the driver to be physically or mentally impaired. This increases their risk of getting into a collision. Also, drunk drivers rarely follow traffic rules. Most intoxicated drivers will not yield the right of way or stay in their lanes and cause serious accidents involving multiple vehicles. When you call the police at the truck accident scene, they could take the drivers' blood or breath alcohol content. If the driver's results exceed 0.08%, you can use this information to file a lawsuit against them for your injuries.
Overloading of Truck
Trucks often ferry heavy loads. However, some regulations dictate the maximum weight that each vehicle should carry. Due to the trucking company's ambitions to transport more goods and make more money, they may tend to overload the trucks. An overloaded vehicle will always be unstable and difficult to maneuver and is more susceptible to an accident. An overloaded could lose control and get out of their lane, causing multiple vehicle accidents if you suffer injuries in a truck accident caused by overloading.
In Las Vegas, at least 20 percent of all truck accidents are caused by excessive speed. Unreasonable deadlines and tight schedules often compel the truck drivers to operate the vehicle over the speed limit. Trucks already have a longer braking time due to their weight, and exceeding the speed limit makes it more difficult to stop in case of an emergency. Overs speeding often results in some of the most catastrophic accidents, including rollover accidents, pedestrian accidents, and head-on collisions.
A driver is considered to be distracted if their physical and mental attention is not on the road. When driving for long hour truck drivers, get tempted to multitask and become distracted. This is by texting or using the phone while on the wheel or reaching out for something. Truck drivers tend to forget that the vehicles are operating large vehicles to cause catastrophic accidents. When you get involved in such an accident, your injury attorney could hold them liable for your injuries.
Poor Truck Maintenance
Trucks are heavy vehicles and travel long distances; thus, they are subject to wear out with time. The federal government had put regulations on the maintenance protocols of these vehicles. The trucking company and the truck drivers are responsible for ensuring that the trucks are properly maintained and repaired in case of damage. If a truck collision occurs and is attributed to poor truck maintenance and faulty equipment, you can file a compensation claim against the driver and the truck owner.
Lack of Proper Truck Driver Training
Trucks require skilled personnel to navigate. The truck drivers must have some form of training with other experienced drivers. This will help understand navigating the vehicle under different circumstances. Sometimes, trucking companies attempt to save on costs by hiring untrained or poorly trained drivers to operate long hours. These drivers lack the expertise required to operate these large vehicles safely. This increases the risk of getting into an accident with other vehicles. If you or your loved one gets injured in such a crash, the trucking company will be held liable.
Faulty Vehicle Parts
Although most truck accidents are caused by driver negligence, many collisions are caused by malfunctioning parts of commercial trucks. Some of the most common parts that are known to fail and cause a collision to include:
- Brake failure. Brakes are one of the most crucial components of a truck. The brakes allow the driver to slow down or stop in emergencies. When brakes are effective due to manufacturing defects or poor maintenance, accidents could be quite fatal.
- Lighting. Proper lighting is necessary for truck drivers to see other motorists when operating at night. When the lights are broken, the driver can easily crash into obstacles or other vehicles.
- Defective tires. Tires create friction between the vehicle and the road to avoid sliding. Sometimes, long term use without repairs could wear out the tires, making them ineffective. The issue of defective tires could be corrected with proper inspection and truck maintenance.
- Steering wheel. The steering controls the direction in which the truck moves. A defect on the steering mechanism could make it difficult to control the vehicle. Also, the driver will not be able to evade obstacles and thus to increase the likelihood of crashing.
Cutting off a Truck by Other Vehicles
The size and weight of trucks make it difficult for them to stop quickly or maneuver emergencies. When drivers of small vehicles change lanes abruptly or pull up in front of the trucks, the truck driver cannot immediately stop. This could cause the truck to roll over or crash into other vehicles causing a serious accident. In such a situation, the other vehicle's driver may be held liable for your injuries in a personal injury claim.
Failing to move a disabled vehicle from the road could be catastrophic. When a truck gets to the blocked roadway, it will have no place to go causing an accident to be unavoidable. If the truck loses control or rolls over after such an occurrence, it could hit other vehicles on pedestrians on the road.
Poor road Infrastructure
Poor road conditions such as potholes, uneven surfaces, road cracks, and broken concrete can damage more than just a bumpy ride. When a truck driver hits a huge pothole on the road, they could lose control over the vehicle, causing it to move to another vehicle's lane. Sometimes these poor road conditions could cause vehicle damage like bursting the tires, causing the vehicle to roll over, injuring drivers and passengers of other vehicles or pedestrians.
If you get involved in an accident resulting from poor road conditions, you can file a claim against authorities responsible for maintaining the roads. Filing a personal injury claim against a government entity can be quite complicated, and it would be wise to seek guidance from an attorney.
Unfavorable Weather Conditions
Unfavorable weather conditions are a common cause of truck accidents. Truck drivers operate for long distances without rest, and when the weather conditions are adverse, such as snow and heavy rain, visibility is impaired. No matter how much experience a driver has in operating under harsh conditions, reduced visibility increases the chances of hitting obstacles.
Some conditions, such as precipitation, affect the interactions between the wheels and the road. When the road is slippery, there is less friction between the wheels and roads, making it harder to stop the vehicle completely.
Understanding the cause of a truck accident in which you have involved aids in identifying the liable parties. You can use the dynamic of the accident to file a personal injury claim against these liable individuals.
Proving Negligence in a Truck Accident Lawsuit
Understanding the cause of a truck accident is not enough to get compensation for your injuries. You need to establish the persons who are liable for your injuries and file a claim against them. Most personal injury lawsuits are based on negligence. Negligence is the reckless disregard for the safety and wellbeing of others. The following are elements of negligence you need to establish before you receive compensation for injuries you suffered in a truck accident:
- Duty of care. To establish negligence in a truck accident compensation claim, you must show that the defendant owed you a duty of care. The duty of care is the obligation that each road user has to ensure they do not harm other people. In this case. Drivers of other vehicles and pedestrians should act in a way that ensures the safety of others.
- Breach of duty. After establishing that the defendant owed you a duty of care, you must prove that they breached the duty. An individual breaches their duty of care towards you by acting in a way that is likely to cause you injuries. Acting like a reasonable person is a legal standard used to compare the defendant's behavior. Some of how a defendant breaches a duty of care is drunk driving and failure to follow traffic rules.
- Causation. After proving that the defendant breached their duty of care, it should be clear that the breach resulted in your injuries. Showing the direct relationship between breach of duty and your injuries could be quite complicated. Therefore, guidance from a personal injury attorney is crucial.
- Damages. Along with showing that the defendant's negligence caused the accident, you must prove that you suffered damages. Your claim should include damages such as medical expenses or lost wages. These damages will help in calculating compensation for your loss.
Presenting Relevant Evidence in a Truck Accident Lawsuit
Truck accidents are among the most devastating accidents that one could encounter. If you survive the accident, you are likely to suffer severe bodily injuries. Investigating the factors surrounding a truck accident aids in compensation for your injuries in a personal injury claim. Some of the most crucial pieces of evidence in a truck accident lawsuit will include:
Photographs or Videos
If you get injured in a truck accident, you will want to get compensation for the accident. However, you need to prove that another person was liable for the crash. After the accident, it would be wise to take photographs or a video of the accident scene. This can help give your attorney a clear account of how the accident happened. Also, the photographs could show the behavior of the different parties involved in the truck collision.
Immediately after the accident, you need to call the police and wait for them to arrive at the accident. Also, you should explain your account of the accident and ensure they prepare a report. A police report often indicates what each involved party told the officers. Also, behaviors exhibited by other parties such as drunk driving is indicated in this document. When preparing material for your injury claim, your attorney could request the report and use it to compensate you.
Truck accidents are often very fatal, and they could involve several vehicles. Also, these accidents attract a large crowd of witnesses. Before leaving the collision scene, it is important to identify individuals who witnessed the accident and ask for their contacts. You can also request them to be witnesses in your case if you decide to file a lawsuit after the truck accident.
Truck Inspection Records
In some cases, truck accidents are caused by poorly maintained vehicles whose function fails. Trucks are heavy vehicles that require constant repair and maintenance. If this is not done, some faulty parts could affect the function and cause an accident. When trying to prove that the truck company was liable for your injuries, you can present the truck inspection and repair records to show their noncompliance.
Your Medical Records
Your medical records are one of the most significant pieces of evidence required in a personal injury lawsuit. After an accident, you will likely suffer a severe bodily injury, which may cost you a fortune to treat. Fortunately, you can get compensation for the amount you used to cover the medical benefits. However, you will be required to prove your injuries and the loss you incurred to cover the bills. When you seek treatment, ensure all the injuries are documented, and the records are kept well for use in your claim.
When you suffer serious injuries from a truck accident, it could be quite difficult to return to work. If you want to claim compensation for the lost wages or a future capacity to earn, you need evidence. A professional witness such as a financial analyst can help determine the amount you lost due to the injuries you suffered from a truck accident.
Compensation for Truck Accident Injuries in Nevada
If you get injured in a truck accident in Nevada, you could be expecting to get compensation from the insurance company. However, insurance companies will not give you an easy time. They try as much as possible to protect themselves and ensure they incur as little cost as possible to compensate you. If you hope to get maximum compensation for your injuries, it is crucial to seek guidance from a competent personal injury attorney. A successful claim will see you accrue the following benefits:
Truck accidents are often very fatal, and they result in catastrophic injuries or even death. After involvement in such an accident, you will likely incur a huge cost in medical bills. If you are successful in your lawsuit, you can receive compensation for the amount you used to cover your medical expenses. However, before you receive these benefits, you may show proof of the medical expenses. Your medical reports are the most important evidence you can use to claim compensation for medical bills.
When you are involved in a serious truck accident, you may not return to work right away. This is because some of the injuries you are likely to suffer will require hospitalization. Lost wages is the number of earnings you lose when you are nursing
When you are involved in a serious truck accident, you may not return to work right away. This is because some of the injuries you are likely to suffer will require hospitalization. Lost wages are the number of earnings you lose when you are nursing your injuries. When deciding the amount of compensation you will receive for lost wages, you may need to show the loss.
Lost Future Earnings
Catastrophic truck accidents result in severe bodily injury or death. If you survive the accident, you are likely to suffer serious injuries. These injuries require a long time to recover. Also, you may not be able to return to work after the accident. The loss of future earning is the inability to work in the future due to your injuries. However, you do not require a permanent injury to recover these benefits.
If your loved one succumbed to death due to truck accident injuries, you could claim compensation for the wrongful death. By filing a wrongful death lawsuit, you can recover compensation for the lost consortium and funeral expenses. Seeking compensation for wrongful death is quite complicated since the main witness cannot testify. Therefore, it would be wise to consult a personal injury attorney when navigating a wrongful death claim.
Pain and Suffering
Involvement in a truck accident could be quite traumatizing. Also, the physical pain that is involved in truck accident injuries is immense. Even though there is no measure of pain and suffering, you can get compensation for the pain in a successful personal injury lawsuit.
Find a Personal Injury Attorney Near Me
Trucks are heavy vehicles that carry cumbersome loads for long distances. Truck accidents may not be as common as other automobile accidents. However, when a truck is involved in a collision, the results are often catastrophic. Several factors may contribute to this type of accident, both from within the truck like defective parts or external factors such as poor road conditions. If you or your loved one gets injured in a negligent truck accident, you are entitled to compensation. However, you are required to find the accident's cause, identify the liable parties, and file a lawsuit against them. For a better chance at getting maximum benefits from your claim, you will require legal guidance from the Las Vegas Personal Injury Attorney. Contact us today from any location near Las Vegas, Nevada, at 702-996-1224 to discuss the details of your claim.