No accident is a ‘good accident.’ In fact, the term ‘accident’ is a misnomer in most cases. The vast majority of accidents are caused by something or somebody. Someone, perhaps an individual, a business or government agency, would have been to blame for the accident. Even weather events, especially if they can be foreseen, cannot necessarily be blamed for accidents. If you know that the weather is nasty, you can make a decision not to drive, or drive more slowly or carefully. Rarely, unforeseen events like earthquakes, tsunamis, or twisters, can lead to serious accidents and there is no-one to blame but Mother Nature, who doesn’t pay compensation!
Truck accidents are usually worse than car accidents
There are of course some accidents that are intrinsically worse than others. If you are driving along a highway at 60 mph and are hit by a car traveling towards you at the same speed, you may survive, but if you were hit by an eighteen wheeler traveling at the same speed, you would be unlikely to survive. Statistics show that truck accidents cause more serious injuries and fatalities than car accidents, or at least accidents involving vehicles that are relatively small. Those statistics are true even when it is realized that truck accidents are not necessarily as common as you might think. It’s just simple physics. The size and weight of a truck have a huge effect on the impact caused when that truck collides with another object.
Bearing in mind that if you have been injured in an accident with a truck and you were not to blame, you are likely to be seeking greater compensation than if a similar accident happened with an automobile. More serious injuries, greater damage to your own vehicle, more time taken off work and a longer lasting effect on your nerves justify asking for more compensation if you do decide to go ahead with a personal injury claim against the truck driver, if you believe he or she was at fault, the truck driver’s company, both or another party.
Is it easier or more difficult to sue after a truck accident?
The general recognition is by most personal injury attorneys that truck accidents are significantly more challenging than accidents caused by single individuals. The reasons for this are explored below. If you are contemplating a claim for compensation after a truck accident you should take your case to an experienced car accident attorney here in Las Vegas.
The main reasons why a truck accident is more difficult to deal with legally than a car accident are listed below:
•The accident may be due to a faulty part, not the driver or the truck company;
•The accident will be investigated by the truck company (assuming that it is not owned by an independent operator), its insurers and attorneys;
•The damages involved are likely to be far higher than for an equivalent car accident;
•The truck driver’s qualifications are different from that of an ordinary commercial driver.
It’s true that faulty parts can cause any kind of vehicle accident, but trucks are larger than other vehicles with more parts to go wrong. An accident could be due solely to the installation of a faulty part, but how much did the truck company, or the truck driver, know about the source of the part and whether it could be defective?
Truck companies have a whole team of people they can call on to help with a truck accident. In some cases, evidence of liability has been covered up or removed before it can be detected by an impartial crash investigator.
A truck driver’s insurer or the company’s insurer, depending on who is being sued, is far more likely to be cautious about a claim for damages after an accident between a car and a truck. The damages claimed are likely to be far higher making the financial loss by the insurer higher too.
Truck drivers have, or should have, special commercial driving licenses that reflect the type of truck they expect to drive. The license is only issued after specialized training. The lack of training and / or license is oftentimes a factor in a truck accident in a way that an ordinary car driver license is not.
Don’t try and negotiate with a truck company’s insurer all by yourself. You are unlikely to win a compensation claim, or receive fair payment unless you get experienced legal help. In Las Vegas, contact the Law Office of Rodney Okano as soon as possible at (702) 566-3600.