Trucking accident attorneys must look at all possible causes of accidents. Usually the culprit is driver error, but possibly equipment failure could be the cause. Over the years, we have represented drivers whose equipment has failed including axle failure, wheels falling off of the axle, and brake failure. Driver Log books often are manipulated and do not tell the whole story of active or passive driver time. Qualcomm technologies from San Diego integrates fleet management into commercial driving fleets. The speeds of the vehicle, performance of the driving, and hands free communication can be integrated into the system. If the Truck is equipped with such technology, it is imperative to get this information as much can be learned about the accident.
Getting qualified accident engineers to the scene is a must in larger accident cases; our team of experts will dispatch on the scene to gather key evidence and shoot digital photographs that can be used in computer survey and accident reconstruction analysis. Do not delay with your trucking accident case—Get a Nevada trucking accident attorney on board.
Driver Error & Fatigue
Driver error is the #1 cause of truck driving accidents and requires an experienced Nevada truck driver attorney. Overworked and often exhausted drivers only make money when they are driving and it is usually paid by the job-- not the hour. This encourages speeding and driving extended hours all of which contribute to an increased risk on Nevada Highways. Annually, truck crashes kill over 5,000+ people and over 150,000 are injured. Commercial trucks accounted for 13% of all passenger vehicle deaths in 1999 yet represented only 3% of all registered vehicles per NHTSA, 2001. Truck driver fatigue is a contributing factor in as many as 30 to 40 percent of all heavy truck crashes.
A 1995 National Transportation Safety Board study found that of 107 heavy truck crashes, fatigue was a prominent factor in 75% of the run-off-the-road crashes, with 68% of long-haul drivers and 49% of short haul drivers suffering fatigue-related crashes. Working long shifts not only radically increases the risk of performance errors due to lost alertness and drowsiness, but it also impairs a trucker's ability to gain proper restorative sleep even when they have sufficient off-duty time for sleep; Federal Highway Administration or FHWA 1997.
Failure to Yield
When a commercial driver errors and pulls out in front of oncoming traffic there is no excuse for this carelessness. High up in the cab, they have complete line of sight to see traffic. This is a huge error as trucks are slow, often pulling a heavy load; this means it takes more time to travel. A lack of this perception is most likely the result of an inexperienced operator. Given the slow operation, the trucking company is likely to counter argue that the vehicle that collided with it was speeding. It is imperative to get experts involved in the case to measure skid marks, review the traffic accident reports, and talk with witnesses to fully evaluate the accident. Call us today if you suffered a similar accident and we will give you the advice you need. Delay can affect your rights, so call now.
Federal Trucking Law
Federal Trucking Law is covered 49 Code of Federal Regulations and mandates trucker work hours including, but not limited to 14-Hour Duty Limit with a period of 14 consecutive hours of duty time after being off duty for 10 or more consecutive hours. The 14 consecutive-hour duty period begins when driving is started. Once completed, 10 hours of rest must be had. Federal trucking law must be looked at when evaluating a personal injury case involving a tractor trailer.
Nevada Trucking Law
Per the DMV, the maximum operating weight is 129,000 pounds for truckers working in Nevada. The Nevada Department of transportation will guide truckers with numerous rules relating to the road, but must run consistent with the Federal Trucking law. Commercial drivers passing through Nevada must operate using our laws. Nevada Semi-trailer attorneys know the right questions to ask in the event a major accident occurs on our freeways. Call Benson & Bingham today if you have a Nevada Trucking Law question.
Nevada's Joint & Several Liability and Truck Drivers
Joint and several liability is a unique law to Nevada Trucking Attorneys given the ability to find 1% liability in a multi-vehicle accident. If a tractor-trailer was driving a few miles over the speed limit, and that contributed to the accident, then a prudent attorney would use that to collect damages from the trucker's owners. This concept should not be overlooked when examining the issues that confront a Plaintiff if the case appears to be under funded from an insurance perspective. The Joint and several liability hook should get major attention if more than two cars are involved and one of them is a tractor trailer or 18 wheeler. Contact Benson & Bingham if you had a big rig crash into your car.
Truck vs. Truck
Truckers can be victims of other truckers. Usually this occurs when one of the Truckers is stopped. DOT regulations require warning devices be put out to warn other drivers after an emergency stop. Even with cones or flares, truckers make mistakes, misjudge the distance between cars and cause accidents with absolutely devastating impacts. Trucker wrongful death actions are inevitably filed as fatalities are extremely common.
Trucks seen on highways usually come from the following manufacturers: American Coleman, Peterbilt, Pro Star International, Western Star, Hino, Sterling Trucks, Volvo trucks, Ford, Freightliner, Kenworth, Mack, and Navistar International, Izusu, and Mitsubishi. If you have suffered a trucking accident and need a Nevada trucking lawyer, call us today.
Las Vegas Trucking Attorneys
If you have read this post in its entirety, you will see actual photographs from accidents our firm has taken the lead role in. Injured victims on this page have given us permission to post their damages. We have helped thousands of accidents victims over the years and would cherish the opportunity to represent you in the event you need us. As the premier Nevada Trucking attorneys in Nevada, we know what it takes to get you the results you need. Call us today.
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Benson & Bingham - Summerlin
11441 Allerton Park Dr. Ste. # 100
Las Vegas, NV 89135 (map) t: 702-684-6900 | f: 702-382-9798
1-800-381-3LAW (3529)
Benson & Bingham - Downtown
626 S. 10th St.
Las Vegas, NV 89101 (map) t: 702-382-9797 | f: 702-382-9798