All vehicle accidents are different in their nature and elements. Some are mild, while the others are severe. Some accidents will result in minimal damage, but others cause severe damage. Truck accidents are significantly different from car accidents. Trucks are bigger than ordinary cars and are likely to cause severe damage in case of an accident. Truck operations are also governed by law, such that drivers and trucking companies have to adhere to set rules to operate within the state safely. Thus, truck accidents are not treated the same as car accidents in personal injury cases.
This article will highlight significant differences between truck accident lawsuits and vehicle accident lawsuits in Las Vegas. Partner with a competent personal injury attorney for more information and guidance with filing a successful personal injury claim.
Difference Between Truck Accidents Lawsuits and Car Accident Lawsuits
Truck and car accidents are accidents that will likely result in severe damage. They are both quite common in Nevada. Nevada laws provide a detailed guideline on how the affected can seek compensation if the cause of the accident in which they are injured is negligence by another party. Thus, you could recover damages if you are involved in a car or truck accident. However, several differences exist in how these accidents occur and the resulting injuries.
The significant difference between truck accidents and car accidents lies in the size of the vehicles involved. Cars are smaller; thus, they are easy to operate and manage on the road. On the other hand, trucks are larger, thus, challenging to control. Trucks cannot make an abrupt stop or turn when a need arises due to their size. They are more likely to cause an accident than cars. Damages from truck accidents are also more devastating. That explains the differences between car accident lawsuits and truck accident lawsuits.
Truck accidents are not your standard vehicle accidents. They involve large vehicles that are likely to result in more severe injuries and property damages than smaller vehicles. Here are some critical differences in the lawsuits involving these two accident types. Remember that finding a competent personal injury attorney is paramount in obtaining a fair outcome for your case. An experienced personal injury attorney will walk you through the process until you recover total compensation for your damages.
Damages in Truck Accidents Are More Severe
As previously mentioned, vehicle accidents vary significantly in severity. Some car accidents are minor, while the others are severe. Minor accidents do not leave a trail of destruction behind, unlike severe accidents. Truck accidents are usually severe due to their large size. More force is involved when a truck is in an accident. More vehicles, people, and property could result in even more damage.
Damages are an integral part of Nevada personal injury cases. Your claim must include a list and proof of damages incurred. When filing a compensation claim after a truck accident, you must avoid leaving out some damages incurred. That is why it is advisable to involve the help of a competent attorney.
Damages incurred in truck accidents could be economical, non-economic, and punitive. Economic damages are all financial losses you have incurred due to the accident. They could include the cost of medical services, lost earning capacity, lost income, and property damage. Physical injuries could be more severe in an accident like this. Most truck accidents result in catastrophic injuries, which are more expensive to treat. Some catastrophic injuries are permanent, leaving the injured with a need for permanent care.
Thus, you will need enough documentation as proof of treatment and a need for continued treatment. Property damage is also more likely to be severe in truck accidents. Large vehicles are likely to crash on many other cars and property, resulting in a more significant loss.
Non-monetary damages are also likely to be more in truck accidents. Remember that the accident could involve more than one person. Thus, more families could experience pain and suffering after the loss or injury of their loved ones. Emotional and mental anguish could also be more due to the nature of damages incurred by the accident victims.
The jury will award punitive damages based on the accident's severity.
Documenting all damages in a truck accident is a complex process. It requires legal expertise and sometimes the help of an accident expert. Thus, it could take time and resources to compile a complete list of all damages incurred in an accident.
Truck Accidents Involve More Insurance Coverage
Typically, more insurance coverage is available for truck accidents than ordinary car accidents. That should cover the more damages involved in truck accidents. Trucking companies, by law, carry large insurance policies to protect them from individual liability in case of accidents. The law requires trucking companies to adhere to strict insurance requirements to ensure that everyone injured after an accident receives the compensation they deserve.
A competent personal injury attorney will deal directly with the insurance company to claim the compensation you deserve. Sometimes out-of-court settlements are ideal for cases like these. But if your attorney feels that you could receive more compensation through a lawsuit, they will file a claim in a civil court against the insurer.
More likely than not, the insurance company will be unwilling to pay out total compensation to the injured. The adjuster could play tricks on accident victims like you to pay less or even deny you the compensation you deserve. You are better off having your lawyer handle the matter with the insurance company. That will protect you from doing or saying anything that could compromise your chances of recovering total compensation.
Determining Fault Could Be a Challenge in Truck Accidents
Determining fault in car accidents is pretty straightforward. The main issue is in determining the cause of the accident. When two cars are involved in an accident, the at-fault party could be one of the two drivers. Once you establish fault, you can quickly submit a compensation claim in a civil court to start the lawsuit.
Things are a bit complex when a truck is involved. Several factors cause truck accidents, not necessarily a driver's negligence. More parties are involved in truck accidents, and each of them has to be considered a potentially responsible party before you can settle on the actual one.
Sometimes more than one party is involved in a truck accident. In that case, the involved party will be held responsible for their percentage of fault. Most truck accidents in Las Vegas are caused by the trucking company's negligence, truck driver, vehicle manufacturer, the party responsible for the vehicle maintenance, cargo loader or shipper, or the cargo manufacturer.
Thus, a thorough investigation is necessary to determine the cause of the accident and the responsible party/parties. Investigations are conducted by legal experts, vehicle design experts, and accident reconstruction experts. Experts must also consider other external factors, such as the nature of the roads and weather conditions to determine the cause of the accident. It could also take time to review driver's logs, records by the trucking company, and vehicle manufacturer's records to compile evidence that could help support your claim in court.
Hiring a competent personal injury attorney from the start of the process is advisable. The complex process of determining fault could require more time, which could eat quickly into the two-year period you are given under the statutes of limitations. Your attorney will have your best interest in mind and could speed the process to ensure that you have the required evidence before you run out of time to file your claim in court.
Truck Operations are Highly Regulated than Car Operations
Motorists in Las Vegas only have traffic rules to worry about while on the road. It makes solving a car accident easier for the police, legal, and accident experts. Truck accidents are more complex because drivers and trucking companies have federal regulations and safety standards. For instance, truck drivers must operate within regulated hours. They must take an adequate break before working for several hours again. Trucking companies and truck drivers must also keep logs showing when they start working, how long they work before taking a break, how long the break is, and when they resume work after the break.
All these regulations are considered when a truck is involved in an accident. Accident experts determine the law the driver or the trucking company did not abide by when establishing fault. For instance, if the driver was recently hired and had no prior experience, the trucking company could be held responsible for the accident since the law requires all truck drivers to have extensive experience before operating a truck.
Most of these regulations fall on the trucking company, including ensuring that their vehicles are adequately maintained before being allowed to operate. Trucks must also not exceed their carrying capacity. Trucking companies must not force a driver to work beyond the hours required.
Unraveling all these regulations and preparing proof of the broken rules makes truck accident lawsuits more complex than car accidents. You will need the help of an experienced truck accident lawyer to determine the cause of the accident and the responsible party.
Truck Accident Lawsuit Requires the Expertise of a Competent Lawyer
If you are involved in a minor car crash, it could be easier to settle the matter out of court with the responsible party. That will save your time and money. However, you will need proper legal help if you are involved in a more severe accident. It is impossible to navigate the legal process after a truck accident without the experience of a skilled personal injury attorney.
Truck accident lawsuits require more information that you could not obtain independently. You will need the help of an accident expert to determine the cause of the accident. An experienced lawyer will have worked with an accident expert in the past and will know the person to call for the job. Additionally, you will not know the kind of information to look for when determining liability and how a particular party was negligent in causing the accident. An experienced lawyer hands handled similar cases in the past to see the kind of information to look for and where to obtain that information.
You need proper legal help to develop a winning lawsuit against the responsible party. Your experienced lawyer will build your case complete with the evidence necessary to prove that a particular party/parties were accountable for your injuries. They will also fight for you in court to ensure you receive the compensation you deserve.
Dealing directly with an insurance company has its challenges. Insurance providers are in the business of making money and will look for ways to avoid paying total compensation or any compensation at all. Thus, through its adjuster, the insurance company will fight your case or offer less compensation even when you deserve more. An experienced lawyer knows how best to handle insurance adjusters without compromising your case. They will fight on your behalf and reject an offer if it doesn't come close to what you truly deserve.
Your lawyer will also start working on your case soon after the accident, even when you are not physically able to do anything due to your injuries. They will begin gathering fresh evidence from the accident scene, interview eyewitnesses, and build your case as you concentrate on your recovery.
Find a Competent Las Vegas Personal Injury Attorney Near Me
If you have been in a truck accident and seek compensation for your damages, it helps to know that your lawsuit will differ from a car accident lawsuit. Working closely with a competent personal injury attorney will make the process smooth and improve your chances of obtaining the compensation you deserve. Contact Las Vegas Personal Injury Attorney Law Firm at 702-996-1224 for more information and help with filing a truck accident lawsuit in Las Vegas, NV. Our legal experts will be more than willing to advise and assist you until you obtain a fair outcome for your situation.
