As trucks are larger and heavier than most vehicles, the impact of collisions with them can cause more destruction than a regular car crash. That often makes them more expensive to recover from. However, that does not mean you cannot get compensated by those at fault for such accidents.
If you suffered injuries, had your property damaged, or lost a loved one in a trucking accident anywhere in Nevada, consider speaking with a Nevada truck accident lawyer with Van Law first. Our attorney knows what laws to check and what you can do to seek damages. You can learn more during a free consultation with us today.
Establishing Liability in Nevada Trucking Collisions
A Nevada truck accident lawyer with our firm can search for evidence to determine liability in the collision. This involves checking for relevant motor carrier and traffic regulations they might have violated. For instance, the trucking company might be too lax when implementing mandatory alcohol and drug testing for drivers. As a result, the truck driver went on duty while intoxicated and caused an accident. Both the driver and employer would be at fault in this situation.
It may also be that only the driver is liable for the accident. For example, they may have intentionally caused the accident while influenced by road rage. Their employer will likely have no responsibility for them in such a situation.
Other Parties Can Be At Fault, Too
Our Nevada truck accident lawyer can also investigate if a different party is at fault for the accident and help investigate. Below are some scenarios where someone besides the Nevada truckers can be liable in an accident:
- A truck manufacturer can be liable for a design defect that caused the accident despite the truckers’ compliance with routine maintenance requirements.
- The truck driver did not notice roadwork up ahead until it was too late due to a lack of signage from the road construction company. In this case, the business will be at fault.
- Another motorist or pedestrian disobeyed traffic regulations (such as by not yielding or jaywalking), forcing the truck driver to crash into your vehicle while avoiding them.
Calculating Your Nevada Truck Accident Damages
Apart from gathering proof of the other party’s fault in the trucking collision, our Nevada truck accident lawyer can also help estimate your case’s value. This is generally made up of economic and non-economic damages.
Economic damages refer to expenses such as medical treatments, auto repairs, and lost income. Calculating them is straightforward enough as it involves compiling documents like hospital bills and other relevant billing statements or receipts.
Meanwhile, non-economic damages are challenging to estimate as they are intangible and do not have a fixed dollar amount. These damages would compensate you for your pain and suffering, such as mental and emotional trauma, scarring and disfigurement, and loss of enjoyment of life. Our attorney will assess both kinds of damages as they determine how much compensation you could request from the liable party.
Sharing Liability Can Reduce Your Damages
Nevada uses a modified comparative fault rule to determine the amount you can recover from the truck accident settlement. If you are partly responsible for the crash, you can recover only a part of your total damages based on the percentage you share.
For instance, suppose you are 40 percent liable for driving far over the speed limit when the accident happened. You can only get 60 percent of your damages.
Unfortunately, you cannot recover damages if you share more than half the fault for the Nevada trucking accident. Therefore, it is advisable to consult first with a Nevada truck accident lawyer so that they can review the incident and see if you have a valid case on your hands.
Filing a Liability Insurance Claim After a Truck Accident in Nevada
You can typically proceed first with a liability claim against the truck owner once you have compiled all available evidence and evidence. The Federal Motor Carrier Safety Administration (FMCSA) and Nevada Administrative Code 706.191 require motor carriers to have liability insurance when traveling in Nevada. It will help pay for your accident-related expenses if the truck operator is at fault.
However, if the truck employer’s policy will not protect the truck driver, Nevada’s auto liability insurance rules in Nevada Revised Statutes Section 485.185 would apply to them instead. You would have to file with their personal auto insurer.
Our Nevada truck accident lawyer can help you file an insurance claim and speak on your behalf if you do not accept the insurer’s offer.
When to Consider Filing a Nevada Truck Accident Lawsuit
In some instances, our accident attorney may advise taking matters to court. For example, if the driver crashed the truck on purpose to harm you, their insurance provider might reject your claim, as they typically do not handle intentional torts.
Since the court decides your recovery, your recoverable damages may be higher than the at-fault party’s policy limits. The Nevada truck accident lawyer can work with you in complying with case filing requirements and represent you throughout the litigation process.
Following Nevada’s Statute of Limitations
A vital filing requirement in Nevada trucking accident cases is the statute of limitations in Nevada Revised Statutes Section 11.190. This contains instructions on how much time you have to file your truck injury case. The court can dismiss your case f you miss the deadline, so it is safer to start now while you still have plenty of time.
If you file for injury damages, you generally have two years to file your action. On the other hand, you get up to three years for property damage cases. Our Nevada truck accident lawyer can track your progress to see if you can pass on time. They can also check for unfinished tasks to help you finish them faster.
Our Legal Team Is Ready to Help You After a Nevada Truck Accident Lawyer
Van Law understands how much of a struggle it is to recover after any auto accident in Nevada—even more so if the collision involves large trucks. If you want to file for compensation against those responsible, you can consult with our team anytime. We have Nevada truck accident lawyers who can provide legal counsel and representation when facing the insurance provider or the court.
For the past decade, we have worked on cases in various practice areas of Nevada injury law. Besides trucking accidents, these also include product liability, workers’ compensation, and nursing home abuse actions. You can message us online to request your free consultation with our Nevada truck accident lawyer or call (725) 900-9000 for other concerns.
Let us help you!