You may be entitled to compensation if a negligent trucking company or driver causes a crash leading to injuries or property damages.
Our experienced Henderson semi-truck accident attorneys at Pacific West Injury Law know the legal options available in such cases. We will fight for you until you get your deserved financial compensation.
How Semi-Truck Accidents Differ From Other Car Crashes In Nevada
Even though accidents involving semi-trucks may seem similar to other motor vehicle crashes, some key differences make the legal process more complicated and the injuries more severe.
Truck Driver Regulations
The Federal Motor Carrier Safety Administration and the Nevada Department of Transportation have special laws that govern truckers and trucking companies. These laws are complex and aim at promoting safety and preventing accidents. Drivers who violate these laws have a high chance of causing severe truck collisions.
In most car accidents, the negligent or careless driver is the liable party. However, when it comes to semi-truck accidents, you may have to deal with many at-fault parties such as the driver, shipper, truck repair facility, and the trucking company. If you are a victim of such an accident, it may be challenging to negotiate settlements and prove negligence.
More Severe Injuries
Since semi-trucks are much larger and weigh more than automobiles, they can cause more severe damage, injuries, and death. Henderson catastrophic injury lawyers can help ensure you get the medical treatment and compensation you need after a serious semi-truck accident.
As a victim of these cases, the value of your claim can also be much higher if a careless trucker caused the crash. However, insurers tend to fight harder and longer to reduce your accident injury claim.
How To Prove Fault In Henderson Truck Accident Cases
Unlike a standard car accident, semi-truck accidents typically have a standardized investigation process that the trucking company launches to determine who was responsible for the accident.
It also may be easier to find sufficient evidence to prove fault in Henderson truck accidents because truck drivers are often required to keep more thorough records, like truck maintenance reports, driving logs, and a black box.
Even though the trucking company will investigate their driver, you will still need to compile your own evidence to support your side of the story. Handling a semi-truck accident on your own is a difficult task. Fortunately, you can rely on our experienced attorneys to do a thorough investigation and prove negligence. While investigating your accident, our attorneys will:
- Interview witnesses
- Examine the truck driver’s credentials
- Determine whether the driver obeyed local traffic laws
- Investigate the accident scene
- Review police and accident reports
- Look into the event data recorder
Some trucking companies falsify their records to safeguard themselves and their drivers. If this happens, our skilled semi-truck accident lawyers can identify any discrepancies and falsifications within the records of a trucking company. Our Henderson legal team can look into each party involved and prove who was responsible for the crash.
Who Is Liable For Truck Accidents In Nevada?
Nevada is considered an at-fault state for accident liability, which means fault must be determined before anyone is awarded compensation. The at-fault driver must compensate the other party for their damages.
If you were involved in a semi-truck accident in Henderson, you should also know that Nevada has a modified comparative negligence clause. In Henderson car crashes, fault can be split across multiple involved parties. However, you are only eligible to receive compensation for damages if you are less than 50% responsible for the accident.
In semi-truck and truck accident cases, many parties could be liable. Your Henderson semi-truck collision lawyer will help prove which of these parties was responsible, such as:
- The truck driver
- Another driver, if another vehicle was involved
- The truck company
- The truck manufacturer
Types Of Compensation In Semi-Truck Accident Settlements
Since semi-trucks can weigh up to 25,000 pounds, heavy truck accidents often result in severe injuries and damages. Semi-truck injury victims are therefore usually entitled to significant compensation, which may include:
- Medical expenses
- Lost wages
- Future loss of wages
- Pain and suffering
- Emotional distress
- Property damage
- Loss of consortium
- Wrongful death
We will handle the entire lawsuit process while you concentrate on recovering from severe physical injuries, emotional distress, and more.
Punitive Damages May Be Available
In extreme cases, you may be eligible to recover punitive damages from the liable party. Punitive damages are only awarded in a small percentage of cases and are meant as a punishment for the at-fault party. Punitive damages are not related to any losses suffered by the accident victim. Instead, they serve to discourage future bad behavior.
Your case will only be eligible for punitive damages if the at-fault party acted in a manner deemed criminally negligent or carried out with the express intent of causing harm.
How To Claim Compensation For Injuries And Damages After A Semi-Truck Accident
For semi-truck accidents in Henderson, the accident claim must go through the truck company’s insurance. Unfortunately, this is not an easy process and frequently ends with a settlement that is much lower than the victim deserves. Many semi-truck accident victims only receive compensation for property damages after the intervention of the trucking company’s insurer.
However, when an experienced vehicle accident lawyer represents you, you can win your deserved compensation. To claim compensation for damages after a semi-truck accident, in most cases, you or your lawyer will have to prove:
- That another party, like the truck driver, was responsible for the accident
- That your injuries were a result of the accident
- That you now have medical expenses and other losses due to your injuries or other damages sustained in the semi-truck accident
How Much Does A Henderson Semi-Truck Accident Attorney Charge?
The biggest concern for many people when it comes to potentially hiring an attorney is the cost. While your attorney does stand to make good money if you recover the compensation you deserve, you will likely still end up with a better financial situation once the dust has settled than if you attempted to represent yourself.
You can also hire a semi-truck accident attorney without any fears of winding up in a worse financial situation than the one in which you started. That is because the fee your attorney will charge is entirely based on the outcome of your case. Your lawyer will be paid a single fee for their services, which will be a fixed percentage of the money you recover from the liable party.
Under this system, your attorney’s fortunes are tied to your own. They will receive a big payday if they can get you significant compensation or could find themselves working for free if they fail to get you any money for your damages.
Filing A Semi-Truck Accident Lawsuit In Henderson, NV
Semi-truck accident lawsuits in Henderson usually follow a four-step procedure, including:
- Investigation: After the semi-truck accident, a Henderson personal injury lawyer will conduct all the necessary investigations and ensure that your insurer evaluates your damages fairly. An attorney will also ensure that the insurance company doesn’t reduce your settlement amount.
- Filing a claim: After the investigation and gathering of evidence, your lawyer will file a claim. In the lawsuit, they will include the total compensation you are seeking for your damages and injuries.
- Negotiations: In cases where a lawyer successfully negotiates with the insurer, your case won’t proceed to court. However, a judge or jury may have to determine the money you should receive as compensation if negotiations don’t work.
- Litigation: If your case proceeds to court, litigation will be the next stage. Your Henderson personal injury lawyer and the insurance company will present their statements to the jury or judge to decide who is at fault and the compensation owed.
When you turn to a semi-truck accident lawyer in Nevada, they will handle this entire process for you as you recover from your injuries.
What Is The Statute of Limitations For Truck Accident Claims In Nevada?
Unfortunately, you don’t have unlimited time to file an accident claim. According to the Nevada statute of limitations, you must file your semi-truck accident injury lawsuit within two years of the accident date.
Failure to file your lawsuit on time could mean a loss of your right to recover compensation. However, special circumstances may apply to your case which would allow you to file after the initial two-year period has passed. Alternatively, you could be placed in a situation where you actually have far fewer than two years to file.
If you’re worried about missing deadlines or not understanding Henderson accident laws, a semi-truck accident lawyer can help ensure you file your accident claim promptly and correctly.
Get A Free Case Evaluation From A Reliable Semi-Truck Accident Attorney Today
Our lawyers at Pacific West Injury Law in Henderson have the track record and specialized expertise to give you the confidence of knowing that you have a strong chance of recovering the compensation you deserve. We want you to focus on recovering from the accident while we deal with the insurance companies and legal procedures.
Contact us today by phone or through our online contact form for a free case review. One of our Henderson semi-truck accident lawyers will review your case and answer any questions you may have.