Henderson, Nevada, is big enough to offer urban conveniences but small enough to relax in–and you’re never very far from bustling Las Vegas. Unfortunately, bad things happen in Henderson, NV, too, including truck accidents. The accident is often the truck driver’s fault, with the injured victim being an automobile driver or passenger.
When tragedy strikes on the road, the consequences can be far-reaching. A truck accident doesn’t just leave physical scars. It shatters your life, leaving you to grapple with overwhelming emotional and financial burdens. At Battle Born Injury Lawyers, we never quite get used to it. Some of us have seen our family members hurt in traffic accidents.
As a result, our Henderson truck accident attorneys are fiercely committed to demanding justice from the responsible parties. Contact us today for a free consultation with our Henderson truck accident lawyer. You can call us at (702) 500-0287.
How Battle Born Injury Lawyers Can Help You With Your Henderson Truck Accident Claim
Our top-rated Henderson personal injury attorneys have been staunch advocates for local accident victims since 2010. Our successful track record has been recognized by Super Lawyers, the Nevada Business Journal, and the American Society of Legal Advocates. We even enjoy a perfect-10 rating on Avvo. We have also won over $100 million for our clients, including many multi-million dollar settlements and verdicts.
Here are some of the specific ways we can assist you with your claim:
- Navigate Nevada’s specific legal standards and regulations for truck accident cases.
- Collect and analyze crucial evidence from the truck accident scene and involved parties.
- Explore the nuances of trucking industry regulations to prove that the defendant was negligent.
- Communicate and negotiate with trucking companies and insurance providers to secure fair compensation.
- Accurately calculate the total damages, including medical costs, lost income, and emotional trauma.
- Understand and adhere to the deadlines for filing a truck accident lawsuit in Nevada.
- Assess settlement proposals to ensure they reflect the true value of your claim.
- Utilize data from the truck’s event data recorder and other technological evidence in your favor.
- Craft an individually tailored legal approach based on the specifics of your truck accident case aimed at maximizing your compensation.
- Represent your interests in court if a trial becomes necessary.
Retaining Battle Born Injury Lawyers can help show the opposing party that you’re serious about your claims and pursuit of much-deserved compensation after an accident.
What Are Some Common Causes of Truck Accidents in Nevada?
Truck accidents occur for an astonishing variety of reasons, including the following:
- Distracted driving
- Driver fatigue
- Failure to adhere to traffic laws
- Improper loading of cargo, leading to unbalanced or shifting loads
- Inadequate driver training or experience
- Mechanical failures
- Poor weather conditions, especially ice and fog
- Reckless driving behavior, such as aggressive lane changes or tailgating
Battle Born Injury Lawyers is prepared to help you hold at-fault parties accountable regardless of the cause of your truck accident.
What Steps Should I Take Immediately After a Truck Accident in Nevada?
If you are involved in a Nevada truck accident, take the following actions:
- Move the vehicles off the road to avoid further accidents
- Perform emergency first aid on anyone who needs it, including yourself
- Call 911
- Photograph the scene of the accident and anything that might serve as evidence;
- Exchange contact and insurance details with the truck driver
- Obtain contact details for any witnesses, including passengers
- Help the police create an accident report
- Go to the hospital if you suffered any impact, even if you don’t think you’re injured
Do not leave the scene of the accident until the police or the ambulance arrives unless it is dangerous to remain.
What Types of Compensation Can I Seek After a Truck Accident?
You can seek three types of compensation:
- Economic damages: Medical expenses, lost earnings, out-of-pocket expenses and other tangible losses.
- Noneconomic damages: Pain and suffering, mental anguish and other forms of intangible losses.
- Punitive damages: An extra amount that a court might award to punish the defendant for particularly serious misconduct. Defendants almost never agree to punitive damages in settlement negotiations.
There is no definitive list of damages. Almost any item can qualify as long as it is reasonable and necessary and as long as it arises from your injury.
What is the Statute of Limitations for Truck Accident Claims in Nevada?
In most cases, you have until two years after the date of the accident to file a wrongful death lawsuit. If the victim died in the accident and you seek to file a wrongful death lawsuit, you must file a lawsuit within two years after the victim’s date of death.
What is the Difference Between an Employee and an Independent Contractor, and Why Does It Matter?
An employee works under the control of the employer, while an independent contractor works on their own. An employee might be a full-time maintenance worker, while an independent contractor might be a plumber you call to fix your sink.
This matters in truck accidents because if the driver is an employee of the trucking company, you can sue the trucking company even if the company itself was not negligent. If the driver was an independent contractor, you need to prove that the trucking company itself was negligent. The trucking company might have negligently hired a truck driver with a DUI record, for example.
How Can Comparative Negligence Impact My Truck Accident Case in Nevada?
Comparative negligence law kicks in when two or more parties share fault for a truck accident. As long as your percentage of fault was 50% or less, you can still recover compensation. However, you risk a proportionate reduction in the amount of your damages.
If you were 20% at fault, for example, you would lose 20% of your compensation. But if you were more than 50% at fault, you lose your right to receive compensation.
What Evidence is Crucial in a Truck Accident Lawsuit?
The following is a list of commonly used evidence in truck accident cases:
- Accident reconstruction reports
- Cargo load records
- Cell phone records
- Employment records and background information of the truck driver
- Eyewitness statements
- Medical records
- Photographs and videos
- Police reports
- Statements from first responders (EMTs, for example)
- Traffic citations and violations
- The truck driver’s logbook
- Truck maintenance records
- The truck’s electronic “black box”
- Trucking company safety records
- Weather and road condition report
Hundreds of other items might be relevant, depending on the circumstances.
How Well-Insured are Commercial Truck Drivers?
Many truck drivers are very well insured. Exactly how much liability insurance they are required to carry depends on the size of the truck and what they are hauling. A truck hauling petroleum, for example, might be insured for millions of dollars. Many commercial truckers will carry hundreds of thousands of dollars worth of insurance.
What is Negligence Per Se, and How Does It Apply to Truck Accidents?
Negligence per se is a legal standard that finds negligence automatically present if the defendant breaks a safety law. It is particularly relevant to truck accident cases because trucking is a highly regulated industry. In practice, all it really means is that it helps your case to find that the defendant violated a safety law. To win your case, you still have to prove that the violation actually caused the accident or your injuries.
How Can a Truck’s Event Data Recorder Help Me Win My Claim?
A truck’s event data recorder is like a “black box” on a plane. It records certain data, such as speed and braking information, that occurs immediately before, during, and after an accident. This data can be instrumental in proving fault for the accident.
What Challenges Might I Face When Dealing with Trucking Company Insurers?
Insurance companies are businesses whose sole purpose is to maximize profits, not compensate injured victims. Insurance adjusters are professional negotiators, and insurance companies hire high-priced lawyers to work for them.
Common insurance company tactics include:
- Arbitrary denials of your claim
- Unjustified delays
- “Lowball” settlement offers
- Spying on your social media accounts
- Seeking a recorded statement from you, asking you trick questions, and then using your answers against you.
Let your lawyer deal with the insurance company. Warn them to contact you only through your lawyer. If you do, they will have to deal with you only through your attorney.
Contact a Henderson Truck Accident Lawyer to Start Your Journey to Justice
Our Henderson truck accident lawyers advocate for our clients against greedy insurance companies and stubborn defendants. We bring overwhelming strength and resolve to Henderson, NV truck accident cases.
If you’re looking for someone to lace up their gloves, contact Battle Born Injury Lawyers by calling (702) 500-0287 or by contacting us online. And remember, we work on a contingency fee basis–you only pay if we win.
Don’t delay getting the help you need. Contact us today for a free consultation with our Henderson truck accident lawyer.