While all traffic accidents can be traumatic and overwhelming, whether or not the parties involved suffer severe and disabling injuries, there is a distinct difference between accidents involving trucks and those involving passenger vehicles. This is particularly true when it comes to the claims involved, as commercial truck accident claims are more complicated than those involving passenger vehicles. For this reason, it is critical to hire an experienced Las Vegas personal injury attorney if you are injured in a car or truck accident in Nevada.
Cars versus Trucks
There are several different types of trucking accidents that may result from different causes. Common truck accidents include rear-end collisions, t-bone or side-impact collisions, head-on collisions, rollover accidents, and no-zone accidents. Below are some points illustrating how Nevada truck accident and car accident cases differ.
Determining cause: When a car accident happens, it is generally easier to determine fault. This is because most accidents are caused by human error. In truck accidents, however, the cause of the accident may be less clear. It is not uncommon for equipment failure to play a role in a truck accident, even if the driver is also at fault. Failure to maintain the truck’s equipment in good working order or even defective truck parts can result in multiple defendants in a trucking accident case;
Substantial damages: While a car accident victim may seek economic and non-economic damages associated with physical and financial injuries suffered, a truck accident often causes more catastrophic harm. Damages may include monetary compensation for ongoing medical care, nursing home expenses, disfigurement, loss of earnings and earning capacity, rehabilitation, and pain and suffering, which often causes the insurance company to fight back harder;
Special licensure: Unlike regular drivers, commercial truck drivers are governed by Nevada state and federal trucking regulations. Commercial truck drivers are required to undergo specialized training and education and obtain a special driver’s license known as a CDL. If a truck driver who causes an accident does not have the proper credentials and qualifications, the trucking company could be found liable for negligence.
Of note, the Federal Motor Carrier Safety Regulation Act (FMCSR) mandates several specific safety measures that must happen for a truck driver to be legally operating his or her vehicle. This includes truck driver background checks, regulation of hours driven by truck drivers, periodic evaluation of existing truck employees, testing for drugs and alcohol, and other strict standards. Violation of any of these requirements can help establish liability on the part of the truck driver, his or her employer, or both.
Hiring a Nevada Attorney
As can be seen above, there are several complicated issues concerning truck accidents that may not arise in a typical car accident case. For this reason, it is critical to hire a skilled personal injury attorney who is familiar with how truck accidents are handled. A truck driver and his or her trucking company has the backing of a team of attorneys as well as insurance companies. The attorneys at Parry & Pfau have years of experience representing the injured across the state of Nevada. Contact us today to schedule your initial case evaluation.
(image courtesy of Charles Deluvio)