Las Vegas Garbage Truck Accident Attorneys
No Fees Unless We Win
No Fees Unless We Win
If you were injured in an accident with a garbage truck, you need the help of an experienced and knowledgeable legal team from Adam S. Kutner Accident & Injury Attorney. We have been representing clients in their personal injury cases for more than 30 years. We know what it takes to stand up to insurance companies and pursue the maximum compensation accident victims deserve.
Although garbage trucks are a vital part of every residential and commercial neighborhood, they’re also dangerous. They’re significantly larger than passenger vehicles and can cause massive destruction during a collision. The occupants of small cars typically suffer more severe injuries than garbage truck drivers due to the size and weight differences between the vehicles.
It’s critical that drivers go through proper training before operating a garbage truck. Unfortunately, some companies hire inexperienced drivers during staffing shortages or to cut costs. In many instances, the trucker knows how to drive safely but speeds or breaks other traffic laws to stay on schedule. Any error a garbage truck driver makes could result in injuries and fatalities in a crash. Sometimes, the trucking company could be at fault because of their mistakes, too.
Call Adam S. Kutner Accident & Injury Attorney at (702) 382-0000 for a free consultation to learn about our legal services and discuss your case with us.
No Fees Unless We Win
There are multiple reasons garbage truck accidents happen. Human error and the structure of the vehicle are among the top two. The driver must stay focused while they are behind the wheel to ensure they have time to react to slowing traffic, an emergency, or an obstacle in the road. If they look down at their cell phone or become distracted by something else, they can’t see what’s happening in front of them.
Garbage trucks, like all commercial vehicles, have a high center of gravity. There’s an increased risk of a rollover accident because the truck is top-heavy. If there isn’t an even distribution of weight in the cargo compartment and the driver brakes suddenly or takes a turn too fast, the shift in momentum can cause the entire vehicle to tip over.
Garbage trucks aren’t as big as tractor-trailers. However, the container on the back of the vehicle used to hold waste blocks the driver’s view. The blind spots are more significant than the blind spots on passenger cars. Changing lanes or merging onto a highway requires thoroughly checking for other vehicles before moving over. Otherwise, the trucker could end up sideswiping someone already in the lane.
The large compartment on the back of a garbage truck holds trash and discarded items. Drivers travel to homes and businesses to collect and transport waste. It’s convenient for homeowners and property owners, but other drivers can end up in harm’s way while the garbage truck runs its route. If the garbage shifts inside the compartment or falls onto the road, severe collisions and injuries could occur.
All commercial trucks, including garbage trucks, must follow the Federal Motor Carrier Safety Administration (FMCSA) regulations. These guidelines protect everyone on the road and aim to prevent accidents.
Common factors that can result in garbage truck accidents are:
If any of these or another factor contributes to an accident involving a garbage truck, you should contact Adam S. Kutner Accident & Injury Attorney as soon as possible. We’ll review the details of your case and determine who should be held liable for your injuries.
It’s common for people to assume the driver is at fault since they were driving the garbage truck. However, their employer could be to blame for multiple reasons.
They must hire experienced and licensed drivers. That means performing a thorough background check on prospective employees before hiring them. They need to confirm a valid commercial driver’s license and employment history. They should also check for a criminal record and prior instances of accidents.
It’s also critical that trucking companies adequately maintain their vehicle fleet. They should perform routine inspections to locate defects and damage. If they find any issues, prompt repairs are necessary to prevent a system malfunction while the driver operates the garbage truck.
If the trucking company did anything to contribute to the crash, you could pursue compensation from them. Obtaining evidence showing how their actions led to your injuries is vital. The Las Vegas garbage truck accident attorneys of Adam S. Kutner Accident & Injury Attorney know the kind of documentation we need to look for to hold them liable.
Nevada is a “fault” car insurance state. That means whoever causes a motor vehicle accident becomes financially responsible for the injured party’s losses, such as:
You could pursue compensation from the at-fault truck driver by filing a claim with their insurance company.
All trucking companies must purchase liability coverage for their drivers with minimum limits set by the FMCSA. Coverage should include bodily injury and property damage to compensate for the losses suffered by the occupants of other vehicles.
If the driver or their employer contributed to the crash, they should be held liable. You’ll need sufficient evidence to prove that their actions caused the accident and the injury you sustained resulted from that accident instead of a preexisting condition or another incident.
If the insurance company denies your claim, you could file a lawsuit naming them and the at-fault party, such as the bus driver or transportation company, as defendants. Nevada has a two-year statute of limitations for personal injury cases. That means you have two years from the date of the accident to initiate your lawsuit in civil court. If the deadline passes, you could lose your opportunity to hold the negligent party accountable and seek the compensation you deserve in court.
When you get hurt in an accident with a bus, you could seek compensation in multiple ways. If the bus driver was at fault for your injuries, you could file an insurance claim.
All motor carriers, including those used for public transportation, must purchase and maintain liability insurance with minimum coverage determined by the Nevada Transportation Authority and the Department of Motor Vehicles.
Federal laws also require specific liability limits for passenger carriers, depending on the vehicle’s seating capacity:
When you file a liability claim, you could pursue compensation for the losses you suffered, such as:
Nevada uses another statute to determine the maximum compensation an accident victim is entitled to in a lawsuit. Modified comparative negligence reduces a person’s monetary losses by their percentage of shared fault. If the jury decides your actions contributed to the bus crash, they could diminish your financial award.
To clarify, let’s say you suffered $100,000 in losses. Under normal circumstances, you could pursue compensation for the total amount. However, if the jury determines you were 20% to blame for your injuries, you could only seek up to $80,000. Additionally, if you were 51% or more liable for the accident, you would be prohibited from recovering any amount of compensation from the at-fault party.
Insurance claims aren’t as straightforward as most people think. You might believe you’ll receive the settlement you deserve, but most insurance companies are looking out for their own interests over the interests of accident victims. They want to avoid a large payout at all costs and will look for evidence to prove you were at fault for the collision or deserve less than the maximum available compensation.
If the insurance company provides a low offer or denies your claim entirely, you could file a lawsuit. Nevada has a two-year statute of limitations for personal injury cases. That means you have two years from the date of the accident to file suit, or you might not have another opportunity to hold the truck driver accountable for their actions.
Besides seeking compensation for your economic and intangible losses, you might also be entitled to punitive damages. You must provide the jury with clear and convincing evidence that the at-fault truck driver or trucking company acted with intentional malice, fraud, or oppression to recover this financial award. The purpose of punitive damages isn’t to compensate you for your losses but to punish the defendant for their misconduct.
Nevada uses the modified comparative negligence rule to determine if the accident victim can recover their monetary losses. If the jury finds that your actions contributed to your injuries, they could assign you a percentage of fault and reduce your financial award.
For example, if you ended up with $100,000 in losses but were 20% to blame for the crash, you could pursue up to $80,000 in compensation. If you were 51% or more responsible for the accident, the jury would bar you from any amount of recovery.
At Adam S. Kutner Accident & Injury Attorney, our award-winning Las Vegas garbage truck accident attorneys have been fighting for the rights of our clients for over 30 years. We have the experience and resources to help you pursue the maximum compensation you deserve. Our legal team provides dependable and personalized services to achieve the best possible outcome in your case.
Martindale-Hubbell gave us an AV Preeminent® rating, a distinction given to the top attorneys in the country. We received various awards and accolades from multiple organizations, including The National Trial Lawyers Top 100 Trial Lawyers. We were also voted as the Best Accident Lawyers in Las Vegas by the Las Vegas Review-Journal in 2020.
Our Las Vegas garbage truck accident attorneys understand you might face financial hardships from the accident. Physical therapy, prescription drug costs, and other medical expenses can lead to debt. Many people can’t afford the bills. We don’t want to add to the burden you’re already experiencing. That’s why we take cases on contingency. There are no upfront fees or costs when you hire Adam S. Kutner Accident & Injury Attorney. We only collect our legal fees if we recover compensation for you. If we lose, you’ll never owe us money for our services.
You can meet us for a free consultation at one of our two office locations, or we can discuss your case over Skype. Call us at (702) 382-0000 right now if you sustained injuries in an accident with a garbage truck and want to learn about your legal options. We’ll tirelessly work to get you the maximum compensation you’re owed so you can heal and move forward with your life.
Call us today at (702) 382-0000 anytime to schedule a free consultation. We will work to get you the maximum settlement as quickly as possible.
“I was in an accident November the twenty sixth, rear ended. I watched several commercials on tv after being in a lot of pain I decided to call Mr. Kutners office because I like the way that he presented himself on TV.
My experience has been very good, from the girl who answers the phone all the way back to the very last person I talked to. A lady came out to see me the very next day after I made the phone call, she was very personal, very professional, and she came right to my home which saved me from looking for someone to take me into the office.
I got my car within two weeks and they were very helpful in finding doctors for me, which I had to go to more than one.
I would recommend Mr. Kutner. He is very personal, the staff is very personal from the telephone girl all the way down, very personal, very professional. They don’t make you feel like just a number and someone they’re working with, they make you feel like you’re at home.”
– Jean Phyllis St. John. 5/5 Stars
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