When large trucks collide with smaller passenger vehicles, the results are almost always catastrophic. The size and weight mismatch often contributes to severe crush injuries, traumatic brain injuries, spinal damage, disfigurement, and wrongful death. Determining fault and liability in these complex cases requires extensive investigation and expertise with a Mesquite truck accident lawyer.
Truck crashes can differ from typical car accidents with more parties involved and possibly higher financial stakes. A Mesquite personal injury lawyer can help assess negligence among multiple drivers and companies. They know what evidence matters most—from driver logs to corporate training records.
Common Factors Associated With Truck Accidents
Driver fatigue and lack of rest are major issues, as truckers often drive long hours without adequate breaks. Companies may pressure drivers to meet tight delivery schedules, leading to speeding or driving while overly tired. Truck drivers may also drive distracted, talking on cell phones or adjusting navigation systems instead of focusing on the road.
Brake issues, faulty tires, broken lights, or problems with the engine or transmission can all increase the chances of an accident. If trucks are not properly maintained and parts aren’t replaced when needed, serious malfunctions become more likely over time. Truck loads that are improperly balanced or secured also raise safety issues that could lead to loss of control.
Slippery roads, heavy rain or snow, and high winds make trucks harder to control and stop. Debris on highways or sharp turns on mountain roads prove challenging for these large vehicles to maneuver. With so many potential risk factors at play, truck accidents can happen quite easily.
Statistics on Truck Accidents
According to the latest statistics by the U.S. Department of Transportation, in 2021, there was a significant 17% increase in fatalities involving large truck crashes compared to 2020, totaling 5,788 deaths. Seventy-two percent of those killed were occupants of passenger vehicles, demonstrating the severe impact of crashes with heavier trucks. Seventy-eight percent of these deadly collisions occurred during high-traffic weekday commuting times between 6 am-6 pm.
Although truck drivers are often blamed, they had far lower rates of intoxication in fatal crashes than other drivers in 2021. The U.S. Department of Transportation also notes that only 3% of truckers registered illegal blood alcohol levels compared to 28% of motorcyclists and 24% of passenger vehicle drivers involved in fatalities. However, truckers had a higher rate of past crashes, at 21%, compared to 18-20% for other vehicles, pointing to a possible need for more training.
On a positive note, truck drivers involved in fatal crashes have lower rates of previous license suspensions or revocations than other types of drivers. According to the above source, about 7% of truckers had a suspended or revoked license, compared to 17% for motorcyclists and 14% for passenger vehicle drivers. Still, enhanced screening and licensing procedures could help curb deadly truck collisions.
How to Determine Fault
Investigators will examine the scene, looking for skid marks, debris, and final resting points of the vehicles to help recreate what happened. They determine if speed, weather conditions, mechanical failure, or other factors played a role. Police reports also provide critical details, documenting statements from witnesses and the drivers.
Your truck accident attorney in Mesquite will try to obtain all driving logs, communications, drug or alcohol tests, and inspection records to undergo review. Investigators assess if inadequate training, overloaded trailers, improper maintenance, and other lapses heightened accident risks for commercial carriers. Comparative negligence laws in Nevada assign partial fault if multiple parties contributed to the collision through reckless or irresponsible behaviors.
Accident reconstruction specialists carefully piece together information from vehicle computer modules, video footage, phone records, weather reports, and more. Using specialized software programs, they can model the sequence of events and simulate the accident to reach conclusions on fault and liability. Their unbiased expertise carries substantial legal authority in determining appropriate compensation.
Types of Evidence You Should Not Skip On
Several key forms of evidence provide crucial documentation for determining fault and increasing the value of your truck accident claim. You cannot go back and gather what no longer exists, so capture everything possible immediately. Make sure you or your attorney secure the following:
- Police report: Details official accident findings, witness statements, sobriety test results, fault opinions, and traffic violations cited
- Truck driver and carrier records: Identify safety issues and patterns like driver hours log, qualification file, inspection, maintenance, telephone, and discipline records.
- Accident scene and vehicle photos and video: Best taken from various angles and distances to depict positioning, skid marks, damage scale, and more.
Many other sources also offer additional value, like 911 calls, medical reports, insurance claim documents, invoices and receipts, expert witness analysis, weather data, and third-party testimony. You can access some of these forms of evidence with the help of your truck accident lawyer in Mesquite. Work together to ensure you have the proper forms of proof for a stronger case.
Why a Truck Accident Case Can Be More Complicated than a Car Accident Case
You may need to negotiate with multiple insurance companies, including the truck driver’s, the trucking company’s, your own, and possibly cargo loaders, manufacturers, or others. Determining the at-fault party can be complex when weighing individual actions versus corporate policies, training, and maintenance. Trucks also fall under extensive safety and operation regulations, requiring detailed analysis by industry experts.
The size and weight of large trucks often result in traumatic, catastrophic, or fatal collisions. You may suffer life-altering wounds requiring extensive, expensive medical treatment and permanent disability assistance. You can potentially maximize your truck accident settlement by demonstrating the full extent of income loss, suffering, lifestyle impacts, and special needs.
A truck accident attorney understands the complexity and high demands of these cases. They can help investigators to secure evidence before it is too late. They know what data to compile regarding fault, and ignoring certain records could undermine the case.
Work with a Mesquite Truck Accident Attorney
Dealing with a truck accident case on your own can be harder than it needs to be. With experienced legal representation on your side, the case may go a bit smoother, and you will know what to do for each phase of the process. Contact H&P Law for a free consultation to get started today.
