Truck Accident

You see tractor-trailers and semis rolling down the highway every time you travel on Nevada’s major roads. One of the biggest differences between these two types of vehicles and passenger vehicles is easy to see. There is an exponential difference between the size and weight of big trucks and passenger vehicles. Loaded trucks weigh as much as thirty times that of automobiles. The occupants of the smaller vehicle always have the greatest disadvantage in any crash with a large truck.

Truck crashes between large trucks and smaller passenger vehicles are most likely to cause fatalities to people in the passenger vehicle. The smaller vehicles also receive the greatest degree of property damage.

Truck accidents are more likely to involve multiple vehicles than crashes where trucks are not involved. This is due partly to the large surface area of a truck and to its need for space to get stopped. Once the truck driver begins to brake or tries to steer away from the crash, there is a high chance of the truck coming into contact with other vehicles.

Truck wrecks involving multiple vehicles make it more difficult to prove your claim and get fair compensation. Your attorney must show which parties were liable for the accident. Having multiple parties also increases the opportunities to pass the blame for the accident to someone else. You need a Las Vegas truck accident lawyer with a proven record of handling complex truck accident cases successfully. Contact Bay Law Accident Attorneys to learn more about getting a fair settlement for your case.

Determining fault in a truck accident is critical to your claim. The courts and insurance companies assign fault based on the principles of negligence. Nevada observes a comparative negligence law that allows more than one party to be at fault. As long as you are not more than 50 percent to blame for the crash, you can still pursue compensation.

One reason that truck accidents are so complex is that there might be multiple parties included in your claim, including:

• The truck driver
• The trucking company
• The truck manufacturers
• The maintenance company
• The loading company

Ultimately, the courts will determine who is liable for the injuries and other damages. Regardless of who is determined at fault, you have the legal right to file a claim against the parties who caused the accident that harmed you. In the state of Nevada, you have 2 years from the date of incident to file a lawsuit. Your truck accident lawyer will investigate the accident and identify the liable parties.

A Las Vegas truck accident attorney from Bay Law Accident Attorneys will gather information from eyewitnesses and citations given at the accident scene. The police will examine the details of the accident and talk with eyewitnesses at the scene. Once they form an opinion of the cause of the accident, they will include it in the report. Although the police report does not definitively determine fault, citations given after the accident help to indicate which driver was acting carelessly.

If it looks like the truck driver might be at fault for causing your accident, you can pursue a claim against them and sue them if necessary. If the truck driver was working at the time of the accident, the truck company is usually liable for the truck driver’s negligence under the doctrine of respondent superior. This doctrine typically applies in tort cases and holds employers responsible for their employees’ wrongful acts.

The doctrine is often invoked in truck accidents where the plaintiff holds both the employer and employee liable. Since the doctrine only applies to employees and not independent contractors, trucking companies might deny coverage based on the employment relationship between the driver and the company.

The trucking company is often the responsible party, but proving their liability is difficult. Therefore, it is important to hire a reputable truck accident attorney in Las Vegas. The attorneys at Bay Law Accident Attorneys know how to find and expose certain details that contributed to the accident. For example, the company might have cut corners that prevented the truck from being safe or pushed the driver to meet unrealistic deadlines.

To have a valid claim against the trucking company, you must be able to prove that:

• The driver was an employee of the trucking company
• The driver was performing his lawful duties
• The accident occurred while the driver was working in the employment of the company

The final determination of who is liable depends on multiple factors. The driver might have been using drugs, drinking alcohol, or driving distractedly or while fatigued. Someone other than the trucking company might have owned the truck. The manufacturer might have created faulty parts. It takes the skills of an experienced truck accident lawyer to uncover the details that will point to all liable parties.

It isn’t unusual for attorneys to hear from potential clients that there are mistakes in the police report. Police report errors can cause the accident victim to get blamed for causing a terrible truck accident when they weren’t at fault. Omissions in the report, such as a failure to document the accident victim’s injuries, can also cause problems. Being accused of causing the accident makes the event more overwhelming and challenging to prove.

While the police report is an important piece of evidence, it isn’t law enforcement’s opinion that determines who caused the wreck. It is the evidence that they record — such as witness contact information, weather conditions, or statements by various parties — that impact a case. Police officers include their opinion based on immediate findings on the report, but this information isn’t allowed as evidence in court.

The police officer might make a decision without having adequate information or training. They have no personal knowledge of what happened. After listening to everyone’s statements, they might make a guess about what happened.

It is normal for the insurance companies and the other parties in the wreck to try and shift the blame. No one wants the financial obligation of paying for the substantial injuries that often occur during a truck accident. It is essential to have a Las Vegas truck accident lawyer to help you fight against incorrect assumptions and erroneous assignment of blame. Bay Law Accident Attorneys will gather evidence to help prove who was at fault in the accident. We will even challenge the opinion of the police officer in the police report if needed. You can count on our law firm to get to the truth and back up your claim in court.

Trucking accidents can cause devastating damage and catastrophic or fatal injuries. The actual amount of compensation you get depends on the ability of the liable party to pay and the estimated cost of your current and future damages.

Truck accident attorneys in Las Vegas use a formula to calculate an estimate that includes your medical bills, property damage, lost income, and pain and suffering.

Medical bills include everything — past and future — needed for your recovery, including:

• Emergency transportation
• Hospital and surgical bills
• Prescription costs
• Home health care
• Outpatient doctor visits
• Cost of rehabilitation

Lost wages for time missed from work because of your injuries. Your attorney will keep records of your salary and any bonuses, tips, or other additional earnings to calculate past and future earnings.

Property damage is usually significant in truck accidents involving 18-wheelers and semis. Your attorney will rely on professionals and industry guides to estimate how much it will cost to repair or replace your vehicle.

Pain and suffering are non-economic damage. Unlike the economic damages listed above that you can put an actual price tag on, putting a value on pain and suffering is more difficult to calculate. The value is often estimated by multiplying the sum of economic damages by a number between 2 and 3. Your semi-truck accident attorney will fight to get the highest possible recovery of non-economic damages. The number will depend on the severity of your injuries, your prospects for a complete and quick recovery, the impact your injuries have on your day-to-day life, and the clarity of fault for the accident.

Truck drivers cause the majority of truck accidents. The reason might be driving under the influence of drugs or alcohol, speeding, distracted driving, or failing to account for poor weather conditions.

Sometimes the drivers make poor judgment calls due to the influence of the trucking company. They might speed to try and make deadlines or drive poorly maintained vehicles that create safety hazards on the road. Failing to enforce break periods can result in driver fatigue. Some trucking companies also fail to screen new hires or provide proper training to ensure they are prepared for the job.

The trucking company can cause truck accidents in other ways too. They might push the drivers to make their deliveries faster and causing them to speed. Overwork or encouraging drivers to exceed limited driving hours can cause fatigue. Failing to follow safety protocols or cutting corners on new equipment or maintenance can also result in mechanical failures that cause accidents.

The difference in weight between a truck and a passenger vehicle results in much more forceful impacts than between two smaller vehicles. A semi-truck can literally crush a passenger vehicle. An accident involving a large truck and a lighter vehicle has a much higher chance of causing extensive property damage, serious injury, and death.

In 2020, 97 percent of passengers killed in two-vehicle crashes involving a large truck and a passenger vehicle were occupants of the passenger vehicles. There are many opposing opinions about the biggest contributing factors to these crashes and who is to blame. Some experts claim the biggest problem is mechanical, while others are adamant it is unsafe practices by the trucking companies. There are also instances where drivers causing wrecks have a long history of previous charges against them.

Determining liability in truck accidents is more difficult than in auto accidents involving two passenger vehicles. Getting compensation for your injuries and damages is also more complex. An experienced truck crash attorney from Bay Law Accident Attorneys can help you get to the bottom of what caused your accident and get you the compensation you need.

The Federal Motor Carrier Safety Administration (FMCSA) is the leading federal government agency responsible for regulating and providing safety oversight of commercial vehicles. The organization works to reduce crashes, injuries, and fatalities involving semi-trucks. The FMCSA regulates things like cargo weight limits, driving time limits, hauling hazardous materials, driver fitness, and the use of mobile phones while driving.

The Nevada Department of Transportation (NDOT) regulates trucking operations according to the Nevada Revised Statutes, the Nevada Administrative Code, and the NDOT Letter of Instruction. Truckers are the third largest group of drivers on Nevada’s highways, behind commuters and tourists. As Las Vegas, Henderson, and the southern region of Nevada continue to see an increase in the number of large trucks coming and going, regulation of trucking operations is even more important.