Every year, goods worth close to $144 billion are transported to and from Nevada sites. Trucks carry 73% of these goods. However, drivers face traffic congestions, poor road conditions, and especially irresponsible driver behavior. Accidents are bound to happen. Most of them occur in Clark County. Many of their victims come to our office looking for a Henderson truck accident lawyer.
At Nettles Morris Law Firm, our truck accident attorneys take crashes seriously. They also know what devastating consequences they can have, and they work hard to help victims. Truck accidents often involve several vehicles. They cause serious injuries, even death, and huge property damage. They represent challenging cases even for an experienced accident attorney.
Trucks Can Be Difficult to Control
Weighing up to 30 times more than an average car, trucks are difficult to control. They need more space to take turns, and a longer distance to stop after braking. Their drivers cover extremely long distances in record time. They spend long hours behind the wheel, often more than the law allows. This often results in poor focus, a late notice of traffic dangers, and diminished reaction speed.
As the FMCSA acknowledges and truck accident attorneys know, truck drivers are responsible for 50% of their accidents. In 32% of cases, they get off the road or into the adjacent lane. In 29% of cases, they lose control of the truck due to high speed, mechanical issues, cargo shifts, or bad roads. 22% of accidents involve a truck rear-ending another car due to speed, tailgating, or distractions.
Of course, truck drivers are not always liable, and not all accidents follow the same pattern. That is why every compensation claim should follow thorough investigations. The best person to perform them is an experienced Henderson personal injury lawyer. They will look for the cause of the accident and find ways to prove it. A brief overview of the main truck accident causes in Nevada may help explain their role.
Reasons to Contact a Truck Accident Lawyer
At Nettles Morris Law firm, we have handled numerous cases involving truck accidents. Our lawyers have dedicated hundreds of hours to investigating and proving their causes and consequences. According to our findings, truck accidents occur due to one or more of the following factors:
- Irresponsible driver behavior. Too many drivers operate vehicles while tired or intoxicated. Others use their mobile devices while driving or press the acceleration pedal too hard. Some drivers perform risky maneuvers, relying on other traffic participants to protect them. Such behavior is often difficult to prove even for an experienced lawyer in Henderson.
- Improperly maintained trucks. Traveling thousands of miles loaded with heavy cargo, trucks see a lot of wear and tear. Their maintenance requirements are higher than those of personal cars. Unfortunately, not all of them receive adequate maintenance. Without it, mechanical and technical failures are just a matter of time.
- Disobeying traffic laws – Many drivers disobey traffic laws. They don’t yield right of way, they change lanes without signaling, or they speed. Their risky traffic maneuvers eventually lead to accidents. Most drivers will not acknowledge their liability. However, an experienced truck accident attorney in Henderson will find a way to prove it.
- Overweight and/or improperly secured cargo – Many trucks carry overweight cargo. Their ties are not always perfect either. The additional weight makes stopping and turning more difficult. When the cargo is improperly tied, things get even worse. The cargo tilts and influences truck balance. Controlling the truck is even more difficult. When the driver fails and an accident occurs, proving liability is a challenge. The fault could belong to the trucking company, their maintenance provider, or the driver. It will take a skilled truck accident attorney to prove it.
Determine Cause of Accidents
When an accident occurs, identifying its cause is very important. It’s the key to identifying the party at fault and, implicitly, the defendant to the compensation claim. Filing the compensation claim with the right party is vital to obtaining compensation. Similarly, suing the right party is the only way to obtain a favorable verdict in court. Seeking compensation from the wrong party would be a waste of time and resources. To avoid that, all claimants should consult an injury lawyer.
The latter will review all the details of the case. They will investigate the case on their own, and identify the best strategy. They will advise their clients on whom to file their claims in order to secure fair compensation. Here are some of the options they will take into account:
Defendants a Truck Accident Attorney will Consider for a Compensation Claim
The following all comes into play when a truck accident claim is filed:
The insurer of the driver at fault.
This is an option worth considering when an insured driver is liable for the accident. They could be the truck driver or the driver of another vehicle involved in the accident. In Nevada, the minimum insurance liability coverage for all vehicles is 50k/25k/20k. This means $50,000/event and $25,000/person for injuries and $20,000/event for property damage.
The victim’s insurer.
This option is available to victims injured by uninsured or underinsured drivers. Its viability depends on whether the victim has uninsured or underinsured coverage. Most Nevada insurers include this type of coverage in their policies, though. Those who are not sure of their insurance coverage can review it with a Henderson truck accident lawyer.
The trucking company.
Some companies employ inexperienced drivers and force them to drive for more hours than the law allows. Other companies neglect the maintenance and repairs of their trucks to save money. When their defective trucks cause accidents, they should answer for their actions. A dedicated attorney in Henderson will find a way to make them pay.
Sometimes, the fault for the truck accident does not belong to the drivers or the trucking company. It belongs to a third party. It could be a company performing road repairs that failed to fill or signal potholes. Other options are maintenance and repair providers who did a poor job or their parts suppliers. Cargo owners sometimes overload trucks without the trucking company or their driver knowing it. Other scenarios may apply as well.
The driver at fault.
Many truck accident lawyers see this solution as a last chance remedy. They only turn to it if both the driver at fault and the victim are uninsured. Before suing them, a truck accident attorney will ensure the defendant can pay.
Generally, truck accident attorneys in Nevada prefer to seek compensation from insurers. The process is simpler and shorter than a court trial. At Nettles Morris Law Firm, we analyze all the available options and recommend the one that benefits our client. If it involves going to trial, then that is what we will do. One thing is certain: we always obtain the compensation our clients deserve.
Start Working Cases Early
To make sure we have enough time to build a solid case, we prefer to start working on cases early. In fact, many of our clients call us right from the scene of the accident. We help them gather the necessary evidence, and we advise them on the steps to take. Among the first things we check at the scene of the accident are the truck and the condition of the drivers.
When it comes to drivers, our truck accident attorneys look for signs of impairment or fatigue. Common examples include red eyes, slurred speech, improper balance, and moving difficulties. To confirm our suspicions, we make sure drivers have their BAC levels checked. We also check the truck driver’s journal to see whether they complied with their rest hours.
When inspecting the truck, we pay attention to many more aspects. We check:
- Records regarding inspections, maintenance, and repairs
- Lights and reflectors
- Vehicle markings
- Cargo ties and securement systems
- Tire covers
- Emergency equipment
- Cargo dimensions, and more
If necessary, we may order technical expertise to prove the accident cause and, implicitly, liability. We do everything only after consulting our clients and explaining everything to them. Usually, the sooner we start working on the case, the sooner and the more our client gets paid.
Why Get in Touch with a Henderson Truck Accident Lawyer as Soon as Possible?
All legal actions are subject to strict deadlines. For truck accident injuries, the deadline is two years from the accident date. For property damage, the deadline goes up to three years. This may seem like a lot of time, but it is not.
On one hand, by the time the deadline expires, the claimant should already have a solid case. They should have all the evidence they need and know exactly what losses they incurred. They should also be ready to prove their own innocence in front of the defendant.
Most insurers try to blame the claimants for their own accidents.
That is because, if they succeed, they will pay a lower compensation or even avoid paying. Under Nevada’s comparative fault system, claimants 51% at fault for their accident lose all rights. Otherwise, the parties’ liability for the losses will reflect their fault percentage. A claimant 15% at fault for an accident will only recover 85% of their losses.
The burden of proof for accident liability and losses falls on the claimant. Their success at obtaining fair compensation will depend on their ability to gather solid evidence. This is where the Henderson truck accident lawyer comes in.
If they take over the case early, they will start collecting evidence right from the accident scene. If they start working on the case at the last minute, they may not obtain the same results. Gas stations and stores won’t keep their video recordings forever. Witnesses could forget some details or move to another town without announcing.
Many things can happen in two years. If called early, a truck accident attorney will not mind waiting for the right time to act. They will use the time they have to gather the evidence they need and save their clients time and worries.
Insurance claims and court trials involve complex procedures and paperwork. They require familiarity with court rules and procedures. A truck accident victim surely has better things to do than learn everything from scratch. They will surely benefit from letting a truck accident attorney take over. Besides saving them time and effort, the lawyer will help them recover all their losses.
Depending on the accident circumstances, these could include:
- Property damage: the cost of repairing or replacing the car and other assets damaged in the accident.
- Medical expenses: doctor consultations, hospital bills, medical interventions, devices, and treatments
- Disability adjustment costs: therapy, home care, wheelchair, home adjustments
- Lost wages: income lost by missing work during the recovery period
- Lost earning capacity: future income and benefits a disabled victim will not be able to earn
- Pain and suffering: compensation for the physical and emotional trauma
- Other non-economic losses: loss of ability to enjoy life, loss of consortium, etc.
Taking into account the variety of losses an accident victim may claim, assessing their value is difficult. A truck accident attorney can use their experience and similar case precedents to guide them. They may also turn to experts to estimate future losses. They will do everything in their power to obtain the highest compensation possible for their clients.
Get a Free Consultation with a Truck Accident Lawyer Now!
If you were the victim of a truck accident, you are probably overwhelmed and not sure how to proceed. You need information and answers to important questions. You need someone to guide you through the jungle of Nevada laws and legal procedures. We can help.
At Nettles Morris Law Firm, we have handled numerous cases like yours. We can assist you, advise you, and protect your interests. All you have to do is contact our truck accident lawyer in Henderson. The first consultation is FREE and will provide the information and answers you need.