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6 Steps To Take If You Got In An Accident With A Truck
If you get in an accident with a big rig truck, you will almost always come out on the losing end—with more severe injuries and greater damage to your vehicle. And unfortunately, large truck accidents can often result in death. In 2017, trucks were involved in over 8 percent of all fatal vehicle accidents in Nevada. If you’ve suffered injuries in a truck accident, or a loved one was fatally injured by a trucker, a Henderson Truck Accident Attorney may be able to help you recover damages you’ve suffered through a lawsuit. Suing for injuries in Henderson is a significant step, and it requires careful legal strategy. Make the phone call soon, though, because under Nevada law, you only have two years (known as the statute of limitations) from the date of your accident to file a lawsuit. That might seem like a long time, but the sooner you get your attorney involved, the better off you’ll be
Filing a lawsuit isn’t just throwing some words on a piece of paper. Your lawyer needs to make sure you bring a suit against the proper party, that the case has a sound legal basis, and that the attorney can get the right people on your team (expert witnesses, investigators, and others).
Understanding The Aftermath Of A Truck Collision
The first moments and days following a truck accident are crucial. There are several steps that must be taken if you intend to file a lawsuit for your injuries, including contacting a lawyer and getting a thorough medical evaluation. While it may be difficult to remember each step, the most important thing to remember is to contact a Henderson personal injury law firm. They will be able to guide you through what needs to be done in order to file a claim for compensation.
Seek Emergency Medical Assistance After The Truck Accident
It is imperative that you seek medical assistance as soon as possible following the crash if emergency services were not needed at the scene. You may not feel any injuries but it is highly likely that evidence of injury will appear within a few hours or days, and it could be life-threatening. Injuries can cause problems years down the road if they are not addressed. Not only for your wellbeing, but your attorney will need a professional medical report to help build your case.
Request Or File A Police Report Immediately
If law enforcement is not already on the scene, you will need to contact the local police station and report the collision. They will take down all the information you provide, along with any witness contact information so they can file statements as well. You are legally allowed to request a copy of the police report, or your attorney can do so in order to build a case.
Schedule A Free Consultation With Our Truck Accident Attorneys
Take advantage of the free case consultation offered by most Henderson truck accident attorneys. During the consult, you will have the opportunity to discuss the vehicle accident and your perspective of the situation, show your injuries if possible, and learn more about the legal options available to you moving forward. Benson & BIngham will never pressure you into hiring our services if you are not ready. Instead, we offer comprehensive information so that you can make your own decision about how to proceed.
We’ll Help You Determine A Fair Settlement For Your Injuries
Once you have chosen a Henderson personal injury attorney to represent your case, they will immediately begin working on building a case with a strong defense, and calculating a fair settlement for your injuries. Many factors are taken into account including your past and present medical bills, future rehabilitation and physical therapy needs, decreased quality of life, pain and suffering, and more.
Mediate & Negotiate To Resolve The Personal Injury Dispute
The most difficult part of the personal injury claim process is negotiating with the insurance company to reach an agreement on the amount of compensation deserved by the injured party. With an attorney on your side, you have the freedom to rest and recover from your injuries while we fight on your behalf. Benson & Bingham is not afraid to stand up to difficult insurance companiesm and will take your case to trial if they prove unwilling to offer fair compensation for your loss.
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Common Types Of Truck Accidents Handled By Our Henderson Personal Injury Attorneys
Truck accidents can occur for any number of reasons. Whether it is a head on collision, multi car pileup, defective parts, or a fatigued driver, you are entitled to be compensated. Our Henderson personal injury lawyers at Benson & Bingham Accident Injury Lawyers are equipped to handle a variety of truck accident cases, including:
Head-On Collisions
Head on collisions are common in the busy streets of Henderson. A truck driver may make a lane change, swerve too far, or take a turn too wide. Perhaps another vehicle is driving the wrong way on a one way street.
Rear-End Collisions
Many factors come into play during rear end collisions, such as inclement weather, fatigued drivers, busy traffic, construction, and speed. From light taps to totaled cars, a rear ending can cause extensive injury for drivers, particularly when a truck is involved.
Rollover Accidents
When a trucker underestimates a curve and takes it too fast, a rollover accident can easily occur. A truck’s weight is distributed in a way that makes the vehicle top heavy, so it can easily roll over and crush other cars on a tight curve.
Blind Spot Collisions
By nature, trucks have many blind spots, which means that a truck driver can easily make a mistake or miss a car when changing lanes. Blind spot collisions can include anything from sideswiping a car to crushing it, causing extensive injury.
Tire Blow-Outs
With eighteen wheels, chances are high that a tire will blow out at some point on the road. These tire blowouts can be extremely dangerous and cause a rollover accident, or pieces of the tire can hit another vehicle and break their windshield.
Jackknife Collisions
Jacknife collisions usually occur when a truck cannot slow down in time, or they hit a patch of ice and lose control of their truck and trailer. A jacknife can block other lanes of traffic and cause a massive pileup.
Wide Turning Accidents
Drivers often forget that semi-trucks need to swing wide when making right hand turns so they do not clip the curb, road signs, or pedestrians. Many cars have been sideswiped because they tried to make the turn while a truck is swinging out wide.
Spilled-Load Accidents
Trucks carry all types of materials, from food to highly toxic solutions. If the truck’s straps are not secured tightly enough, their load can shift and either fall off the truck bed onto the road, or cause a rollover as the weight becomes unevenly distributed.
Meet Our Experienced Team Of Truck Accident Lawyers Serving Henderson
Henderson’s Most Reliable Truck Accident & Personal Injury Law Firm
For nearly 20 years, Benson & Bingham Accident Injury Lawyers, LLC has proudly served residents of Nevada as they file personal injury claims and seek compensation. Licensed through the state of Nevada, our Henderson vehicle accident injury attorneys are prepared to represent you at both a local and national level. We believe you deserve to be fully compensated for your injuries and decreased quality of life, and fight tirelessly on your behalf whether you are facing a workman’s comp injury, vehicle collision, or even the wrongful death of a loved one.
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Henderson Truck Accident Attorneys With 5-Star Rated Reviews
Client Testimonials
I suggest using Benson & Bingham if you’re in need of an injury accident attorney! They have an amazing staff and made the entire process easy and stress free handling my case with compassion and a remedy of great efficacy!
I picked this place and I’m so glad that I did. Ida was very helpful and professional. If I had questions they were answered. I would definitely use them again in the future and I would definitely recommend them to anyone. Thank you for your service I appreciate it.
What I love about Benson & Bingham, especially from my attorney, Lina, I felt informed and cared for my health. She made sure I was ok at all times through my injury. I hate I had the accident, but it was comforting to know I was well taken care of.
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Award-Winning Law Firm Serving Throughout Henderson
Benson & Bingham: Obtaining Exceptional Results For Truck Accident Cases
GARBAGE TRUCK ACCIDENTS
Incidents with garbage trucks are actually more common than people realize, due to their sudden stops and large equipment. Benson & Bingham has successfully recovered $2,250,000.00 in damages for a client injured in a garbage truck accident. Give us a call today to see what we can do for you!
SEMI / COMMERCIAL ACCIDENT
Clients injured in an accident with a semi truck or commercial vehicle are entitled to full compensation for their injuries and medical care. We have successfully recovered $2,650,000.00 in damages for one of our clients.
TRACTOR TRAILER ACCIDENT
Tractor trailers are large vehicles with a high potential for causing damage to other vehicles and their drivers. If you or a loved one was injured in a truck accident, you could be entitled to receive full compensation with Benson & Bingham.
Why We’re Henderson’s Most Trusted Truck Accident Lawyers
With four convenient office locations in Henderson and the rest of Nevada, Benson & Bingham is the #1 choice for clients facing personal injury for any reason. Our team is dedicated to making every client feel heard and prioritized, and we will neve pressure you to make a decision you are not ready to make! Our goal is not to take advantage of you, but to guide you in the right direction.
Visit Our Local Law Office In Henderson
Las Vegas, NV 89123
Schedule a free consultation with our legal team today to learn about the options available to you. We help you navigate through every step of the claims process, and handle every aspect of negotiation and representation so you can focus on recovering your health.
Types Of Damages In Truck Accident Claims
How Much Compensation Will I Receive?
Most personal injury victims are entitled to some compensation, but the actual amount you could receive depends on the type and extent of injury, which driver was at fault, and non-economic damages. Working closely with a qualified personal injury lawyer near you in Henderson is the best way to ensure all factors are considered. Under Nevada law, you may be entitled to recover the following types of damages for your truck accident:
Economic Damages
- Medical expenses: Medical expenses include those associated with your initial care and treatment, including emergency or urgent care, ambulance transport to a treatment facility, diagnostic tests, and all professionals who treated you during your hospital stay. Many people also incur ongoing medical expenses if their injuries are severe enough. Such costs might include physical, occupational, or speech therapy, mobility devices like wheelchairs or walkers, the cost of inpatient or outpatient rehabilitative care, mental health treatment, and medication.
- Lost wages: If you’ve had to miss work due to your initial treatment, to attend therapy or rehab, or to see specialists, you can seek those damages from the other party. Be sure you keep track of every hour of work you miss, along with any potential tips, commissions, bonuses, or retirement savings you lose to deal with your injuries.
- Loss of future wages: If your injuries were severe enough you might not ever be able to work again. Or you might be able to work, but not at the same professional level you did before your accident, forcing you to take a lower paying job or reduce your hours. Though it’s not a simple math formula, an actuary can help calculate the value of your lost future wages by considering your current age the amount you were earning before the accident, your life expectancy, the amount of wages you are currently able to earn, and the future value of both your current and previous earnings.
- Property damage: You can seek compensation for the cost of damages to any property involved in the accident. This includes both your vehicle and those items in the vehicle.
- Replacement Services: Replacement services costs are those you incur when you have to hire someone to do jobs for you that you could previously do yourself, such as care for your children, grocery shop, mow the lawn, or perform household maintenance.
Non-Economic Damages
- Pain and suffering: These damages seek to compensate you for your pain physical and suffering.
- Emotional distress: In addition to physical pain, many truck accident survivors experience a great deal of emotional distress. You may now suffer from post-traumatic stress disorder, experience fear when riding in or driving a vehicle, have nightmares, or feel extreme mood swings.
- Loss of use: These damages are intended to compensate you for the things you are no longer able to do due to the loss of limbs, digits, eyesight, or other losses.
- Loss of consortium: Your spouse may bring a claim (it must be in the same lawsuit as the injured person’s claims) for the loss of affection, comfort, sexual relations, the ability to bear children, and companionship they suffered as a result of your injuries.
Punitive Damages
Punitive damages may be available to you and are not intended so much to compensate you, but to punish the other party and serve as a warning to others. Whether or not you will qualify to claim punitive damages turns heavily on the facts of your case. A good truck accident attorney can help you determine if you are entitled to claim these damages.
Types Of Damages In Wrongful Death Claims
If your loved one was fatally injured in a truck accident, you may be able to file a wrongful death suit against the truck driver (or his employer or both). The survivor of a deceased person may recover damages in a wrongful death suit is a suit against a party when that party has engaged in intentional, reckless, or negligent conduct that caused the death of another. The statute of limitations in Nevada is the same for a wrongful death suit as it is for a personal injury suit—two years.
A wrongful death action in Nevada can be brought by:
- The surviving spouse, domestic partner, or children of the deceased
- The parents of the deceased if there is no spouse, partner, or children
- The personal representative of the deceased
The damages recoverable by a family member for the death of a loved one are of course going to be different than if the injured person had survived. Damages for wrongful death fall into two categories – special damages and penalty damages. Depending on the facts surrounding the death of your loved one, you may be able to recover the following damages:
- Special damages: These damages include all expenses the deceased incurred from the moment of the accident until death (medical expenses, etc.), as well as damages for his or her pain and suffering or disfigurement. In addition, you may be able to recover for damages specific to your losses. These may include loss of probable support, companionship, society, comfort, and consortium.
- Penalty damages: A family member may recover the same amount of penalty (punitive) damages the deceased person would have had they lived.
Were You Involved In A Truck Accident? Contact Our Lawyers For A Free Consultation
Sometimes drivers avoid seeking legal guidance because they were partially at fault in the accident and feel guilty. What many drivers do not realize is that even though they were partially at fault, they can still receive compensation under the comparative negligence law. It is always best to consult with a Henderson truck accident lawyer to see if you could be eligible for a settlement.
Common Causes Of Truck Accidents In Nevada
In 2017, truck accidents accounted for over 200 deaths in the state of Nevada alone. If you were involved in a truck accident, Benson & Bingham makes it easy to consult with a lawyer and determine how to move forward. Truck accidents occur for many reasons, including:
Distracted Driving
Truckers put in long hours on the road and are often fatigued as a result. They may be distracted by weather, fatigue, their radio or phone, other drivers, or traffic signs. Distracted driving accounts for some of the highest numbers of rear endings and other collisions in the state of Nevada.
Improperly Loaded Or Overloaded Trucks
Trucks often carry heavy loads, which means the potential for overloading or poorly loaded materials. Any of these scenarios make the truck improperly balanced, which means the materials can either slide off and crush another vehicle, or cause the truck to rollover on sharp curves.
Alcohol Or Drug Impairment
Truck drivers may get in an accident if they are personally impaired by drugs or alcohol. Or, another driver may be impaired and driving dangerously, creating a situation where the truck cannot stop in time or avoid their swerving vehicle. Nevada is a Zero Tolerance state when it comes to DUI situations.
Speeding & Reckless Driving
Drivers who make the choice to operate their vehicle recklessly or negligently are a great danger on the road, both to themselves and to other drivers around them. Trucks are not built to stop suddenly or swerve out of the way of a reckless driver, so they may inadvertently get into an accident.
Poor Truck Maintenance & Repairs
It is important to keep vehicles properly maintained and to keep tabs on defective parts that have been recalled. If a part is defective through faulty manufacturing or a truck has not been consistently maintained by its business, the driver can experience loss of control and vehicle malfunction, causing a collision.
Driver Is Fatigued & Falling Asleep
Because truckers put in long hours on the road with intense focus to ensure they are driving safely, they can experience great fatigue and mental exhaustion. Whether they inadvertently fall asleep at the wheel, or simply lose their focus on a busy highway, they can cause extensive damage and injury.
Commercial Trucking Is A Highly Regulated Industry In Nevada
In 2016, nearly 12.5 million commercial trucks and buses were registered across the United States, with truckers making up approximately one-third of Nevada’s vehicle population on the highways. Commercial trucks are highly regulated by the Nevada Department of Transportation, which means there are a variety of requirements they must meet in order to be allowed on the road.
In order for an individual to become a licensed truck driver, they must first have a valid driver’s license. They are required to obtain a CLP and commercial driver’s license, along with passing a basic knowledge test and presenting a Medical Examination Card to make sure they are physically up to the demands. After having a permit for two weeks, they must then take the road skills test to obtain their CDL. Drivers who hold a CDL must update their licensing yearly through a physical examination.
Once a driver has obtained their CDL and is able to drive commercial semi-trucks and tractor trailers, they must be sure to follow the size and time restrictions on specific roadways. They will be required to obtain permits for unusual loads such as extra length, overweight, and single-trip permits. They can also obtain reports about inclement weather, permits, and road conditions right from the NDOT.
Commercial trucking companies are required to carry auto liability, auto physical damage, cargo, and general liability insurances to protect their drivers and business if they are involved in a collision. It is vital for these companies and drivers to know the regulations for the trucking industry, so they can protect themselves and others.
Common Truck Accident Locations Close To Our Accident Law Offices
Interstate 15
As a principal transportation corridor connecting Henderson to various cities, I-15 experiences significant truck traffic. Consequently, it is a common location for truck accidents near our Henderson accident law offices. The heavy flow of commercial vehicles, combined with high-speed limits and frequent construction zones, makes I-15 particularly prone to collisions involving trucks, resulting in serious injuries and property damage. Our legal team is well-versed in handling cases arising from truck accidents on this crucial interstate highway.
Russell Road
Russell Road is the main road leading to the airport in Henderson, which means it sees thousands of vehicles daily. The constant traffic and often fatigued drivers from early mornings or long days of air travel have the high potential for traffic accidents.
Interstate 11
Spanning approximately 22 miles from its northern terminus near Henderson, Nevada, to the Arizona border, I-11 is an important route for commercial trucking. As a result, it is a common location for truck accidents close to our Henderson accident law offices. The growing volume of truck traffic, coupled with the potential for unfamiliarity with the new infrastructure, contributes to the risk of collisions involving trucks, leading to severe injuries and property damage.
U.S. Route 95
Route 95 is a major US highway traversing from the north side of Nevada to the south, directly through Henderson. It is a vital backbone for the state and tourists traveling through, and with its high speeds it is a common site for vehicle collisions and truck accidents.
U.S. Route 93
Route 93 is the other major highway traversing through Nevada. It is known as the Great basin Highway and connects the Henderson area and parts of Arizona to the great American Northwest. With its speed limit of 70 mph and daily vehicle traffic, it is home to many accidents.
Interstate 215 (Bruce Woodbury)
Beltway is a common truck accident location close to our accident law offices in Henderson. The beltway encircles the Las Vegas Valley and serves as a critical artery for commercial trucking. The high volume of truck traffic and merging lanes increase the likelihood of collisions with other vehicles. Our experienced attorneys understand how to handle claims resulting from truck collisions on the beltway and can help you seek the compensation you deserve.
FAQs About Truck Collision Injury Claims
What Are The Most Common Truck Inspections Required By Federal Law?
The basic Level 1 inspection is the most common and also most thorough inspection required by the DOT. During a Level 1 Inspection, the DOT inspector investigates important documents including the vehicle operator’s CDL, the medical certificate confirming the driver passed their DOT exam, and a record to show the last 8 on-duty days. The inspector also checks for any sign of drug or alcohol abuse. Lastly, the inspector will perform a thorough assessment of the vehicle’s seat belt, exhaust system, turn signals, fuel system, and more.
What Are The Nevada State Laws Pertaining To Commercial Trucks?
Nevada law carries a variety of regulations and requirements for commercial truckers. The most important laws to know are that trucks must not be greater than 14 feet tall, 8.5 feet wide, and 70 feet long. Depending on the number of axles the truck has, they must comply with the required weight limit. Commercial equipment and trucks cannot be parked or kept in residential areas. Drivers of commercial vehicles must have a current, valid CDL and pass the annual DOT exam.
How Much Is My Truck Accident Claim Worth?
The amount of a truck settlement claim is dependent on several different factors that play into each unique situation. The business that owns the vehicle usually has sufficient funds and insurance to pay out a six, seven, or eight figure settlement. There is no way to know for sure what to expect with your claim until your attorney has examined your past and future medical bills, your lost time and wages from work, pain and suffering, and property damage.
Who Can I Sue For My Truck Accident Injuries? Can I Sue The Driver Or Trucking Company?
In some truck accidents, it can be difficult to know who should be held responsible for your injuries. While the trucking company typically assumes responsibility for their drivers, the driver can still be held responsible, particularly if they were under the influence or chose to drive recklessly. Depending on the case, you may be able to sue both! Consult with your attorney to discuss the details and determine who you will be able to file the claim against for compensation.
How Long Do I Have To File A Lawsuit After A Truck Accident?
Nevada law has determined the statute of limitations for a variety of claims. Truck accident injuries fall under the category of personal injury claims. The statute of limitations for filing a personal injury claim is 2 years or less of the date the injury was received. This includes wrongful death claims as well. Once a claim is filed, insurance companies in Nevada are legally required to acknowledge the claim within a certain number of days, and must settle the claim within 80 working days.
What Happens If I Have To Go To Court For My Truck Accident?
Most personal injury claims and car accident claims in Nevada settle without ever needing to go to court. If the claim has enough compelling evidence presented by the attorney, the insurance claims adjuster will accept the claim and negotiate a reasonable settlement amount with your lawyer. Only about 5% of compensation claims actually make it to a courtroom, and those are typically very complex cases where it is difficult to determine who is at fault. If your case goes to court, the judge will make a final ruling and determine the compensation amount.
Should I Work With An Insurance Company After Having A Truck Accident?
Many times, the defendant’s insurance company reaches out to the injured party to contact them directly and make a settlement offer. It is important to remember that if you accept the offer, the claim is closed and considered resolved. Lawyers recommend never taking a settlement offer directly from the insurance company. Instead, refer the agent to your attorney, and let them handle the negotiation process. Chances are likely that your lawyer will be able to get a much higher settlement offer for you.
Do I Need A Personal Injury Lawyer To File A Claim For Compensation After A Truck Accident?
No. You are legally allowed to file a personal injury claim independently of a lawyer. However, if your claim is even accepted, it is very likely that you will receive the lowest possible settlement amount that does not even begin to cover your medical bills and lost wages. Working with an attorney gives you the very best chance at receiving maximum compensation. Personal injury lawyers typically only receive about one-third of your total settlement amount as their fee, and you do not have to pay anything until your claim has been fully closed.
How Do I Recover Damages After Truck Accident In Henderson?
Working directly with a competent personal injury attorney will be your best chance at recovering the damages owed to you after being in a truck accident. Even if you were partially at fault for the incident, you can still be eligible to be paid a settlement, if you were found to be less than 50% at fault. Attempting to file a claim independently of a law firm is a surefire way to get the very minimum amount, or nothing at all. Schedule a free consult with a lawyer to discuss how to move forward with the claims process.
Should I File A Police Report For A Minor Truck Accident?
Absolutely. It is always in your best interest to contact local law enforcement and notify them of the truck accident. Even a minor fender bender needs to be on record, to cover your back if the other driver attempts to come back within the next two years and file a personal injury suit against you. Sometimes people avoid contacting law enforcement in fear of repercussion, but it is always better to report an accident.
What Should I Look For In A Henderson Truck Accident Attorney?
The most important thing to look for in an attorney is someone who knows the law and how to apply strategically to your situation for your best interest. It is also vital to choose a lawyer who is honest and thorough, offering the whole picture of information instead of just enough to pressure you into making a quick decision. Don’t be afraid to ask about their track record of successful cases. You want to know that your investment will be worth it!
How Should I Deal With Insurance Companies?
After a vehicle collision, insurance companies immediately become involved as they try to close the claim as quickly as possible. Oftentimes, an insurance agent will reach out to the injured party and attempt to gain information from them about the details of the case, and may even give a settlement offer. It is in your best interest to be as brief as possible with the insurance agent. While you do need to report the vehicle accident to your insurance company, that is all you are required to do. The rest of the process can be handled by your attorney.
Why Do Truck Accidents Frequently Cause More Serious Injuries Than Auto Accidents?
Trucks are quite large and heavy, lacking the ability to stop quickly or to swerve out of the way of a vehicle. Their loads are big and sometimes hazardous, which can cause extensive injury or death if the truck rolls over or loses its load. If a truck is being tailed, they are often unaware of it because of their many blind spots, and may change lines without realizing that a car behind them did so as well. Trucks swing wide for right turns, and can easily sideswipe another vehicle that is not paying attention.
Read Our Personal Injury Blog & Learn More About Truck Accidents
Contact a Henderson Truck Accident Attorney at Benson & Bingham Accident Injury Lawyers, LLC
Truck accidents can cause severe injuries that affect you for the rest of your life. You need an attorney on your side who will fight to ensure that you receive every dollar of compensation you are entitled to. At Benson & Bingham Accident Injury Lawyers, LLC, we’ve helped our clients recover over $500 million in damages in their personal injury cases. Of course, we cannot guarantee a specific result in your case, but we can guarantee that we will provide expert legal representation and bring our compassion and the weight of our extensive experience to your case. Contact us online or by phone at 702-463-2900 today for your free consultation and case evaluation.