Las Vegas Truck Accident Lawyer: Committed to Winning Your Case

Each of us had to pass a road test and a written test in order to obtain our driver’s license. Truck drivers require hours of training to qualify for a commercial driver’s license (CDL). Unfortunately, not every company that employs drivers cares about what happens if a truck driver has not completed their training hours. They hire a driver to fill a truck driver shortage and they may ignore Nevada CDL license requirements.

A trucking company ignoring training requirements, or otherwise putting an unqualified truck driver on Nevada roadways increases the risk for everyone they share the road with. The FMCSA report referred to previously shows nine percent of truck accidents occur because of a driver’s performance. When placed in a position where they need to make a quick decision, a truck driver may overcompensate, make a poor decision, or simply panic. This type of risky behavior can cause an accident in the blink of an eye.

Trucking regulations occur on both the state and federal level. They are put in place to ensure everyone on the road, truck drivers, operators of motor vehicles, as well as pedestrians, bicyclists, and motorcycle operators remain safe. Regulations are disregarded by both truck drivers and their employers.

Rest times are important. We all know what happens when we fail to get enough sleep. Our decision making is slower, we have trouble focusing, and in some cases, we are drowsy. Any one of these factors are dangerous when you are behind the wheel of a vehicle. They are especially dangerous if you are sharing the road with a big rig operator suffering driver fatigue.

A commercial truck is large and when they are involved in what might otherwise be a major auto accident, the victims can, and do, suffer catastrophic or fatal injuries. Driver fatigue is a problem and after careful analysis, the FMCSA developed hours of service regulations. These regulations dictate how much rest a driver must have in order to continue operating safely.

Remember, a tractor-trailer needs more time to stop than passenger cars. In fact, they have very long stopping distances. A loaded tractor trailer may require a distance equivalent to two football fields in order to stop completely. That is a lot of room, and a semi-truck driver who is drowsy is unlikely to be able to distinguish when they should begin applying their brakes to avoid an accident.

As a victim, you have the right to compensation for your expenses associated with the accident which caused your injury. Some of the potential sources of compensation include:

• Medical expenses — while you may have medical coverage either personally or through your employer, there may still be out of pocket costs you are responsible for following a truck collision in which you suffered an injury. Prescription medication, physical therapy, medical equipment like braces, wheelchairs, or crutches, and specialized tests may not be covered by your insurance. Those costs may be included in a truck accident claim.
• Lost wages and benefits — you may be collecting short or long-term disability benefits if you have been out of work more than a few weeks thanks to your employer’s disability plan. However, there may be other wages and benefits you are losing because you are unable to work. First, disability payments do not cover 100% of your wages so your base salary is less than normal. Secondarily, you may have been forced to use personal days, sick days, or vacation days which you will be unable to use for your own purposes once you have returned to work. Other benefits you may be losing out on include bonuses, matching funds in retirement accounts, and pension benefits. Your accident settlement demand may include these losses.
• Unanticipated expenses — while you are recovering from your injuries, you may need help with everyday tasks. The additional costs of housekeeping, in-home nursing services, landscapers, and even babysitters for your children which you are paying for only because of your injuries may be included in the claim for benefits associated with a semi-truck accident.
• Property damage — your vehicle could be totaled or suffer serious damage as a result of a truck accident. Electronics such as laptop computers, GPS systems and phones may also be damaged. Any property damage which is a direct result of your accident should be included in your claim.

• Medical Expenses: This can cover costs for hospital stays, surgeries, medication, physical therapy, and any future medical care required due to the accident.
• Lost Wages: Compensation can be provided for income lost due to an inability to work, either temporarily or permanently, as a result of the accident.
• Pain and Suffering: This covers the physical discomfort and emotional distress caused by the accident.
• Disability: If the accident results in a disability, additional compensation may be available to cover the costs of lifestyle changes, home modifications, and ongoing care.
• Emotional Distress: Compensation can be provided for emotional distress, such as anxiety, depression, and post-traumatic stress disorder resulting from the accident.
• Wrongful Death: In instances where the accident results in a fatality, the victim’s family may be able to pursue compensation for funeral expenses, loss of companionship, and loss of financial support.

• Investigation and Evidence Collection: An attorney can help gather crucial evidence from the accident scene, obtain police reports, and collect medical records to build a strong case.
• Expert Consultation: Lawyers often work with a network of experts, including accident reconstruction specialists, medical professionals, and industry experts, who can provide valuable insights and testimony to strengthen the case.
• Negotiation with Insurance Companies: An attorney can handle all communications and negotiations with insurance companies, ensuring the victim’s rights are protected and that they receive a fair settlement.
• Legal Representation: If the case goes to court, an attorney can provide legal representation, presenting the case in the most compelling way to secure the best possible outcome.
• Understanding Regulations: Trucking accidents often involve complex regulations and laws. An attorney with experience in this area can navigate these complexities and ensure all relevant factors are considered in the case.
• Calculation of Damages: An attorney can help accurately calculate damages, including medical expenses, lost wages, property damage, and non-economic damages such as pain and suffering.
• Filing a Lawsuit: If necessary, an attorney can file a lawsuit on behalf of the victim and guide them through the legal process.

Nevada has “modified comparative negligence” when it comes to personal injury cases. This means that a victim may still be able to recover some damages even if that person is partially to blame for the accident. As long as you are less than 51 percent to blame for the accident, you can recover some of your losses.

If you are found to be partly to blame, your damages are reduced by the percent that you are at fault. For example, if you’re 30 percent to blame, you would recover 70 percent of your damages. If your total damages are $100,000, you recover $70,000. When multiple parties are involved, (for example, two passenger vehicles and a motorcycle) assigning percentages of blame can be complicated. One person’s recovery may be offset by damages that person owes to others involved in the accident.

A jury decides fault in a Nevada personal injury case. They hear evidence from both sides and determine each person’s fault as a percentage. A judge will give the jury instructions about comparative negligence before they deliberate. The jury can decide that someone is entirely at fault. In most cases, a jury’s decision is final.

Insurance companies will often use the same formula to determine what they offer as a settlement. “Comparative negligence” is almost always a judgment call that is subject to your ability to negotiate with insurers or persuade a jury. A skilled attorney with knowledge of past awards and how fault is determined under Nevada law will be invaluable in this process.

When a car accident occurs, in most cases, both passengers and drivers of the vehicles suffer an injury. While the injuries may vary significantly, this is a common occurrence. This is not always the case when there is a truck involved in a roadway accident. In fact, commercial truck drivers often are uninjured. There are a few reasons for this:

• Trucks are higher off the ground — truck drivers are protected because the tractor hauling a trailer is higher off the ground than most vehicles. Most cars, SUVs, and other vehicles are far smaller in height than a semi-truck.
• Weight differences between cars and trucks — commercial trucks outweigh cars by upwards of 30%. This is a huge difference in size. When a car strikes a truck, the truck may suffer little, if any damage, while the car operator could suffer life-threatening injuries.
• Multiple vehicle involvement — unfortunately, because of the sheer size of a semi-truck, they are more likely to be involved in multi-vehicle accidents. Despite this, in most cases, the trucker is likely to suffer minor or no injuries, while drivers or passengers involved in the same accident could suffer catastrophic or fatal injuries

Injuries sustained in car accidents and heavy truck accidents can vary significantly due to the size and weight difference between these vehicles. Here are some differences:

• Severity of Injuries: In general, injuries from heavy truck accidents tend to be more severe due to the larger size and weight of the truck. This can lead to more serious injuries such as traumatic brain injuries, spinal cord injuries, and even fatalities.
• Crush Injuries: Heavy truck accidents are more likely to result in crush injuries, where a part of the body is trapped between two objects. This can lead to severe damage to bones, muscles, and internal organs.
• Burns: Fuel tanks in heavy trucks are larger, increasing the risk of fires and subsequent burn injuries in the event of a collision.
• Multiple Trauma: Given the size and weight of heavy trucks, accidents often involve multiple impacts, leading to multiple trauma injuries.
• Long-Term Injuries: Due to the severity of heavy truck accidents, victims may suffer from long-term or permanent injuries, such as paralysis or chronic pain.

In contrast, car accidents, while they can still result in serious injuries, are generally less severe due to the smaller size and weight of the vehicles involved. Common injuries from car accidents include whiplash, fractures, cuts and bruises, and soft tissue injuries. However, it’s important to note that the specific circumstances of each accident can greatly influence the types and severity of injuries incurred.

An experienced legal team including those who have strong litigation experience can be helpful if you suffer an injury or lose a loved one in a Nevada truck accident. After seeking medical care, you should always contact a personal injury lawyer to find out what rights you have and how you should proceed.

Yes. A truck accident injury lawsuit is more complex than an auto accident lawsuit. One of the primary reasons for the complications is who may be responsible for the accident. Remember, in most cases involving a car accident there are two drivers — one will be at fault for the accident.

In the case of a truck crash there may be other people or entities who bear partial responsibility for an accident. Each of them may be working with a different insurance company which will be the first issue which must be dealt with. Some of the possible parties who may be held liable include:

• Driver of the truck — when a driver gets behind the wheel of a truck and begins traveling on Las Vegas roadways, they owe a duty of care to other drivers. They owe a similar duty of care to pedestrians, bicycle, and motorcycle operators. When this duty of care is breached, the driver should be held accountable for their negligence.
• Truck driver employer — a commercial truck accident which involves a driver who is ignoring regulations may do so because their employer has failed to train them properly. In some cases, an employer may encourage a driver to meet unrealistic deadlines which can result in truck crashes involving speed. Holding the employer responsible for bad decisions which lead to truck crashes is possible if you have the right legal team on your side.
• Truck maintenance company — we all understand the importance of maintaining the safety equipment in our cars. Brakes, tires, and turn signals must be functioning properly for a vehicle to pass inspection. Big rigs travel far more miles than most cars and therefore require more maintenance. A poorly maintained rig can mean higher incidences of truck crashes. Losing a loved one in a truck accident is awful and knowing the accident may have been prevented with proper maintenance is devastating. A trucking accident attorney can help hold these parties accountable for their negligence.

Remember that each of these parties may have a different insurance company. When you have filed an accident injury claim, you need to make sure each of the responsible parties is held accountable for your financial losses. This is why it is always a good idea to make sure you hire a law firm with experience handling the complexities of truck accident claims.

It is impossible to stress how important it is to seek immediate medical care following an accident with a truck. Too often, victims of a big rig accident are so shocked at the accident scene they think they have suffered only a few bumps and bruises. The fact is this is probably unlikely. A jolt of adrenaline rushes through our bodies when we are frightened. Let’s face it, there are few things more terrifying than looking in your mirror and realizing you are about to be struck by a roadway behemoth.

No two accidents are the same. However, when you suffer an injury in a truck accident, you could require weeks or months to recover. Some of the injuries can include:

• Traumatic brain injuries — when your head is thrust forward and back after the impact of a truck collision, your brain moves around inside your skull. A traumatic brain injury can have a long-term impact on your life. Victims often suffer from personality changes, some suffer a loss of balance or coordination, and others may lose some cognitive function. Any one of these situations means a change in lifestyle for a truck accident victim and their family.
• Broken bones — the impact of a truck striking a car will nearly always result in at least one broken bone, and in some cases, multiple broken bones. These injuries should not be taken lightly because they can cause serious problems including infections.
• Soft tissue injuries — these may sound like minor injuries but make no mistake about it, they are serious. Sprains, strains and other soft tissue injuries occur when tendons, muscles, and ligaments are pushed, pulled, or strained. These injuries are painful and in serious cases, they can cause weeks or months of pain.
• Head and neck injuries — whiplash, concussions, contusions to the face, broken eye sockets, skull fractures are all possible when you are injured in a truck accident. Depending on the severity of these injuries, you may need follow up surgery, lose the vision in one or both eyes and suffer hearing loss.
• Spinal cord injuries — unfortunately some victims may wind up paralyzed following a truck accident due to spinal cord damage suffered during the impact. These cases are devastating because they mean the loss of mobility from the site of the injury and restrict a victim’s ability to care for themselves and their family.
• Death following a truck accident — life can end in the blink of an eye. When a truck and car collide, when a truck driver loses control and strikes a motorcycle operator, or when a truck fails to obey a traffic signal and hits a pedestrian or bicyclist, the aftermath can leave families deep in grief and suffering an unimaginable loss.

When someone loses their life in a truck accident, there is no way to ease a family’s pain. A wrongful death lawsuit can compensate them for their monetary losses but will never make up for the tragedy they have suffered.

If you suffered an injury in a semi-truck collision you may need weeks or months to recover from your injuries. When you combine the loss of income from being out of work with the financial drain of higher medical bills, the potential of needing to pay for in-home care while you recover, and other expenses, someone should be held accountable. You should not have to bear these costs when the truck accident was not your fault.

One of the primary challenges victims of an accident face when they file an insurance claim is dealing with the insurance company. This is particularly true when cases are complicated like truck accident injury claims. Remember, in some big rig cases, there may be a need to work with more than one insurance company. This will create a whole range of issues.

Insurance company adjusters may contact you or a family member shortly after an accident. Use caution when speaking with any insurance adjuster because they are not there to protect your interests. If you receive a call from an insurance adjuster after you have hired a truck accident lawyer, then the best thing to do is provide them your attorney’s telephone number and let them speak with them. If you have not hired a lawyer, do so immediately.

Remember there will be at least two types of claims which will be filed, one for personal injury and one for property damage. This means at a minimum there will be two insurance adjusters working on your claim. Neither of them is there to protect your interests. They are there to protect the insurance company and the best way for that to happen is to minimize the settlement amount you are offered.

When there are multiple liable parties involved in a claim, the insurance companies will do their best to minimize their portion of the liability. This may be done in various ways including denying your claim outright. You do not want to let the insurance company take advantage of you so there are some things you should avoid:

• Recorded statements — you should never provide an insurance adjuster, or anyone associated with the insurance company with a recorded statement because it could jeopardize your truck accident lawsuit.
• Signing documents — never sign documents without a legal review. Insurance carriers will want to obtain your medical records to determine if you had a similar, prior injury which could help them minimize the value of your claim.
• Agreeing to fast settlements — insurance carriers are smart enough to know if they make a quick settlement offer before you have legal representation they can often wind up paying far less for your injuries.

Since an insurance carrier is protecting their own interests, they will do a lot of things to minimize the amount of money they offer a truck accident victim. One thing many victims are unaware of is what happens following a settlement offer. Hidden in the fine print of the document which contains the offer there is usually a disclaimer which states that once the offer has been accepted, the insurance company has no future liability for the victim’s losses. Do not get tricked into accepting a fast settlement, these offers are usually well below the compensation amount you might otherwise be entitled to collect.

The Insurance Institute for Highway Safety, Highway Loss Data Institute (IIHS) states that large trucks only make up approximately five percent of all registered vehicles. This is small comfort to victims of a truck accident. After a truck collision, you need someone on your side who will advocate on your behalf and work tirelessly to ensure you are properly compensated for your injuries.

Family members who are filing a wrongful death claim should have a basic understanding of Nev. Rev. Stat. § 41.085 (2021) so they understand the limitations of these claims as well as their rights. Your personal injury lawyer can explain this portion of Nevada law to you so know what to expect.

Wrongful death claims will be handled in the same manner as a standard personal injury claim when the settlement demand is being put together. All expenses associated with medical care of the victim prior to their death can be included.

Family members can include compensation for the wages their loved one would have earned through their lifetime had they not died in a tractor trailer accident. Other damages including loss of companionship can also be included. Unexpected expenses would also include funeral and burial expenses.

It is worth bearing in mind the same theory applies to wrongful death claims — specifically that you must be able to prove liability for the truck accident — as apply to other standard personal injury suits. In some cases, either a standard personal injury lawsuit or a wrongful death claim can include punitive damages which are designed to punish the party who is responsible for your injuries or a family’s loss.

Once you have contacted a truck accident lawyer in Nevada, they will assist you in preparing an insurance claim. In some cases, you will have to wait until you are well on the road to recovery to ensure your claim is complete. You will have two years from the date of the accident to meet the requirements of Nevada’s statutes of limitations. Keep in mind, these claims are complicated though so speaking to an attorney as soon after your accident as possible is imperative