Truck accidents are a major risk on the roads of Henderson and across the country. According to the National Safety Council (NSC), 5,936 people died in large truck accidents in 2022. While all automobile accidents carry the risk of serious or fatal injuries, crashes involving commercial trucks are particularly deadly due to their massive size and weight.
Victims of large truck accidents often suffer severe injuries, substantial property damage, and lasting emotional trauma. Many truck accidents only occur due to negligence by the trucker, their employer, or another third party. In cases involving negligence, the victims may seek damages for their injuries by filing a personal injury claim against the negligent party or parties.
At the Cottle Firm, our dedicated Henderson truck accident lawyers help truck accident victims seek the financial compensation they deserve for medical expenses, lost wages, pain and suffering, and other damages related to their injuries. If you or a loved one has recently been injured in an accident with a commercial truck, we are prepared to help you exercise your legal rights and seek justice. Call the Cottle Firm today at 702-722-6111 to discuss your truck accident claim in a free consultation.
Common Types of Truck Accidents in Henderson
There are several common types of commercial truck accidents in Henderson, each of which can potentially cause devastating property damage and injuries to others involved in the crash.
Rear-End Collisions
Rear-end collisions occur when one vehicle collides with the rear of another. Due to the substantial size and mass of commercial trucks, these accidents often result in severe injuries and property damage. The impact force from a truck can cause serious injuries like whiplash, spinal injuries, and head injuries.
The severity of the injuries can vary depending on factors like the truck’s speed at the time of the collision and the position of the other vehicle. Those who suffer injuries in truck rear-end collisions often struggle with significant medical expenses and extensive vehicle repairs or replacements. More severe injuries typically require long-term treatment and rehabilitation.
Head-On Collisions
Head-on collisions involving trucks are among the most catastrophic types of motor vehicle accidents. According to the Department of Transportation (DOT), head-on collisions are the most harmful event in 14% of all U.S. traffic fatalities. These occur when the front end of a truck crashes directly into the front end of another vehicle. The impact forces can be extreme, especially when one or both vehicles are moving at a high speed.
These collisions are often caused by truck driver fatigue, impaired driving, or losing control of the vehicle due to inclement weather or mechanical failures. Many head-on collisions occur on highways or rural roads where lanes are separated by only a narrow median or barrier. A truck driver’s inattention, distraction, or drowsiness can easily lead to the vehicle crossing the center line and colliding with oncoming traffic.
Sideswipes
A sideswipe accident occurs when the side of a truck makes contact with the side of another vehicle traveling in the same or opposite direction. These accidents can range from minor incidents with little damage to severe crashes that result in vehicles being forced off the road or into other traffic lanes. Even a slight impact can cause smaller vehicles to lose control and may lead to rollovers, collisions with other vehicles, or striking roadside objects.
Sideswipes often happen when a truck driver attempts to change lanes without adequately checking blind spots or properly signaling. Other contributing factors may include distracted driving, speeding, and reckless driving behaviors. For example, a truck driver who is not paying attention or is overly aggressive may not notice a smaller vehicle in the adjacent lane, resulting in a collision.
Jackknife Accidents
A jackknife accident is when a truck’s trailer swings out and forms a sharp angle with the cab, often resulting in multi-vehicle collisions. These accidents are especially hazardous because they can block multiple lanes of traffic and cause a chain reaction of crashes. The sudden shift in the trailer’s angle can lead to severe injuries and property damage.
The danger is exacerbated if the trailer is carrying hazardous materials, which can result in explosions or toxic spills. These accidents often result in complicated legal cases due to the multiple parties involved and the potential for severe, widespread damage.
Rollover Accidents
Rollover accidents occur when a truck tips over. These often happen due to sharp turns, uneven road surfaces, or excessive speeds. The height and weight of a truck make rollovers particularly dangerous. The truck’s cargo can spill onto the road and create additional hazards for other drivers.
The aftermath of a rollover accident often involves a complicated clean-up process and a thorough investigation to determine the cause. The injuries sustained in rollover accidents can be severe, including fractures, internal injuries, head trauma, or even death.
Steps to Take After a Truck Accident
If you are involved in a truck accident, it’s important to take the right actions in the aftermath for both your health and your legal case.
Seek Medical Attention
You should seek medical attention immediately after a truck accident, even if you think you feel fine. Some injuries may not be immediately apparent, and a medical professional can identify and document any potential issues. Prompt medical attention helps prevent complications and establishes a record of your injuries, which is important for a personal injury claim. Early treatment can provide evidence of the link between your accident and injuries.
Report the Accident
Reporting the accident to the police is important for documentation and legal purposes. A police report provides an official account of the accident and helps establish the details, such as the parties involved and the circumstances of the crash. This report can be a key piece of evidence in proving liability and supporting your claim. Be sure to obtain a copy of the report and keep it for your records, as it may be required during the claims process.
Gather Evidence
You will need to provide evidence if you file a personal injury claim. Start by taking photos of the accident scene, including vehicle damage, road conditions, and any visible injuries. Additionally, gather contact information and statements from any witnesses to the accident. Witnesses can provide testimony and corroborate your version of events. Keep organized records of all evidence, including medical records and repair estimates.
Contact a Truck Accident Lawyer
Contacting a truck accident lawyer as soon as possible is highly recommended. A lawyer can help preserve evidence, manage communications with insurance companies, and guide you through the complexities of the personal injury claims process. They can provide guidance on how to proceed and protect your rights. They will help you understand the next steps, including how to file a claim, what to expect throughout the legal process, and how to prepare for potential negotiations or court proceedings.
Who Can Be Held Liable for a Truck Accident?
Determining liability in a truck accident is often more complex than in accidents involving only passenger vehicles. Several parties may share responsibility depending on the circumstances surrounding the crash. It’s important to identify all potentially liable parties to ensure that victims receive full and fair compensation for their injuries and losses.
Truck Drivers
Truck drivers can be held liable if their negligence or recklessness caused the accident. Common examples of driver negligence include speeding, distracted driving, driving under the influence, and violating traffic laws. Drivers may also be held liable if they fail to adhere to federal regulations, such as those concerning hours of service, which are designed to prevent fatigue-related accidents. If the driver was texting, fatigued, or impaired at the time of the accident, they could be directly liable for any resulting damages.
Trucking Companies
The trucking company that employs the driver can potentially be held liable under the principle of “vicarious liability”, which holds employers responsible for the actions of their employees while on the job.
Additionally, trucking companies may be directly liable if they fail to follow proper hiring practices, such as conducting background checks or ensuring that drivers have the necessary qualifications and training. These companies can also be held liable for encouraging unsafe practices, such as pushing drivers to exceed legally mandated hours or neglecting to maintain their vehicles properly.
If a trucking company knowingly allowed an unqualified or unlicensed driver to operate a vehicle, or if it failed to enforce regulations that promote safety, the company could be held liable for any accidents that occur. Trucking companies are also required to maintain their fleets in good working condition and any failure to do so can make them liable for accidents caused by mechanical failures.
Manufacturers
Defective trucks or truck parts can cause accidents. For instance, if a truck’s brakes fail due to a design flaw, the manufacturer of the truck or the brakes could be held liable under product liability laws. Manufacturers are legally obligated to ensure that their products are safe. If a defect in the truck’s design, manufacturing, or assembly process leads to an accident, the manufacturer could be held liable for damages.
Cargo Loaders and Shippers
If cargo is not properly balanced or secured, it can shift during transport and cause the truck to become unstable or tip over. In these situations, the company responsible for loading the cargo may be held liable for the accident. This is especially relevant when hazardous materials are involved, as improper handling can increase the risk of severe injuries or fatalities. Shipping companies can also be held liable for failure to follow safety guidelines or ignoring weight restrictions.
Maintenance Companies
Trucking companies often outsource maintenance and repairs to third-party service providers. If a maintenance company fails to perform adequate inspections, ignores necessary repairs, or uses substandard parts, they could be held liable for any accidents resulting from their negligence. For example, if a truck’s brakes were not properly serviced or its tires were not replaced when needed, the maintenance company might share liability for a subsequent accident.
What Is the Legal Process for Truck Accident Claims?
If you wish to seek financial compensation through a personal injury claim, it’s important to understand the legal process.
Filing a Claim
The legal process typically begins with filing a claim with the insurance company of the truck driver, trucking company, or another party believed to be responsible for the accident. The initial claim must include a comprehensive account of the accident, including documentation of all damages incurred. This includes medical bills, repair costs, and records of any lost wages due to injury. An effective claim should detail the extent of both economic and non-economic damages, such as pain and suffering or emotional distress.
Once the claim is filed, the insurance company will start its own investigation. This often involves an adjuster who will evaluate the circumstances of the accident, the severity of the injuries, and the validity of the claim. Insurance companies often attempt to minimize payouts or shift blame, making it crucial to have an experienced truck accident lawyer advocating for your interests.
Settlement Negotiations
Following the initial filing, the insurance company may offer a settlement. This initial offer is often lower than what the victim is entitled to, as insurance companies aim to reduce their liability and settle quickly. An experienced lawyer can use their negotiation skills to counter lowball offers and push for a settlement that fairly compensates for all damages.
During negotiations, the lawyer will present evidence to strengthen the claim. This phase may involve several rounds of discussions, offers, and counteroffers. Patience and persistence are key, as reaching a fair settlement can take time. If an agreement cannot be reached during negotiations, the case may proceed to litigation.
Court Proceedings
Reaching a settlement is the goal, but if negotiations fail, the next step is to take the case to court. This process begins with filing a lawsuit against the responsible parties. Your lawyer will then begin the pre-trial phase, which involves discovery, depositions, and requests for documents. Your lawyer may also gather additional evidence to build a strong case.
Court proceedings can be lengthy and complex, which is why it’s important to have a skilled lawyer on your side. In the courtroom, your lawyer will present arguments, question witnesses, and submit evidence to provide liability and the extent of your damages. The goal is to convince the judge or jury that you are entitled to the compensation being sought.
Discuss Your Case With a Henderson Truck Accident Lawyer
Truck accidents can have devastating consequences, including serious injuries, emotional trauma, and significant financial burdens. However, with the right legal representation, you can seek compensation from the negligent parties responsible for your accident and injuries. Contact the experienced Henderson truck accident lawyers of the Cottle Firm today at 702-722-6111 to discuss your case, understand your options, and take the first steps toward justice and recovery.