If you or a loved one has been injured, it is crucial to speak with a Las Vegas truck accident lawyer; you may be entitled to receive compensation for your injuries. Call or fill out our attorney contact form for a free consultation. The knowledgeable De Castroverde Accident & Injury Lawyers team will fight to get you the compensation you deserve.
Accidents involving semi-trucks, 18-wheelers, and tractor-trailers are classified separately from automobile accidents because damage can be much more catastrophic due to the truck’s size. Truck accidents often cause much more property damage, and injuries are more severe.
The Federal Motor Carrier Safety Administration (FMCSA) reported that from 2018 to 2019:
Car and truck accidents that resulted in fatalities were typically caused by inattention, speeding, impairment, or failure to yield the right-of-way.
Because of their height and size, trucks can be more at risk for specific types of accidents than passenger vehicles, including:
Many of these accidents are due to negligent actions, such as tailgating, which can cause override crashes, or changing lanes improperly, which could cause blind-spot collisions.
These crashes can also involve multiple vehicles, and sorting through the chaos after the fact can feel impossible for victims seeking justice for their injuries. If you put a commercial vehicle accident lawyer from our team on the case, we can identify which type of crash you suffered in the Las Vegas area and chart a plan for receiving compensation from the negligent party.
Truck accidents can happen anywhere, but some behaviors and factors can increase the risk of a collision. Statistics show several common causes that account for a majority of truck accidents.
Every driver should have their full attention on the road ahead and their surroundings. Getting to your destination safely should be the only focus. Inattentive driving includes everything from chatting with your passenger to texting on your phone. Drivers who eat their lunch from the fast-food restaurant they stopped at or spend too much time switching radio stations are distracted from the task.
Absolutely anything that takes the attention off the road increases the chances of getting into an accident. Each day in the U.S., nine people are killed, and 1,000 are injured in distracted driving accidents, reports the Federal Communications Commission (FCC). If you or a loved one is one of those victims, we can help hold distracted truck drivers accountable.
The size of a semi-truck, 18-wheeler, or tractor-trailer makes it harder to slow down in an emergency. Its size means it needs more space and time to slow down. The Insurance Institute for Highway Safety (IIHS) reports that a truck with a loaded trailer requires 20 percent to 40 percent more distance to stop.
Driving over the posted speed limit increases the space and time required, creating a greater risk to those on the road. Truck drivers who speed put everyone, including themselves, at higher risk for an accident.
Impaired driving covers several factors, including driving under the influence of alcohol or drugs, driving drowsy, and driving under the influence of certain over-the-counter and prescription drugs. According to Reuters, impaired driving is a problem for truck operators, with drivers turning to stimulants and other substances to stay awake.
When these factors impair a driver, judgment, reaction time, and reflexes are all slowed. Drivers with impaired attention and senses significantly increase the chances of causing an accident.
Failure to yield the right-of-way often happens at traffic lights, three-way intersections, left turns, and yield or stop signs. When a truck driver fails to yield, they don’t allow the vehicle that has the right-of-way to go. This can cause T-bone crashes, sideswipes, and other accidents.
Truck drivers may feel that their vehicle is more significant, so the smaller vehicles should yield to them, but regardless of the size of the vehicle, all drivers must follow the road rules.
Other common causes of truck accidents include poor maintenance of the vehicle, failure to check blind spots, shifting cargo, and aggressive driving. In other words, negligence can come in many forms.
Personal injuries and property damage can be substantial due to a truck accident, and claims surrounding them can also be complex. Moreover, you’re not just dealing with another driver, their insurance company, or even a larger trucking company’s representatives. Our commercial vehicle accident attorneys can help with your Las Vegas case so that you aren’t drowning in the details.
In other words, we handle the work of pursuing a truck accident case. Our clients can rely on us to deal with the minutia as well as the big picture.
Although many cases settle out of court, insurance companies and negligent parties sometimes drag their feet, dispute your version of the narrative, or won’t budge on certain elements of your settlement. When that happens, we may move forward with filing a personal injury lawsuit.
The basic steps to a negligence-based case are:
As you can see, there are several steps before we even file. This allows us to gather information, talk with all parties, and potentially reach a deal long before involving the court. The act of filing the lawsuit may also prompt all parties to come to an agreement without us having to take further action.
Even after filing, we take advantage of every opportunity to negotiate and settle out of court. This allows us more control over the settlement amount than a court verdict might. That being said, we are willing to go to trial if that’s what needs to happen to get your financial recovery.
A truck accident victim may bring a claim for damages against the other party. Compensation is designed to cover all aspects of a crash’s aftermath, which includes damages for the following expenses:
Both the past and the future are taken into consideration by our team when evaluating your possible financial recovery. Not only do you deserve reimbursement for past bills, but also compensation for future struggles related to this accident.
Healing is a process, not a single, one-and-done act. Your damages should mirror that, providing you with recognition and support for the ongoing development of your recovery.
Any accident-related injury costs could be eligible for damages, such as:
Truck accidents can have severe physical consequences for victims, such as spinal cord injuries, traumatic brain injuries (TBIs), crushing injuries, and burns. These not only have higher initial treatment costs but can cause lifelong challenges, financially and physically.
For instance, the National Spinal Cord Injury Statistical Center (NSCISC) lists the lifetime costs of spinal cord injuries, which can be almost $200,000 per year depending on the injury’s severity. That doesn’t include wage losses. Moreover, since 2015, about 30 percent of spinal cord injury victims have faced re-hospitalization for complications and secondary conditions each year.
Yet even less permanent injuries can significantly affect your wallet, especially if you face a period of physical therapy and rehabilitation after your initial treatment. You may also grapple with anxiety, depression, and post-traumatic stress disorder (PTSD.) We fight for all these costs to be recognized and rectified through your damages.
If your injuries take a long time to heal, you face a dip in income. Whatever revenue streams have been affected by your injuries from a Las Vegas collision, our truck accident attorneys can include them in our consideration of your case, including:
Your Uber gig, Etsy shop, and weekend bar-tending job can all qualify for lost income damages.
Some victims don’t bounce back to the same condition after an accident. That can affect your finances long-term. We consider that as well, fighting for the loss of your future earnings and your reduced earning ability. We consult with economists and actuaries to project those losses over time.
Nevada allows for personal injury victims to pursue noneconomic damages as well as economic ones (NRS § 41A.011). The personal cost of your accident can warrant personalized compensation for:
Less about reimbursing you and more about recognizing your struggles, these damages are tailored to you, acknowledging your trauma.
Sadly, the majority of fatalities in truck accidents are people in passenger vehicles or pedestrians, bicyclists, and motorcyclists, according to the IIHS. If you lost a loved one in a collision with a commercial truck, you could file a wrongful death claim or lawsuit. By taking this action, you could obtain compensation for:
Losing a cherished family member to a preventable tragedy is heartbreaking. De Castroverde Accident & Injury Lawyers can support you through this difficult time, seeking justice for your loved one and peace of mind for you.
When commercial vehicles are involved, both the driver and the employer can be held accountable, depending on the circumstances. There also may have been other factors at play that make a third party liable for your injuries and expenses.
Identifying everyone who could help pay for your expenses is just one of many ways our commercial vehicle accident attorney can help you after a Las Vegas collision. We seek to maximize the amount you could receive for your injuries.
Even though a driver may have hit you, their employer could be the one held liable for paying your bills. Trucking companies that employ drivers can be responsible for the accidents they cause due to their negligence.
Furthermore, sometimes trucking companies themselves are responsible for the negligent act. For instance, lack of proper training or supervision could be grounds for a claim or lawsuit. After all, companies must train their employees and enforce proper safety standards to prevent harming others.
Trucking companies often insure their drivers, so we can work with their insurance company to negotiate a settlement. Otherwise, you can sue the company if they refuse to settle, have insufficient insurance, or dispute your claim.
Some commercial trucking companies defend themselves from being held liable by not hiring their drivers as employees but as independent contractors. This means you may need to pursue the driver and their insurance rather than the company.
However, some drivers have insufficient insurance or lack the correct policy. For instance, if their coverage doesn’t extend to accidents that happen in the course of business, the driver may be sued directly. A lawsuit against an individual means you could recoup your losses by going after their assets.
Your crash may involve a combination of liability between the driver and the truck. They may also point fingers at each other in the hope of not paying. We can straighten out disputes like this and pursue the appropriate party.
Your collision with a truck may have been due to the careless actions of someone else on the road. It could even have resulted from the careless actions by someone who wasn’t anywhere near the accident. We explore possible third-party involvement in your accident, investigating:
There’s always something happening in Vegas. Unfortunately, new construction can lead to traffic accidents. Falling debris, poor road maintenance, or failure to mark hazards could be grounds for suing a construction company or private property owner.
Faulty parts, improper installation, and bad auto designs can mean someone was negligent at some point in the process of designing, manufacturing, or maintaining a vehicle. Trucking companies sometimes do their maintenance, while others may involve an outside shop. We can look into who could be liable for equipment failures.
Sometimes, public property and roads play a part in causing accidents. For instance, a city, municipality, or state government could be responsible if there was a road defect that had been present for some time without being repaired and it contributed to a crash. These cases sometimes have different requirements and parameters, so talk to our team if you suspect a government entity was involved in your accident.
A Las Vegas truck accident lawyer from De Castroverde Accident & Injury Lawyers will investigate the accident, uncover the facts about the vehicle and driver, and look at the number of hours the driver had been on the road before the accident.
Through our investigation, we may examine evidence like:
We can even use specific evidence in cases involving impaired driving. For instance, a blood alcohol concentration test (BAC) or drug test could be important evidence to demonstrate a driver was operating their semi-truck under the influence. Records of texts, emails, or social media postings could also underline that a driver was using their phone.
Our experienced accident lawyers know the standards assigned to commercial truck drivers and their trucks and will put that knowledge to use in your case.
No matter how big the accident was, being involved in an accident with a truck can be scary and confusing. After an accident, you should call 911 to alert the police and have an officer on the scene file an accident report.
Whether or not you were injured in a truck accident, you should seek medical attention immediately. A medical professional may find internal injuries or injuries may not show up for a couple of days. You need to ensure your own well-being and protect your rights by seeking medical attention.
You should also exchange information such as:
You can also take pictures of the scene and any damages or injuries. Document as much as possible about the circumstances that caused the accident, such as running a stop sign or crossing into oncoming traffic. If there were witnesses present, ask them to write a statement and get their contact information.
Insurance companies will pressure you to give an official, recorded statement immediately. While always reporting an accident is important, you do not need to provide a recorded statement in the immediate aftermath of the crash. You can take time to collect your thoughts and consult our team.
Moreover, we can help you craft your statement. We know what information can be twisted against you and will help you avoid common pitfalls. You do not need to provide more than the most basic facts to the other party. Leave the rest to us.
In addition to helping you navigate communication with insurance adjusters and trucking company representatives, our truck accident lawyers can offer insight into the laws that govern Las Vegas collisions. We are familiar with the deadlines, nuances, and your rights.
Nevada uses the modified comparative negligence law to assign a percentage of fault to each driver. If you’re found to be 50% or more at fault, the modified part of this law states that you will receive zero compensation for damages. A jury assigns fault at trial, so the ambiguity of fault is removed if you can settle out of court.
Nevada also has a three-year statute of limitations to sue for property damage and two years to file a personal injury lawsuit (NRS § 11.190(4)(e)). Time starts the moment the accident occurs, so it’s critical to file a claim as soon as possible.
Truck accident claims can be complicated, and having an experienced Las Vegas truck accident lawyer can help you get the compensation you deserve. Damages awarded can include property, medical bills, lost wages, future medical bills, transportation to appointments, and pain and suffering.
A truck accident attorney will fight to protect your rights and investigate your claim to get a fair settlement. A commercial truck driver will have an attorney on their side, so don’t go it alone. Contact a Las Vegas truck accident lawyer at De Castroverde Accident & Injury Lawyers today to get started on your case.