If you have been injured in a delivery van accident in Las Vegas that was caused by a negligent delivery driver or the carelessness or recklessness of someone else on the roadway, you can seek compensation through Nevada’s personal injury claims process. This process can include demanding payment on your claim by the at-fault party’s insurance provider or – if the provider refuses to pay the demand or offer fair compensation to settle the claim — can even include a personal injury lawsuit filed in court.
An experienced Las Vegas auto accident lawyer from Pacific West Injury Law can provide more information about this process, answer questions you have about your specific case, and can even provide assistance as you negotiate the personal injury claims process.
How a Las Vegas Delivery Van Accident Lawyer Can Help with Your Claim
Some delivery van drivers are employed by the company they deliver for. However, others are independent contractors or even employed by a third party. For example, Amazon delivery vans are a common sight in Las Vegas, but the company’s drivers are generally employed by other companies such as FedEx or UPS. A delivery van accident lawyer in Las Vegas with experience in these types of claims can help you determine who the company works for and who has insured the van.
These are important considerations because an employer can be liable for the actions of their employees and nearly all auto accident claims are compensated by the insurance policy of the liable party. In addition to determining who the liable party is, your attorney can also provide services such as:
- Valuing your claim in order to ensure that there is enough compensation to cover the financial and emotional costs of your injury.
- Obtaining evidence and witness testimony to prove both liability and expenses.
- Communicating with the insurance provider on your behalf in order to negotiate a settlement that fairly compensates you.
- Filing your claim in court and representing your case before a judge or jury.
- Helping you to obtain the proceeds of your settlement or award at the conclusion of your case.
Proving Liability in a Las Vegas Delivery Van Accident
Determining liability in a Las Vegas delivery van accident can be complex. Here are some of the considerations involved in determining who is liable:
- Was the driver on duty at the time the accident occurred? If the driver was not making a delivery, and they were an independent contractor, then the driver’s personal auto liability policy would likely be considered the source of compensation.
- If the accident occurred while a driver employed by a third party (such as Amazon deliveries made by a UPS employee contracted to Amazon) was on-duty, the third party’s insurance policy would be the likely source.
- If the driver was employed by the company they were delivering for, that company could be liable for compensating your injury.
- If another motorist caused an accident involving a delivery truck, that motorist would be the at-fault party and your claim would be against their auto liability policy.
In order to prove liability in such cases, you must be able to show that the driver had a duty to take reasonable actions to prevent harm, this duty was breached by the negligent actions taken by the driver, and you were injured as a result of this breach.
The Type of Evidence Needed to Prove Your Claim
The evidence that can be used to prove a Las Vegas delivery accident claim can include information from the police report. Police reports are often not admissible in court, as the officer likely did not witness the accident and is only reporting information they learned from interviewing the parties involved and investigating the scene. However, the report can also mention actions that were taken, such as citing or arresting the driver on the scene for a traffic offense, and that information can be used.
Additional types of evidence from the scene can include photos of visible injuries you incurred, photos of the damage to all vehicles involved, and the testimony of eyewitnesses. Your attorney may also want employment records of the driver, including their driver history, the company’s policies on training drivers, and records regarding the maintenance that has been performed on the vehicle.
How Long You Have to File a Lawsuit
Most personal injury claims begin as a demand to the at-fault party’s insurer for the full value of the claim. The insurer can pay the claim, deny the claim, or offer to settle it for less than its value. If the insurer fails to pay the claim or offer a settlement, the claimant can file it as a personal injury lawsuit in civil court. In accordance with Nevada Revised Statutes (NRS) §11.190, most Las Vegas delivery van accidents must be filed within two years of the date on which the accident occurred.
Compensation Available in a Delivery Van Accident Claim
Individuals injured in delivery van accidents in Las Vegas can seek compensation for both the financial expenses of their injury as well as how the injury impacted their life. Expenses can include medical bills, property damage (damage to your car), and lost wages. If your injury results in permanent disabilities and you are no longer able to earn an income similar to what you were making before the accident, you can also seek compensation for your lost future earning capacity.
The types of impacts you can seek compensation for include physical pain and suffering, emotional distress, or loss of the enjoyment of life.
Finding a Las Vegas Delivery Van Accident Attorney to Help with Your Claim
A delivery van accident attorney in Las Vegas can help you make sense of the process of seeking compensation for injuries you incurred in an accident caused by a negligent delivery van driver. Contact us for your free case evaluation.