Las Vegas Truck Accident Lawyer
We know the insurance companies' playbook
because we helped write it.
When you are in a collision with a large truck, the damage is nearly unimaginable. Injuries from an accident with an 18-wheeler are rarely mild, and managing a lawsuit can be overwhelming. Mitchell Rogers Injury Law in Las Vegas, NV knows that this is one of your most vulnerable times and endeavors to treat you and your case with diligence and compassion.
Handling a lawsuit yourself without the help of a dedicated Arizona Car Accident Lawyer takes some of the pressure off your plate and gives you the time and emotional energy you need to recover. The road to recovery can be painful and arduous, but with a good truck accident lawyer on your team, you know you have someone to look out for your interests and fight for your rights to compensation for your injuries.
For a free case review from our truck accident attorneys, call Mitchell Rogers Injury Law at (702) 702-2622.
Data and Statistics About Las Vegas Truck Accidents
Truck accidents are more common than many people realize, and the data about truck accidents may surprise you.
Frequency of Truck Accidents
Truck accidents happen every day. The National Highway Traffic Safety Administration (NHTSA) reports that nearly 6,000 people died from accidents with large trucks in the recent reporting year, and another 155,000 were left injured. Almost 75% of reported fatalities were occupants of vehicles other than the truck, and 71% of the injuries reported in truck accidents were occupants of the other vehicle. The same report shows that 59 trucks were involved in fatal car accidents in Nevada alone during the reporting period.
Stats on Truck Drivers
Regarding the truck drivers involved in accidents, the National Highway Traffic Safety Administration report shows that truck drivers had a lower percentage of intoxication being involved in the accident than 3% of drivers. Truck drivers are likelier than car drivers to have had prior accidents in the previous five years, but less likely to have had previous license suspensions or revocations. The data shows that while tractor-trailers are involved in relatively few accidents compared to cars, the damage is far more disastrous. This is for several reasons, but the most prominent is the expansive size difference.
Truck Weights and Sizes
A compilation of existing state truck size and weight laws reports that trucks in Arizona can weigh up to 80,000 pounds without a permit. However, the state may issue permits allowing the trucks to exceed that 80,000-lb weight limit. The Environmental Protection Agency (EPA) automotive trends report states that vehicles will generally be 4,000-6,000 lbs., less than the 18,000 lbs. most states allow per commercial truck axle. When these vehicles collide, even an impact that would otherwise be a minor fender bender can total a car and leave the occupants seriously injured or dead.
Major Roads Around Las Vegas for Trucks and Truck Accidents
While truck accidents can happen on any public road, they are somewhat more frequent on major highways, which are common trucking routes.
Las Vegas Freeway
The Las Vegas Freeway, also called Interstate 15, is a major highway that connects Las Vegas to Southern California. This route runs from Los Angeles up through Las Vegas and on to Utah. It is a major trucking route, and accidents are unfortunately common.
U.S. Route 93
Another major highway in the area is U.S. Route 93. This highway runs from Phoenix and Tucson in Arizona, up through Las Vegas, then continues into Northern Nevada and Utah. It is another important route for trucks, connecting several major cities.
U.S. Route 95
U.S. Route 95 connects Las Vegas to Reno, and traffic is often busy. Trucks are common on this route, and accidents happen all the time. This and other highways also connect to various other highways, so trucks and cars may be coming and going from all sorts of places.
How Distribution Centers May Affect a Truck Accident Case in Las Vegas
Distribution centers are a crucial component of the trucking industry and local, regional, and national supply chains.
What is a Distribution Center?
Distribution centers are like large warehouses where products, goods, and merchandise are stored before being shipped. Truck drivers usually pick up cargo here before long trips. Many truck drivers work for these distribution centers and drive cargo wherever it needs to go. As such, distribution centers may have a lot of control over and responsibility for truckers, the trucks, maintenance, and many other factors involved in an accident.
Can I Sue a Distribution Center for a Truck Accident?
If the trucker who caused your accident works for a distribution center, you may be able to sue the distribution center for your damages in addition to the negligent trucker. As the employer, the distribution center may be held vicariously liable for your injuries.
Alternatively, you may file insurance claims with policies held by the distribution center. Considering the volume of business many large distribution centers do, they often have substantial insurance policies that may more easily cover your damages.
Complicating Factors of a Las Vegas Truck Accident
Big rig accidents can become particularly complicated, making it crucial to secure a big rig accident lawyer to help you with your case. Any type of litigation can become complicated, but truck accidents have some circumstances that are more likely than the average accident.
Cost
Sustaining an injury always complicates things, but in the case of a truck accident and the likelihood of sustaining significant injuries. When your injuries may be tens of thousands of dollars instead of a couple of thousand, the insurance companies become more aggressive with their negotiations. They may work harder to discredit you and your injuries or request a large amount of documentation as proof that your injuries are as bad as you say they are. The insurance company’s job is to protect their money and assets, and they do an excellent job. You deserve representation by a fierce big rig accident attorney who knows insurance companies’ tactics and will not be bullied or inconvenienced into less compensation than you deserve.
Multiple Parties
Most truckers are not directly responsible for their trucks. Many drive a truck that belongs to their company or the company they contract with. This means that while the driver is involved, the company that owns the truck may also become involved.
Sometimes, the truck driver may be required to carry their own insurance on the truck, which likely means there are two companies with policies. This may become relevant if the reason for the accident is unclear or if your tractor-trailer accident attorney thinks the truck owner, mechanic, or cargo loader may hold responsibility in addition to, or instead of, the driver.
The addition of third and sometimes fourth parties can quickly make things difficult, and you need the experience of a reputable tractor-trailer accident lawyer to help you.
Federal and State Regulations
The trucking industry is heavily regulated, in part to minimize accidents caused by exhaustion. However, it also means there are many more points to consider when discussing liability. For example, if the truck was not maintained in accordance with federal or state standards, the owner may be responsible, the same way the driver may be responsible for not abiding by the Hours of Service (HoS) guidelines.
Causes of Las Vegas Truck Accidents
The causes of truck accidents can be very similar to any other kind of vehicle accident, but many are unique to 18-wheelers. Las Vegas, Nevada, is a huge hub of activity, and vehicles of all types can be seen traveling the strip nearly any time of day or night. It is a recipe for disaster, particularly since the NHTSA report cited earlier states that most accidents happen off the freeway. Some of the reasons for those accidents may be:
- Distracted driving
- Inadequate training
- Failure to check the blind spot
- Inability to stop quickly
- Improperly loaded cargo
- Poorly maintained brakes
- Improperly secured cargo
- Driver exhaustion
- Negligent hiring by the company
- Company failure to enforce required breaks and HoS guidelines
- Left turns
- Inadequate space for wide turns
This is not an exhaustive list of the causes of accidents. There are plenty of reasons that may fall beyond the control of the driver or trucking company, such as negligently maintained roads or landscaping, which cause blind spots. If you are in a truck accident, you need the support of an 18-wheeler accident lawyer to help identify all of the possible causes and investigate the potential liable parties.
Injuries From Las Vegas Truck Accident
Injuries in truck accident cases are often painful and expensive to treat. Many injured victims go through lengthy and expensive treatment, and their damages should reflect the magnitude of their losses.
Physical Injuries
Semi-truck accident injuries are commonly severe, if not life-threatening. The force of impact, even at low speeds, can cause neck injuries like whiplash. Some of the other injuries you may have sustained from a semi-truck accident include:
- Concussion
- Lacerations
- Broken bones
- Disfigurement
- Internal bleeding
- Traumatic Brain Injury
- Spinal cord injury
- Burns
- Respiratory injury
Psychological and Emotional Injuries
Many of the injuries we think of after an accident are physical, and those are important to address, but emotional injury should not be disregarded. Emotional injuries that come from a traumatic and potentially life-threatening event like a semi-truck accident can disrupt your functioning as much as a broken bone or concussion.
If you are experiencing symptoms of trauma such as nightmares, intrusive thoughts, increased depression or anxiety, or a change in sleeping and eating patterns, you may be experiencing symptoms of PTSD and should speak to your medical providers. It is helpful to send any medical updates to your attorney as you have them.
Why Do I Need a Trucking Accident Lawyer?
It can be argued that any time it is an option to have a lawyer, you should have one. A semi-truck accident attorney is no different. General caution aside, there are many clear benefits to retaining a truck accident lawyer immediately after your accident. The trucking company and insurance company likely have lawyers on their staff or available to consult during this ordeal. Having your own lawyer just levels the playing field. Additionally, an attorney can help with:
- Knowledge of truck accident law
- Negotiation skills
- Investigating your accident
- Handles communication with other parties
- Resources
- Taking the case to trial
- Valuing your injuries
All of these reasons are valid for having a truck accident attorney, but additionally, when you retain an attorney, you have someone to guide you through the legal process. They can help set your expectations for the case and keep you updated on progress, so you do not have to. Some people may feel that securing an attorney after a car accident is an extreme decision, but, in reality, it is just smart.
Supporting Your Case
Beyond focusing on your own recovery and keeping all necessary follow-up appointments, there are several things you can do from the moment the accident happens to begin preserving and gathering evidence your attorney may use in your favor. These may include:
- Call to consult with an attorney immediately so they can file motions to preserve data from the truck
- Seek medical attention
- Collect witness information
- Take photos of the scene
- Take photos of your injuries from the accident as they heal
Our lawyer may take the lead in navigating your lawsuit, but your engagement is crucial to its success. One of the ways you can support your attorney’s efforts is to behave in a way that minimizes liability. To do this, your lawyer may advise that you minimize time on social media and avoid talking too freely about your case. The more information you put into the world, the more information the opposing parties have available to use against you.
Damages in a Truck Accident Case
When our trucking accident lawyer talks to you about damages in your case, we refer to the overall cost of your injuries. There are a few types of damages commonly claimed in court, but you will most frequently hear the terms economic or non-economic damages. These labels refer to the types of costs you are claiming.
Economic damages are easily evaluated by considering the actual money spent on things, while non-economic damages are based on less explicit costs. Economic damages may be supported by providing invoices and receipts, while non-economic damages may be established by witness testimony. Some of the damages that your trucking accident lawyer may suggest you claim are:
- Medical costs, current and future
- Property damage
- Pain and suffering
- Disfigurement
- Lost wages
- Loss of earning potential
- Loss of consortium
Wrongful Death
You may be entitled to compensation if you have lost a family member in a truck accident. If you are unsure of your eligibility to file a lawsuit, you may benefit from speaking with a wrongful death lawyer. No amount of money can bring back your loved one. Still, our hope at Mitchell Rogers Injury is that recovering compensation can help with medical bills or funeral costs for the decedent at a minimum. In some cases, you may be able to use the money to supplement your loved one’s income and float household expenses while you grieve or determine what comes next in life.
Punitive Damages
Punitive damages are awarded by the jury in cases that go to trial. They are assigned when the jury determines the accident was caused by particularly abhorrent behavior. While the other damages discussed are meant to compensate, these are meant to punish. An example of this behavior would be if the guilty driver were driving under the influence of drugs or alcohol.
FAQs About Las Vegas Truck Accident Cases
What Causes Truck Accidents Around Las Vegas?
Truck accidents often occur due to driver negligence. Speed, tired truckers, and distractions behind the wheel are just a few common examples of trucker negligence.
Who is Responsible for a Truck Accident?
Negligent truck drivers are often directly responsible for accidents and should be held accountable. In many cases, the truck driver’s employer may be held vicariously liable.
How Do Distribution Centers Play a Role in Truck Accident Cases?
Distribution centers are like hubs for trucks and truckers. Truck drivers are often driving too or from a distribution center when they cause an accident, and many truckers even work for these centers. In such cases, a distribution center may be included in a lawsuit.
Where Do Truck Accidents Often Occur Around Las Vegas?
Truck accidents are more prevalent on major highways, as they are common trucking routes. Around Las Vegas, truck accidents are frequent on U.S. Routes 93 and 95 and the Las Vegas Freeway. Even so, truck accidents may happen anywhere, and you should seek help from an experienced attorney.
How Do I Get Compensation for Injuries from a Truck Collision?
In many cases, injured drivers file insurance claims against the trucker’s insurance or the trucker’s employer’s insurance. They may instead negotiate a private settlement or file a personal injury lawsuit to recover fair compensation.
What if Other Drivers Are Also Injured in a Truck Accident?
Truck accidents tend to be large and affect many drivers and passengers on the road. If other injured drivers are also seeking compensation and pursuing legal action, their cases may be joined with yours, depending on the circumstances.
What Evidence Do I Need to Support My Claims in a Truck Accident Case?
Common examples of helpful evidence in truck accident cases include, but are not limited to, photos of the accident scene, security camera and dashcam videos, witness testimony, medical records, and trucking company records. Talk to your attorney about what kind of evidence you need for your specific case.
How Much Compensation Should I Receive After a Truck Crash?
Truck accidents are often serious, and victims tend to suffer severe injuries. As such, you can likely expect high damages and substantial compensation. It is not unusual for victims to claim tens or hundreds of thousands of dollars in damages.
What Damages Should I Claim as Part of My Truck Accident Case?
You may claim damages for monetary expenses like medical bills, property damage, and lost income if your injuries prevent you from returning to work. You can also claim non-economic damages for the pain, suffering, and distress the accident causes you.
Who Pays for Compensation in a Truck Accident?
Often, insurance companies pay for damages, as truck drivers and their employers must have insurance to do business. If the defendant does not have insurance, or their insurance is too limited to cover all your damages, you may seek compensation from your own insurance or take the case to court and make the defendants pay out of their own pockets.
Can a Lawyer Help Me After a Truck Collision?
Yes. Truck accident cases often involve lengthy investigations and very high damages. As such, the legal process can be time-consuming and difficult. Your attorney can help you with insurance claims, settlement negotiations, and personal injury lawsuits.
How Long Will I Have to Wait for Compensation After a Truck Accident?
The time it takes to get compensation may vary based on your specific circumstances. When damages are high and the accident is more complicated to piece together, it will likely take longer to get compensation. Also, compensation tends to take longer if you pursue a full trial, but it is often greater than compensation received through insurance or a private settlement.
Call Our Las Vegas Truck Accident Lawyers Today
For a free case review from our truck accident attorneys, call Mitchell Rogers Injury Law at (702) 702-2622.