Whenever you are in a crash involving a large truck or commercial vehicle, the case has some unique issues that do not arise in typical car crashes. Because of these issues, you should always work with a lawyer.
There are three major ways that truck accidents are different from regular car accidents: they are typically more serious, there are different parties involved in the case, and the defendants might have their own legal teams. These complicating factors often mean you should have a strong legal team of your own.
For a free case evaluation, call the Nevada truck accident lawyers at Mitchell Rogers Injury Law today at (702) 702-2622.
More Serious Accidents
Trucks might seem huge when driving next to them, but they feel even bigger when they are involved in a crash. The interstate weight limit for trucks is typically 80,000 pounds, and trucking companies often put as much cargo as they can on each truck. Compared to a sedan, which often weighs around 3,000 pounds, 18-wheelers are potentially over 26 times the weight of cars.
Physics
The physics at work in a crash mean that speed and weight of the vehicles are two of the biggest factors in how much damage results. With such a high weight, crashes at highway speeds can cause so much damage to a smaller car that the drivers and passengers suffer crushing forces.
The crumple zones and airbags in a vehicle help protect you from the worst effects, but even through those defenses, these crashes can cause massive damage and injuries.
Injuries
Truck accident victims are far more likely to die than victims of car-only crashes. Additionally, those who do survive are more likely to face serious injuries like paralysis, brain injuries, and amputation.
Higher Damages
Because there is more damage and worse injuries, these cases are more expensive. Any insurance company will pay more attention to expensive cases and work harder to shut down the claims or pay out low-dollar settlements to avoid the worst expenses.
This can make it harder to get your damages paid in full.
Parties Involved
In a car accident lawsuit, you typically sue the other driver. If there is more than one driver, you might hold multiple drivers responsible.
With truck accidents, there is always an extra party to consider: the trucking company. Trucking companies can be held liable in two general ways:
Direct Liability for Trucking Companies
If the driver did most of the work contributing to the cause of the crash, they would be responsible for a higher percentage of the fault. However, trucking companies might share fault or be wholly responsible for causing the accident instead.
This happens in a few typical ways:
- The truck – owned by the trucking company – was poorly maintained or dangerous, and that contributed to the crash.
- The trucking company knew or should have known that their driver was dangerous or unqualified, but it hired them or kept them on staff anyway (negligent hiring/retention).
- The trucking company encouraged or required violations of trucking regulations – inspections, hours of service rules, weight limits – leading to dangerous conditions.
Vicarious Liability
When an employee causes an accident while doing their job, their employer can be held responsible in their place. This works with anything from store clerks creating dangerous slipping hazards to truckers crashing their vehicles.
This depends on a few factors, however:
- The trucker must be an employee. This kind of liability does not work for independent truckers or independent contractors, who are considered self-employed even if they do contract work for another company.
- The accident must have happened during the trucker’s job duties, not while performing private/personal errands.
- The accident must be caused by negligence – a breach of a legal duty. Anything less than that does not allow for liability.
In these cases, the legal principle of “respondeat superior” allows you to demand the trucking company pay for the damages their driver caused.
Legal Teams
The trucking company and the driver should each have insurance, meaning there are definitely lawyers to contend with. However, trucking companies might have their own legal teams in place. All those lawyers typically do is defend trucking companies, and they know what they are doing.
It is vital to have your own lawyer on your side when going up against potentially two to three sets of legal teams (the trucker’s insurance’s lawyer, the trucking company’s insurance’s lawyers, and the trucking company’s own lawyers).
FAQs for Truck Accidents vs. Car Accidents in Nevada
Do Truck Drivers Have Insurance?
All drivers in Nevada are required to carry insurance, and truckers are no exception. In fact, most truckers have even higher insurance, given the fact that they need to keep up with multiple states’ minimum insurance policies when they drive interstate, and they have a higher risk of causing serious property damage and injury.
Do You Sue Truckers or Trucking Companies?
While you typically sue the at-fault driver directly, the trucking company could be involved as a co-defendant or be held liable in place of the trucker. Making sure you have the right parties listed on the lawsuit in the right way is something our Nevada truck accident lawyers can help you with.
Can I Get More Money from a Truck Accident?
When you sue one party/driver, you are typically limited to the damages they can afford to pay, often based on their insurance policy limit. When you sue a trucking company and the driver, there is already the potential that two insurance policies/parties could pay higher total damages.
On top of that, trucking companies often have more money and assets to pay out-of-pocket damages compared to an individual driver. This opens the potential for higher damages, should you be able to prove your case is worth more than the policy limit.
Call Our Truck Accident Lawyers in Nevada Today
Call (702) 702-2622 for a free case review with Mitchell Rogers Injury Law’s Nevada truck accident attorneys.