A collision between a garbage truck and a motorcyclist resulted in the death of a 55 year old man in Las Vegas, Nevada.
The police press release stated that the truck accident occurred at about 3 am on a Saturday morning near the intersection of Cheyenne Ave and Pecos Street. Witnesses told law enforcement that the garbage truck was going eastbound on Cheyenne Ave towards the Pecos intersection when it approached a green light. The motorcyclist started to go into the street towards the path of the truck, and the truck driver was heard applying his brakes. Although the truck slowed down significantly, the motorcyclist was in the path of the vehicle as it approached the intersection and was hit. Witnesses believe that the truck driver did make a legitimate effort to stop before hitting the man.
The truck driver remained at the accident scene and answered all of the questions that police directed at him. Officers at the scene believe that the motorcyclist may have been impaired by drugs or alcohol, or had some other condition that prevented him from realizing he was approaching an intersection where traffic was travelling in the opposite direction at a high rate of speed.
The victim’s official cause of death was multiple blunt force injuries, which was confirmed by the Las Vegas Metropolitan Police and the Clark County Coroner’s Office.
The official conclusion that the man’s death was accidental
Even though the official conclusion reached by police was that the man’s death was an accident, it is still possible to file a lawsuit. Police reports can become important pieces of information when making insurance claims and bringing lawsuits, but they are not necessarily taken as the final word during these processes. Especially if the incident results in a personal injury lawsuit, the jury is still given the authority to make the ultimate decision at the conclusion of a trial.
Employer liability for a truck accident
Lawsuits against the driver of a commercial vehicle like a garbage truck will typically attach the driver’s employer. This is because an employer is liable for the actions of their employees engaged in their normal job duties, under the tort law doctrine of respondeat superior. This means the employer is named as the defendant in the lawsuit, and they have to invest their own resources to pay for legal fees and any damage awards, despite the fact that an individual worker may have caused the problem due to negligence or a mistake. This is one of the reasons why commercial drivers are regulated and they must obtain special licenses to drive for a living.
Business insurance and losses
Due to the possibility of large losses in accident lawsuits, many businesses who own and operate large fleets of vehicles such as garbage trucks and buses will take out large insurance policies. From the perspective of a plaintiff and their lawyer, it becomes much more important to hold the business accountable for a person’s injuries, as this kind of insurance will help them actually satisfy an order to pay the victim.
Get help from a local lawyer who deals with truck accidents
There are truck accident attorneys available in Las Vegas who can assist accident victims throughout the Clark County area. Use the listings on USAttorneys.com to find someone who matches your needs.