Commercial truck accidents involve multiple complex factors that require specific knowledge of the commercial trucking industry.
A truck driver was hospitalized after his vehicle collided with a train in North Las Vegas close to Henderson, last month. City of North Las Vegas Fire Department Personnel responded to the accident where the semi-truck was struck by an oncoming train near Range Road. The driver was transported to the emergency room with minor injuries and an investigation will be beneficial to a determination of fault. Accident victims may ask themselves “Where can I find an attorney near me?” when they need assistance recovering compensation to defray medical costs and lost wages caused by a tractor trailer accident in Las Vegas.
Railway responsibility
Truck accident victims can sue railroad companies for injuries and property damage caused by their negligence. Railroad companies, their employees and railroad equipment manufacturers owe passengers and bystanders a duty of reasonable care. Depending on the nature of the accident, one or more of the following parties may be responsible:
- The railroad company,
- The train operator,
- The manufacturer of the train or train components,
- A government entity that owns or operates the railroad.
Commercial truck accidents
Commercial truck accidents involve multiple complex factors that require specific knowledge of the commercial trucking industry, experience in civil injury laws, and sophisticated investigative capabilities to collect evidence and analyze it to strongly support a negligence claim. If a truck driver violates any of their CDL requirements, it could strengthen a legal claim against them if they were found to be responsible for any part of an accident in Nevada in addition to truck owners, trucking companies, maintenance, and cargo loading personnel.
Modified comparative fault law
Nevada law states that a proportional recovery will be undertaken only when a party is less than 50% responsible for the accident. An experienced Henderson accident attorney will also need to examine if the decedent played any part in the accident and prove the driver was at least 51% at fault for the crash or more.
Wrongful death
Heirs of the decedent and personal representatives of their estate can file a wrongful death action. Damages that surviving family members can claim are based on the value of support and services the deceased person provided to the surviving family; loss of companionship, guidance, and protection provided by the deceased person; mental and emotional pain and suffering due to the loss of a family member, and medical or funeral expenses any surviving family member has paid for the deceased person. The deceased person’s estate may also recover certain types of damages.
Hire a lawyer
Tractor trailer accident victims who have been injured by a train crash should contact a Henderson truck accident attorney who can file insurance claims or build a legal case on behalf of an individual suffering harmful loss by utilizing Nevada laws and trucking industry regulations that specify prudent driver actions to decrease roadway deaths.
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