Collisions involving commercial trucks can be devastating and legally complex. At Maier Gutierrez & Associates, we have the resources and experience to take on trucking companies and their insurers. If you’ve been seriously injured in a truck accident, it’s critical to act quickly and preserve vital evidence. Our truck accident lawyers work diligently to hold negligent drivers and companies accountable. We offer personalized legal guidance to help you recover medical expenses, lost income, and other damages. For a free consultation, call 775-406-8981 and speak with a truck accident lawyer who understands what’s at stake.
How Truck Accident Claims Differ from Car Accident Claims
At first glance, a collision involving a semi-truck might seem like just a larger version of a car accident. But legally and logistically, truck accident claims are very different. These cases involve more damage, more parties, more regulations, and often much higher financial stakes.
For individuals injured in a truck accident on Nevada’s roads, whether on busy interstates or remote stretches, it’s important to understand these differences. Knowing what sets truck accident claims apart can help you make informed decisions and protect your right to fair compensation.
The Size and Force of Trucks Create Greater Damage
A fully loaded commercial truck can weigh up to 80,000 pounds. That’s more than 20 times the weight of a typical passenger car. Because of this difference, when a truck hits a smaller vehicle, the result is often devastating. The impact can crush the car, cause rollovers, or lead to multi-vehicle pileups.
Injuries in truck accidents are usually more severe. Victims may suffer from spinal cord damage, traumatic brain injuries, internal injuries, or amputations. Recovery may take months or years, and some individuals never fully heal.
The higher level of damage also means these claims involve more money. Medical costs, lost wages, future care needs, and pain and suffering are often much greater in truck accidents than in standard car crashes.
There May Be Multiple Liable Parties
In a typical car accident, one driver is usually at fault. But truck accidents can involve several responsible parties. This is one of the biggest differences in handling a truck-related claim.
Depending on the facts of the crash, liability might fall on:
- The truck driver
- The trucking company
- The company that loaded the cargo
- A vehicle or parts manufacturer
- A maintenance or repair provider
- A third-party contractor
Each of these entities may have its own insurance policy, legal team, and version of events. Determining who is at fault requires a careful investigation. Failing to identify all potentially liable parties can reduce the compensation available to the injured person.
Federal Regulations Come Into Play
Unlike most personal vehicles, commercial trucks are subject to strict federal rules. The Federal Motor Carrier Safety Administration (FMCSA) sets regulations for how long drivers can be on the road, how cargo should be secured, and how trucks must be maintained.
Some of these rules include:
- Hours-of-service limits to reduce fatigue
- Requirements for regular inspections and maintenance
- Drug and alcohol testing for drivers
- Record-keeping related to driver logs and company practices
- Load weight and securement standards
Violating these rules can be evidence of negligence. For example, if a trucking company forced a driver to stay on the road beyond legal limits, that could play a key role in proving fault. However, uncovering these violations takes time, effort, and legal experience.
Evidence Is More Complicated and Time-Sensitive
Truck accident claims often involve more technical evidence than car crashes. In addition to police reports and photos, attorneys may examine:
- Driver logs and electronic logging devices (ELDs)
- Maintenance records
- Inspection reports
- Onboard GPS and dashcam footage
- Black box data
- Employment records or training documentation
Much of this information is controlled by the trucking company, and it may be deleted or altered if not requested promptly. That’s why it’s critical to act quickly after a truck accident. An attorney can send a preservation letter, also called a spoliation letter, to ensure that key evidence is not destroyed.
Insurance Policies Are Larger and More Aggressive
Commercial trucking companies often carry high-limit insurance policies, sometimes in the millions of dollars. These large policies exist because truck accidents tend to cause serious injuries or fatalities.
However, insurers are rarely eager to pay out large sums. They have legal teams and adjusters trained to minimize payouts. After a crash, they may:
- Try to shift blame to the injured person
- Dispute the severity of injuries
- Offer a quick, low settlement
- Delay the claims process to apply pressure
Car accident claims can involve resistance from insurance companies, but truck accident cases take it to another level. Injured individuals should be cautious about speaking with insurance representatives without legal advice.
Trucking Companies Are Focused on Protecting Themselves
Trucking companies have a lot to lose after a serious accident. A single claim can cost them millions and damage their reputation. Because of this, they often have their own legal and investigative teams that respond immediately after a crash.
Sometimes, they’ll even send a representative to the scene to begin gathering evidence. Their goal is to get ahead of the claim before the injured party has a chance to act. This makes it critical for victims to level the playing field by hiring an attorney who understands trucking laws and litigation.
More Time and Expertise Are Needed to Resolve the Case
While some car accident claims can be settled quickly, truck accident claims often take longer. The added layers of evidence, regulation, and legal complexity require detailed work. Accident reconstruction experts, medical professionals, and industry consultants may need to be brought in.
Filing a lawsuit may become necessary if negotiations don’t lead to a fair offer. In these cases, having the right legal strategy matters. Trucking companies will not make it easy, and mistakes can be costly.
Comparative Negligence Rules
It’s important to know how fault affects your ability to recover compensation in Nevada. The state uses a modified comparative negligence system. This means you can still recover damages if you were partly at fault—as long as your percentage of fault is less than 51%. However, your compensation will be reduced based on your share of responsibility.
In truck accident cases, this rule gives insurance companies more incentive to argue that the injured person caused or contributed to the crash. Proper evidence and legal representation are key to protecting your claim.
Truck accidents in Nevada aren’t just larger versions of car crashes. They involve more damage, more regulations, and more legal challenges. The stakes are higher, and so is the resistance from insurance companies and trucking firms.
Nevada’s Reliable Truck Accident Attorney
In the aftermath of a serious truck crash, you need a truck accident attorney who can take on large corporations and win. Maier Gutierrez & Associates has the experience and resources to handle even the most challenging trucking cases. We’ll investigate the accident thoroughly, determine liability, and fight to recover full compensation for your injuries and losses. Time is critical—don’t delay your claim. Contact us at 775-406-8981 for a free consultation and let a truck accident attorney at our firm fight for your rights and recovery.