Truck Accident Lawyer in Las Vegas, NV
Large truck accidents, including semi-trucks, 18-wheelers, and other commercial trucks, are involved in thousands of crashes each year according to the Federal Motor Carrier Safety Administration. Many of these, because of the nature of the crash and the size of the vehicle, end up with fatalities and serious injuries. In most cases, negligence is the cause of these accidents. Victims of a trucking accident that involved negligence should consider filing a claim in order to receive compensation for any expenses they suffer due to the accident, and can sometimes receive compensation for their pain and suffering a well. Working with a truck accident lawyer in Las Vegas, NV after one of these accidents can make the process of filing a claim and winning compensation much easier.
Negligence in a truck accident
The first thing that your truck accident lawyer is going to look for is whether negligence occurred that led to the accident. If this is true, then you are able to file your claim with the truck accident attorney and receive compensation. If a driver was acting in a manner that was irresponsible and careless and then ended up harming someone else as a result, those who were harmed can receive compensation by showing:
- How the truck accident occurred because of recklessness
- How the truck accident ended up causing harm to the victim
- How the victim is owed compensation for the harm that was caused by negligence.
There are different ways to prove this and your truck accident lawyer can help you gather the evidence. Things like photographs of the crash site, expert testimony, eyewitness testimony, and police reports can help prove negligence. For example, your truck accident attorney may be able to find a bystander who witnessed that the truck driver was speeding, ran through a red light, or was on the phone before the crash occurred.
It is also possible for these claims to include indirect or circumstantial evidence. Your truck accident lawyer may be able to look at a police report that states how the truck driver of the accident was discovered with the odor of alcohol on their breath, bloodshot eyes, or with an open container in the vehicle. These can be used in the case to prove negligence.
There are some cases where more than one party can be blamed for the accident. When this happens liability is going to be divided up based on the percentage that each person was at fault. Your truck accident attorney in Las Vegas, NV can work on the case to limit the percentage that you are held liable for the accident.
Compensation for a Truck Accident
Compensation can often be given to a victim in order to help them pay for any expenses they get because of the accident. Depending on your specific case, you could be reimbursed for a variety of things including medical expenses, property repairs, lost income, physical and psychological pain, and even lost opportunities. Jurors and insurance companies will present their own formulas in order to determine how much compensation should be awarded.
Some states have no-fault insurance laws. The point of these is to prevent trivial lawsuits, but sometimes they make it hard for the victim to get the compensation that they deserve. Working with a truck accident lawyer can help you get the compensation you need, even in these states.
Factors that can contribute to a trucking accident
There are many factors that could contribute to one of these trucking accidents. Most of the time, these can be traced back to negligence on the part of the driver. Some of the biggest contributing factors include:
- Law violations: 24 percent of truck drivers who are involved in fatal accidents violated basic traffic laws, such as speeding. They may also be participating in actions like improper lane signs, not yielding the right of way, or tailgating. When they do these, they are increasing their risk of being in an accident and may result in them needing a truck accident lawyer to help.
- Equipment failure: Another thing that your truck accident attorney can look for in your claim is if there was any equipment failure in the truck. If something is malfunctioning in the truck due to improper maintenance by the driver or their company, it could easily be grounds for your personal injury claim. Lawsuits in the past have resulted from a malfunction of tires, brakes, steering mechanisms, wheels and more.
- Road conditions: negligence is sometimes cited for dangerous road conditions such as road construction or bad weather. If one of these accidents occurs because the roads were not properly maintained, it is possible for you and your truck accident lawyer to seek compensation from government entities who were responsible for the roads. These kinds of cases are a little bit different than normal so talking to a truck accident attorney is useful before filing one of these claims.
- Road design: Victims an also consider seeking compensation from their local government for any road designs that seem flawed and may have contributed to their collision. Merging lanes, traffic control devices, and poorly designed intersections can all be things that caused that trucking accident.
Your truck accident attorney in Las Vegas, NV will speak to you about your accident to determine which of these factors of negligence, if any, may be the cause of your accident. If one of them is, it is possible for them to use this to file your claim and help you get the compensation you need.
One of the biggest reasons that a truck accident may occur is because of driver error. These can include some issues like:
- Lack of experience driving the vehicle that was in the accident
- Not paying attention to the road
- Lack of familiarity with the road
- Not having the right training for the vehicle they are in
- Using over the counter drugs improperly
- A cargo that is not loaded properly, or which has been overloaded
- Aggressive driving
- Drowsiness and fatigue
Out of these, it is most likely that fatigue and drowsiness are the cause of the truck accident. This is why the Federal Carrier Safety Administration has begun requiring trucking companies to comply with rules for hours of service. There are a number of rules that fall under this, but if a truck driver does not follow them properly, your truck accident lawyer can use these in your case. Some of the rules truck drivers must follow include:
- The driver may not drive more than 11 hours after ten consecutive hours of duty. If a driver is in a sleeper, they can split that ten-hour off-duty period into two parts, as long as the interval they stop is at least two hours.
- The driver can’t drive beyond the 14th hour after they come on duty, following 10 consecutive hours off duty.
- The driver can’t drive more than 60 hours over a time of seven consecutive days or 70 hours over a period of eight consecutive days.
- Start either a seven or eight-day driving time without having at least 34 hours off.
If the driver did not follow these rules and they were suffering from fatigue, you can work with your truck driver lawyer in order to receive compensation for the accident that occurs. These rules may seem restrictive to some in the trucking industry, but they have been put in place to ensure that you and everyone around you can be protected in the case of an accident and to keep the likelihood of an accident down to a minimum. It is the job of your truck accident lawyer in Las Vegas, NV to take a look at the log books of the truck driver to determine if they were following the right rules when it comes to driving.
In addition, many drivers may be distracted on the road, intoxicated, or not be properly trained in using their vehicles before going on the road. If one of these is true, your attorney can work to make a case against either the driver or their company to help you get your rightful compensation.
What should I do after a truck accident?
Many times these truck accidents can cause big injuries in the victim and knowing how to react can be difficult. Try to stay calm after one of these accidents to ensure that you can think clearly and get the help that you need.
If you or someone else in the vehicle has been injured, seek medical attention right away. It is a good idea to call medical attention over to check you out, even if you do not feel that there are any major injuries. Getting these injuries written down and checked out as early as possible can make it easier for your truck accident lawyer to build up a case later on.
You should also call the police over and get a report written up. The police are the only ones that you should talk about the case with. Tell them what happened, but avoid placing blame at this time. Talking to anyone else about the case before you speak with your truck accident lawyer in Las Vegas, NV, even to other witnesses, can be used against you later on. Make sure that during this time either you or someone else takes pictures of the scene.
As soon as you can after the accident occurs, make sure to seek the help of a truck accident attorney to handle the case for you. This legal counsel will be able to make sure that you get the compensation that you need by representing you at all steps of the claim.
When you need a truck accident lawyer in Las Vegas, NV
While it is possible that you can have your accident claim managed by the insurance company, it is sometimes necessary to hire a truck accident lawyer to be on your side during this time. Your truck accident attorney will have the training needed to determine the course of action that you should take to get the compensation you deserve. Rather than trying to do all of this on your own, consider having a truck accident attorney on your side from the beginning.
There are many situations where you will need to have a truck accident attorney on your side after being in a truck accident. Some of these include:
- The expenses that you suffered after the accident have not been reimbursed. Sometimes the insurance company will delay paying or will try to deny that they owe anything in the first place. Working with a truck accident lawyer can help you fight the insurance for the compensation you deserve.
- The insurance company is trying to hold up the settlement of the claim. These types of claims need to be filed within certain timeframes and if the insurance company can push it back further, you may pass on the statute of limitations and not be able to receive compensation. Your truck accident attorney can help you file the claim and retain your rights to timely compensation.
- When the claim has been denied either by the insurance company or by a government entity and you need help fighting this in court.
- You have been in a trucking accident by a party who was negligent and who is not covered by insurance.
All of these can make filing your truck accident claim more difficult than before. Hiring a truck accident lawyer to help out with these special circumstances can make the claim much easier and will make it more likely that you get the compensation that you deserve after one of these accidents.
If you have been in an accident and need the services of a truck accident attorney in Las Vegas, NV, make sure to contact our team at Nettles|Morris. We have the experience needed to help you file your truck accident claim and get the compensation you deserve. Make sure to contact us today to get started.