Trucking Accidents In Nevada: Who’s To Blame?
Vehicle accidents involving commercial trucks can result in severe injuries, with long recovery times that may prevent you from working or living normally, or even cause permanent disability. After this kind of accident, it’s common to feel unsure about the future and how to pay for the growing medical bills and other expenses.
In Nevada, people who are injured in truck accidents may be able to obtain financial compensation for their losses with the guidance of a Nevada truck accident lawyer. It’s important to work with an experienced legal team because truck accidents are usually more complicated than car accidents. Often, several parties may be liable, not just the truck driver. Gaining damages after a truck accident can provide a source of income that will pay for your medical expenses, lost income, pain and suffering, and other damages that resulted from the incident.
Who Is Liable For a Truck Accident In Nevada?
Multiple parties can be liable for a truck accident beyond the driver. For example, if the crash was the result of a truck that was improperly loaded, the company who loaded the cargo may be responsible if their negligence caused the truck to become unbalanced. If the accident resulted from a defective part, the manufacturer may be liable for the incident.
If you’ve been injured in a truck accident, contact a Henderson truck accident lawyer for legal guidance. Don’t negotiate with insurance companies or accept settlements on your own because you will likely not be offered full compensation.
Truck Driver Or Trucking Company
Even if an accident is caused by a truck driver, sometimes the driver is not legally liable for the situation. Instead, the trucking company can be held responsible for the accident if the driver was acting within their scope of employment. This can be a confusing situation to navigate on your own, but a Reno truck accident lawyer who has experience navigating Nevada personal injury law may be able to help you obtain higher compensation than you would receive if only the truck driver is held responsible for the incident.
Truck drivers have multiple facets of liability because they have a duty to protect the safety of the public. A trucking company should fulfill that responsibility by maintaining their fleets, ensuring that their drivers are qualified, and complying with FMCSA regulations regarding driving shift length and other requirements. If it can be proven that the trucking company violated any of those responsibilities, they can be held liable in a personal injury lawsuit.
What If I Am Partially At Fault For The Accident?
Because Nevada is a fault state, you can still obtain financial compensation for your damages even if you are partially at fault for the truck accident that caused your injuries. The state of Nevada follows a “modified comparative negligence law,” which means that a plaintiff can recover a percentage of their damages, provided that their share of the fault is less than the defendant’s.
Determining who is at fault is one of the most challenging aspects of any truck accident lawsuit. The trucking company’s insurance company will work hard to shift blame onto you and anyone else who was involved, which can ultimately reduce or eliminate your compensation. Get a Nevada personal injury lawyer on your team to negotiate with insurance companies on your behalf and take them to court if necessary.
How Can Liability Be Proven In a Truck Accident?
A detailed investigation and collection of evidence will be needed to support your damages claim. You can anticipate vigorous defense from the trucking company’s corporate lawyers, so make sure you have an experienced legal team who can meet the demands and prove your case. Your Reno truck accident lawyer will:
- Investigate the situation
- Collect necessary evidence to prove your case
- Interview all witnesses
- Review the truck driver’s credentials, employment history, and other details
- Secure electronic information such as phone records to determine how the accident happened
- Review maintenance and inspection records for the truck
- Determine whether all applicable state and federal laws, rules, and regulations were followed
Your legal team will also work to find other evidence that can prove liability and your resulting damages, such as:
- The truck company’s compliance with FMCSA regulations plus driver log books, safety records, and internal policies
- Statements from the truck driver’s co-workers describing working conditions and employer demands
- Expert statements indicating the extent of vehicular damage
- Your medical records and bills
- Your pay stubs and employment records
- Police reports from the incident
- Expert testimony from doctors, financial planners, and other specialists
All of this evidence will be used to prove your damages and right to compensation to the insurance company and in court if necessary.
Legal Representation For Truck Accidents In Nevada
The legal team at Benson & Bingham Accident Injury Lawyers, LLC has extensive experience navigating the complications of accidents involving trucks in Nevada. We understand the devastation and overwhelm that can happen after a truck accident and are committing to providing quality legal representation to help you obtain the financial compensation you deserve. Schedule your no-obligation consultation with our firm today!
