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Truck v. Motorcycle Accidents: Truck Always Wins


— July 13, 2022

It is common for crashes involving motorcycles to end in catastrophic bodily harm, or fatal injury.


In May of this year, a motorcyclist suffered critical injury resulting in death due to a collision between his white Ducati motorcycle and a white Isuzu PGR box truck. According to law enforcement, the crash occurred around 9:40 a.m. near North Stephanie Street and American Pacific Drive. The motorcycle was traveling southbound and moved into a right lane passing stopped traffic and entering the intersection against a red light where he collided with the box truck that was turning left on a green arrow northbound. Medical personnel transported the cyclist to the Sunrise Hospital in critical condition and he later died of his injuries. Police said speed is considered a factor in the crash. Surviving loved ones who may be devastated by an untimely loss may ask themselves “Where can I find attorneys near me?” when they need assistance recovering compensation to defray funeral and burial costs, as well as guidance to address anticipated negative changes to a family’s financial stability through personal injury litigation, or insurance compensation.

Increased traffic deaths

An estimated 20,160 people died in motor vehicle accidents in the United States in the first half of 2021, up 18.4% over 2020. That is the largest number of projected fatalities in that time-period since 2006. Nevada 2019 traffic death data revealed that 304 individuals suffered fatal injury in traffic accidents, in part due to speed, impairment behind the wheel and not yielding the right of way. 

Accidental death benefit

It is common for crashes involving motorcycles to end in catastrophic bodily harm, or fatal injury, as riders are likely to absorb the full impacts of collisions with the ground, or metal framework of another motor vehicle, or they may be ejected into the air before landing on hard surfaces with relatively little bodily protection. Motorcycle insurance policies may have an accidental death benefit rider, whereby the victim’s loved ones may be able to recover compensation to pay for medical treatment and funeral expenses. An accident attorney can review the policy to check the personal injury protection coverage (PIP) that includes death benefits which may address funeral expenses, medical bills, and beneficiary amounts. 

Commercial truck accidents

Destroyed motorcycle; image by fsHH, via Pixabay.com.
Destroyed motorcycle; image by fsHH, via Pixabay.com.

Commercial truck accidents involve multiple complex factors that require specific knowledge of the commercial trucking industry, extensive experience in civil injury laws, and sophisticated investigative capabilities to collect evidence and analyze it to strongly support a negligence claim. If a driver was in violation of 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 truck 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

Families who have suffered harmful loss after a truck accident takes the life of a loved one should contact an experienced truck accident attorney who can support the wrongful death claim building on Nevada laws and trucking industry regulations that specify prudent driver actions to decrease roadway deaths.  Call an attorney at Bowen Law Offices in Las Vegas, Nevada, to schedule a complimentary consultation.

Sources:

  1. Motorcyclist killed in crash involving box truck near Stephanie, American Pacific (fox5vegas.com)
  2. https://www.leg.state.nv.us/nrs/NRS-041.html#NRS041Sec085
  3. USDOT Releases New Data Showing That Road Fatalities Spiked in First Half of 2021 | NHTSA
  4. Microsoft Power BI

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