Motor Vehicle Collisions

Collisions involving trucks, especially large transporter or delivery trucks, often result in debilitating injuries. Involved vehicles may sustain irreparable damage and be deemed a total loss. In such cases, evidence of the magnitude of the impact can be lost if not appropriately documented immediately following the collision.

In addition, for trucks that are corporate owned, representatives of the company or its insurer may aggressively try to obtain a release of liability, or written or oral statements that weaken their exposure. Considering the more severe damages that often result from these collisions, consulting with an attorney at an early stage is critical to reinforce problem areas, forecast potential pitfalls, and develop strategies to preserve the full value of the claim.

Rear-end collisions are very common, and often result in admitted liability. This means the defendant admits to having caused the crash. This removes much of the onus of showing that you are entitled to compensation.
Unfortunately, this also results in some lawyers becoming lazy in representing their clients, and failing to collect all relevant evidence in the initial stages of your case that should be used to leverage the best possible settlement down the road.

No matter how black and white your case may seem, relying on how the crash happened is not enough to collect a fair settlement. Witness statements, reports, insurance coverage, state of relevant traffic laws, and technical data of property damage, injuries, and the accident scene must all be obtained quickly, maintained in detail, and disclosed at strategic stages of your claim.

An insurer will sense a lawyer’s lackadaisical approach, and will reduce its offer accordingly. Speaking with an attorney who will maintain engagement with the insurer throughout the process will command attention, resulting in a quicker and more satisfying resolution.

Side-Swipe collisions are commonplace in parking lots and other private property. Generally, local law enforcement will not respond to reports of accidents on private property. Consequently, you cannot rely on a police officer to write a summary of the accident, record what the parties say, or document contact information, insurance information, road conditions, apparent injuries, or the extent of property damage.

Because such crashes often occur at low speeds, obtaining as much of the above information as possible is important to preserving a strong claim. However, if such information does not exist or has been mishandled, your claim is at worst a “he said – she said” claim. No matter the state of the claim, an attorney can help bolster credibility and find the pressure points that will motivate the insurer to prioritize settlement.

Parking lot collisions can be side-swipe, t-bone, and rear-end collisions, among others. The viability of these claims is influenced by the fact that local law enforcement generally will not respond to private property. Therefore, you cannot rely on a police officer to write a summary of the accident, record what the parties say, or document contact information, insurance information, road conditions, apparent injuries, or the extent of property damage.

Because such crashes often occur at low speeds, obtaining as much of the above information as possible is important to preserving a strong claim. While there may be no police report, a report or comparable summary may have been prepared by a store or hotel near the lot. Additionally, it is worthwhile to visit these establishments after the fact in search of anyone who may have witnessed the collision. If no such objective information exists, or has been mishandled, an attorney is particularly necessary to leverage the claimant’s subjective narrative as persuasively as possible.

Rollover crashes can involve issues of product liability. This is the case when a manufacturer defect causes tires to blow out, or when a design failure is responsible for the vehicle rolling over. Rollovers may also occur shortly after negligent work is performed by a mechanic. In such cases, the mechanic may be responsible for all damages resulting from the crash.

It is crucial to preserve evidence that may help determine the exact cause of the rollover. Experts are typically needed at an early stage to examine tires and other components of the vehicle suspected to have contributed to the incident. Copies of all records from any recent repair or maintenance work will also be needed. Consulting with an attorney can help facilitate the initial investigation to determine the scope of potential claims against even the largest corporate entities.

Many motorcycle crashes result in catastrophic injuries. Unfortunately, motorcyclists have a stigma of wreckless driving and are often unjustly blamed for these incidents. Firm legal representation is critical at an early stage to ensure an appropriate determination of fault.

Victims involved in even minor motorcycle collisions can sustain injuries with long-lasting effects. Road rash may leave severe scarring that results in permanent psychological changes. It is vital that all injuries be addressed in the course of treatment, whether physical or emotional. Compensation must reflect the permanent nature of the injuries, and account for any future treatment or counseling that may be required.

Finally, because a motorcyclist’s damages are higher than average, an attorney is an indispensable asset in conducting an exhaustive search of potential defendants and applicable insurance coverages to enable the most robust payout possible.

In Las Vegas, pedestrian incidents are all too common. Worse is that drivers frequently leave the scene before law enforcement arrives. This is often due to the driver being impaired. Anything memorable about the driver, passengers, direction of travel, approximate speed, or details about the vehicle will help the police to identify the culprit.

The driver may avoid a DUI citation if they leave the car before being found by police, so reporting details to law enforcement as soon as possible is critical.

Keep in mind that criminal and civil burdens of proof are different. If law enforcement suggests there is not enough information to continue a criminal investigation, there still may be enough information for a civil claim. For that reason, consulting with an attorney can provide valuable insight.

A phantom vehicle incident is one in which one vehicle causes another vehicle to crash without the vehicles contacting each other. The most common example of a phantom vehicle crash is when someone is cut off and forced to swerve out of the lane to avoid a collision, ultimately running off the road, or hitting a barricade, light pole, or another vehicle. In this scenario, assuming the at-fault party leaves the scene and is unknown, any compensation to the victim would come from his/her own insurer, depending on applicable coverages.

Generally, some sort of physical contact is required. This is the insurer’s method of rooting out fraudulent claims. However, extensions of the at-fault party help to satisfy this requirement. For example, a driver hitting a ladder that had suddenly fallen out of a truck and onto the highway would likely be an accepted claim.

Ultimately, the viability of a phantom vehicle claim is a fact-intensive query. Consulting with an attorney should precede communication with any insurance representative to ensure that relevant data points are presented accurately.

Unique to drunk driving collisions is aggravated liability. Specifically, the impaired driver can be exposed to punitive damages. This is an entirely separate category of compensation available to the victim. It is not based on the extent of the victim’s injuries or medical bills. Rather, it is simply intended to punish the offender.

The possibility of punitive damages not only helps increase the insurance company’s offer, but can help resolve the claim more quickly as well. A competent lawyer will use details of ensuing criminal charges for the benefit of the civil claim.

With Las Vegas offering so many attractions for tourists from all over the country, rental cars floods the streets. Rental agencies are required to have in effect at least a minimum policy of liability insurance on each car they rent. It is important to verify this coverage for the car involved in the collision.

That being said, if the driver of a rental car has his/her own liability insurance, that policy is primary. Only after that coverage is exhausted would the rental agency’s policy come into play.

Obtaining necessary information from Enterprise, Hertz, Avis, and others, can be a discouraging process. Employing a lawyer as an advocate in those discussions is invaluable to the speed and efficiency of these claims.

An individual operating a vehicle while on the job is often covered by the employer’s liability insurance policy. These commercial policies typically have much higher limits than individual policies. When your injuries result in significant medical bills, having a commercial policy available is a tremendous luxury.

Additional grounds of recovery may also come into play, determined by the employee / employer relationship at the time of the collision. Negligent hiring / supervision / retention are among those claims can apply additional pressure on the insurer to settle the claim.

Success of commercial claims requires enhanced preparation and foresight. An attentive attorney can map out the claims strategy in a manner that grants more control over the legal process, and maximizes claim value.

Because of the number of vehicles, claimants, and insurance policies involved, multi-car claims can be drawn out longer than the average car crash claim. This is particularly true when some claimants’ treatments drag on for several months, or when a workers compensation claim is involved.

Because there is a heightened risk that the at-fault party will not have enough coverage to repair everyone’s vehicles, it is common for each party to use its own collision coverage for repairs. Their insurers will then seek reimbursement from the at-fault party’s insurance carrier.

Once all parties are able and willing to settle their injury claims, the simplest procedure is to have all parties agree to a breakdown of the tortfeasor’s (at-fault party) insurance policy limit. Securing agreement from numerous parties requires persuasive negotiation and tact. An attorney with experience in leading this type of negotiation is essential to maximize a share of limited funds.

If someone is hit by an uninsured or underinsured driver, they may be protected by their own uninsured or underinsured motorist coverage (UM/UIM). This means that they would direct their claim to their own insurance carrier. Many people fear that doing so will cause their premiums to rise. While an insurer cannot legally raise a claimant’s rates due to a non-fault incident, the reality is that there is risk associated with any change to an insured’s claims history. Moreover, up to a certain point, insurers can raise premiums without having to cite a specific reason.

While many attorneys dismiss this reality, the best will tailor their representation to mitigate this risk. Opening a claim with a client’s own insurer should be done with a specific benefit in mind that overrides the corresponding risk to policy premiums.

Consulting with an attorney can help give shape to an eventual resolution, making possible a more informed decision about what claims to open and which coverages to use.

Further, if you insure multiple vehicles, it may be possible to “stack” their coverages, thereby raising the limit of compensation available under your policy. At Heaton & Associates, we can take the guesswork out of settling your insurance dispute, and get you all the money you deserve.