Truck accidents, like most other automobile accidents, fall under the practice area of personal injury. If you’ve been involved in a truck accident, you should retain a Las Vegas personal injury attorney who has experience negotiating with trucking insurance companies and litigating truck accident cases in court to assist you with your personal injury claim. Some accidents may involve long-term or permanent injuries. Depending on the circumstances of an accident, a court may award injured individuals significant damages to cover the cost of their injuries. An experienced truck accident lawyer knows how to negotiate with insurance companies to secure compensation for long-term injuries or injuries that may require multiple surgeries. If settlement proves unviable, your attorney should not hesitate to file a personal injury lawsuit on your behalf.
Knowing what steps to take after an accident is crucial to the outcome of the situation. Follow the steps below to ensure all involved parties are cared for and accounted for in a truck accident.
Even if the accident was minor and you think you are uninjured, you should always have a doctor evaluate you for any hidden injuries following an accident. A light tap from a car is less dangerous than a light tap from a huge truck, which could have caused injuries that may not appear for days or weeks after your accident. It is not uncommon for injuries to show up hours or even days later. When you are in an accident, your adrenaline flows, which may prevent you from feeling pain. You should always have a doctor evaluate you for injuries following any type of truck accident.
The police report will contain valuable information that allows your Las Vegas truck accident attorney to determine what type of claim to file and how big of a settlement you could receive.
Take advantage of the free initial case consultation offered by most personal injury attorneys in Las Vegas. You can discuss the accident and your injuries, without being pressured to make a legal decision you are not ready to make. It’s important to note that the personal injury claim process adheres to the Nevada statute of limitations for truck accident cases.
Once you have hired a lawyer, they will review all evidence, testimonies, and reports from law enforcement and doctors to determine a fair settlement for your injuries. You will be included in every step of the process.
Head on collisions are a common occurrence in busy streets. A truck may make a lane change and swerve too far, or another vehicle may be driving the wrong way in a one way street.
Rollovers happen when a truck underestimates a curve and takes it too fast. The weight of a truck is distributed so that it is top heavy, and can easily roll over on a sharp curve.
Busy traffic, construction, and weather conditions can all lead to rear-end collisions. Whether it is simply a light tap or a rear ending at high speeds, injuries can be extensive.
Trucks by nature have many blind spots and can easily make a mistake when switching lanes by sideswiping or crushing a car that was driving in their blind spot.
With eighteen wheels, the odds are high that a tire will blow at some point. These blowouts can be dangerous and cause a rollover accident, or pieces of the tire can hit another vehicle.
When a large semi cannot slow down in time or they hit a patch of ice, they can lose control of their trailer and jacknife. This blocks other lanes of traffic and leads to pileups.
Many people forget that semi-trucks need to swing far out when making a right turn so they do not sideswipe the curb or pedestrians. Many cars have been sideswiped when attempting to make the same turn.
If a truck’s straps are not secured tightly enough, their load can shift and spill onto the roadway when making a turn or slowing down for a stoplight, creating a hazardous situation for other drivers.
We are well established litigation attorneys who poses the knowledge and first hand experience required to take control of your case and force commercial companies to reveal and exhaust excess policies. Benson & Bingham Accident Injury Lawyers, LLC has collected millions from excess insurance policies. Protect your rights today and call us for a free consultation.Meet the Attorneys
Benson & Bingham’s accident injury attorneys have collectively recovered $500 million in damages for personal injury cases throughout Las Vegas. Our law firm has several years of experience in litigating personal injury cases throughout the state.
In this case, our client was involved in an accident with a commercial vehicle, which resulted in serious injuries. Our personal injury lawyers were able to obtain a $2,650,000 settlement on their behalf.
Benson & Bingham’s personal injury lawyers represented a client who was seriously injured after being hit by a tractor trailer. Our team of attorneys was able to obtain a $1,540,000 settlement for their injuries.
Before retaining a Las Vegas Truck Accident Lawyer, you should ask how many cases he or she has settled and how many have gone to trial. You may also want to inquire about the specific dollar amount of past settlements or damages awards that the attorney has secured in similar cases.
Benson & Bingham Accident Injury Lawyers has a variety of convenient office locations. We make it easy for you to consult with an attorney after being involved in a truck accident in Las Vegas! We look forward to serving you and representing your rights.
Economic damages are for costs that you can easily put a dollar amount on, including:
These are damages that a defendant must pay that do not have a set dollar amount. Most insurance companies and some attorneys use a chart to calculate non-economic damages. You may be eligible to receive compensation for the following non-economic damages:
If an accident investigation shows that a driver acted negligently, a court may award you punitive damages. Courts only award punitive damages when an at-fault party acted grossly negligent. Driving under the influence of alcohol or drugs or driving while distracted may constitute gross negligence. Nevada law limits punitive damages to three times the amount of compensatory damages if the amount of compensatory damages equals or exceeds $100,000. If compensatory damages amount to less than $100,000, the law caps punitive damages at $300,000. However, Nevada law does not impose any cap on punitive damages if the defendant was intentionally driving under the influence of alcohol or drugs.
Don’t let your chance for just compensation pass you by. Electronic Logging Devices are now mandatory in all commercial trucks and buses and it is critical to preserve this evidence prior to trial. If you or a loved one has been injured concerning any commercial vehicle; eighteen-wheeler, diesel, cement truck, limousine, big rig, construction truck, garbage truck, etc contact Benson & Bingham Accident Injury Lawyers, LLC online or by calling (702) 382-9797, to schedule a free consultation
Truck accidents occur for various reasons. In some cases, the cause is entirely accidental, such as when a mechanical part that appears fully functional fails. For example, if an engine sensor goes bad and causes a truck to stall in the middle of the road, the driver may lose control of the truck’s hydraulics and be unable to stop in time to avoid an accident. In other cases, a truck driver is entirely at fault for an accident. Truck drivers can cause accidents because they are driving while tired, are driving too fast for conditions, or have failed to properly maintain their truck. Drivers can also cause accidents if they drive while under the influence of drugs or alcohol or fail to pay attention to the road.
Truckers put in long hours driving on the road, which can lead to distraction, exhaustion, or unintentional reckless driving.
If a driver is unprepared for poor weather including rain, wind, or ice, they may lose control of the vehicle.
Truck drivers may get in an accident when a drunk driver swerves into their lane or closely tails behind them.
When the infrastructure of the road is poorly maintained, semis can have a difficult time driving safely.
Sometimes parts are defective and fail, leading to loss of driving control and malfunction of other vehicle parts.
Long hours of focused driving leads to exhaustion, fatigue, and inadvertently falling asleep at the wheel.
Tractor Trailer accidents involving big rigs and 18-wheelers are special claims. Drivers of these vehicles must have a CDL or commercial driver’s license. In addition, these types of carriers must carry logbooks logging each of their trips down to the hour. Driver fatigue is to blame in large percentage of cases involving commercial drivers. Tractor Trailer Accident Attorneys handling such claims must also investigate the load and capacity of the cargo area to see what, if any, issues may be present that relate to the accident. Tractor-trailer accidents cause major damage as they often involve more than just two vehicles.
With gross vehicle weights often approaching 40,000 lbs. (without a load) the destruction is often enormous. Cummins Diesel engines are the powerhouses in these rigs that often provide the mass in the wrecks. Special ratios can be examined to see exactly how much force went into the accident. Formulas using weight, distance and speed can be used to calculate kinetic energy. Kinetic energy is useful when applying analogies to objects and the impact of the force of a tractor trailer. High kinetic energy = high probability of injury.
The positive side from an insurance coverage perspective is the fact that most tractor-trailer accidents involve commercial carriers. United Parcel Service (U.P.S.), Federal Express (FEDEX), and DHL are examples of commercial carriers. Trucks that ship freight, cargo, or heavy packages are governed by the DOT. The D.O.T. (department of transportation) outlines specific rules for tractor-trailers. Commercial carriers are required to carry insurance coverage; normally that coverage is one million dollars per accident. This coverage, however, is sometimes not enough when major personal injury occurs. Prudent attorneys will look into excess policies that will govern and cover exposure over the primary policy.
Of the thousands of drivers that keep the US shipment business on track, many are self-employed. It is imperative in any case to check the relationship of the driver, especially the subcontractor, and his/her relationship to the shipping company.
Because of tractor-trailer accidents, The Las Vegas personal injury attorneys at Benson & Bingham Accident Injury Lawyers, LLC is consistently filing wrongful death actions, which involve setting-up estates in Probate Court, as well as handling probate matters. Contact Benson & Bingham Accident Injury Lawyers, LLC today for questions or concerns regarding a tractor-trailer incident: 702-382-9797
Trucks go through several types of inspections, including roadside inspections and driver vehicle inspections. Below we discuss some of the most common truck inspections:
Working with a lawyer will help you more effectively determine who bears liability for your truck accident.
After a truck accident, you may have serious injuries that require extensive medical care. The compensation you receive for those injuries will vary based on:
Whether the truck driver or the trucking company holds responsibility for paying for your injuries will depend on several different factors. Talk with a lawyer to better understand how to pursue compensation for your accident. Many lawyers will ask these questions: Did the trucker work as an employee or a private contractor? As a private contractor, for example, the truck driver may carry his own insurance and use his own equipment. A company’s employee, on the other hand, might use company equipment and receive coverage from a company insurance policy. Did the trucking company follow the law? In some cases, the trucking company might share liability for your accident with the truck driver, even if the truck driver operates independently. These might include:
Some of the most common truck accident injuries include:
If you do end up filing a lawsuit and taking your personal injury claim to court to secure compensation for your truck accident injuries or for the death of a loved one, you may have to testify as to the events of the accident and following the accident. However, in such an event, we will help you prepare for your testimony. Whether you settle or go to trial, you’ll have to participate in discovery, which entails providing the other parties with copies of your medical bills, the police report, and other documents related to your accident. We will help you collect these documents. If we need expert witnesses to testify about your injuries, the death of a loved one, or even to refute a police report, we will hire the appropriate expert witnesses—such as doctors and accident scene reconstructors—to help us present your case as accurately as possible.
Try to talk with a lawyer before accepting any settlement offer, especially one offered immediately after the accident. In some cases, you may have no idea of the extent of your injuries or what those injuries will cost until weeks or months after the accident. In other cases, the insurance company might try to offer a low settlement to decrease its overall responsibility. Always consult with a lawyer before accepting those offers.
Many individuals try to settle with insurance companies without the assistance of an attorney. However, retaining an attorney to handle these negotiations will help maximize the amount of compensation that you receive. Always keep in mind that insurance companies—even your own—are focused on their bottom lines, which means they want to pay the least amount of compensation necessary to close a claim.
You do not have to have a lawyer to file a claim after a truck accident. Keep in mind, however, that most trucking companies and their insurance companies have a great deal of experience with handling minor accident claims. You want someone on your side with equal experience as well as the determination to go after the compensation you deserve. Many of our clients find that having a lawyer on their side substantially increases the compensation offered by the insurance company, whether they can settle out of court or need to go to court to get that important compensation.
Your first step after being involved in a truck accident should be to contact a reputable personal injury or accident lawyer in Las Vegas. They will discuss your case, review evidence, and help you file a claim for a settlement against the at-fault party.
Generally, after a serious traffic accident, the police will appear on the scene as soon as possible. After a more minor accident, however, you may need to file a police report yourself. You should always file a police report about an accident, even if you believe your injuries fairly minor. If possible, have an officer come to the scene to file the report to provide additional evidence concerning who caused the accident. Because of our diligence in preparing personal injury cases, insurance companies almost always prefer a fair settlement over litigation.
Many people avoid getting involved with an attorney due to the financial strain. However, many lawyers, including Benson & Bingham, offer a variety of flexible repayment plans to ensure everyone has the chance for quality legal guidance. Take advantage of the free case consultation as well!
The best option when dealing with the aftermath of a vehicle accident is to let your lawyer handle the insurance companies. You will need to contact your insurance company immediately after the accident to report it, but anything further than that is not necessary. Your lawyer will handle it for you.
Simply put, trucks have a great deal more mass, both in terms of size and weight, than passenger vehicles. When a commercial truck, including eighteen-wheelers, construction trucks, and logging trucks, gets involved in an accident, it substantially increases the force applied to passenger vehicles. Commercial trucks take longer to slow down or to stop completely, which also raises accident risk when drivers cut them off or stop suddenly in front of them. Many big trucks also carry hazardous cargo that can cause further damage to passenger vehicles and the people in them.