Seek legal help if you are injured in an 18-wheeler collision. If someone else is liable for the incident, hold them accountable for your losses. An Aliante 18-wheeler accident lawyer serves as your legal representative and advocate. They help you get money from the responsible party.
H&P Law has obtained more than $100 million in compensation for our clients. Trust an Aliante truck accident lawyer from our team to handle your legal matters while you recover from your crash. Schedule a free case consultation with us to get started.
Why You Should Hire a Lawyer After a Truck Driver Slams Their Vehicle into Yours
What you do after an 18-wheeler accident can impact you for a long time. If you do nothing, you take responsibility for the incident. On the other hand, you can file a claim for compensation from anyone at fault. By doing so, you could receive compensatory damages for your quantifiable and subjective losses.
A lawyer puts your best interests and legal rights front and center. They can submit your compensation request. Ideally, your lawyer gets money for you through an insurance claim. If no insurance settlement is reached, they can bring your case to trial.
The H&P Law team brings more than 60 years of combined experience to your personal injury case. Let an Aliante personal injury lawyer from our team guide you through the legal process. Request a free case consultation with us.
How an Aliante 18-Wheeler Accident Claim Works
The Nevada Revised Statutes (NRS) puts a limit on how long you have to file a claim after you get hurt due to someone else’s actions. Per NRS 11.190, the statute of limitations is two years. An 18-wheeler accident lawyer in Aliante can submit your compensation request within two years of your collision.
Your attorney calculates your personal injury settlement value. From here, they file your claim and gather accident scene photos, witness statements, a police report, and other evidence to support it. Your lawyer negotiates with the liable party’s insurance company. They keep you updated about their negotiations.
Just because your lawyer engages in truck crash settlement negotiations does not mean you will receive a fair offer from an at-fault party’s insurance company. Your attorney may advise you to proceed with a lawsuit if you do not get a settlement that matches your expectations.
What to Expect if You File an 18-Wheeler Accident Lawsuit
Your 18-wheeler accident attorney in Aliante focuses on getting the case results you want. They commit time and resources to craft an argument that will resonate with a judge or jury. At the same time, they remain open to settlement negotiations.
Leading up to your trial, your attorney collects evidence from a wide range of sources. They learn about your accident and look for ways to make it clear to a judge or jury that a liable party should be held responsible for your losses.
If you have an abundance of proof, a liable party may be inclined to settle. They may propose a settlement at any point before your trial. Meanwhile, you have the right to seek justice and damages. If you want to bring your case to trial, your lawyer can do just that.
How to Prove Negligence in an 18-Wheeler Accident Case
Negligence plays an important role in the success of your truck crash case. Your lawyer wants to prove that a liable party was negligent. To achieve this goal, they build an argument around the following elements of negligence:
Duty of Care
If a party has a duty of care, it is reasonable to avoid any acts that could put others in danger. For example, an 18-wheeler driver and their employer must comply with hours of service (HOS) regulations. If either party chooses not to do so, they can cause an accident in which motorists or pedestrians get injured or killed.
Breach of Duty of Care
A party violates its duty of care when it decides to commit an act of recklessness or negligence. If a trucker drives faster than the posted speed limit or breaks the law in any other way, they are breaching their duty of care toward others.
Causation
A person can cause an accident because they violated their duty of care by committing a reckless or careless act. This party may be responsible for the incident, as they chose not to take measures to protect themselves and others from harm.
Damages
You can recover economic and non-economic damages if your lawyer proves that a liable party breached their duty of care, causing your 18-wheeler accident and all associated losses. In this instance, you may receive damages based on your medical bills, lost wages, pain and suffering, and other harm that you have endured.
According to NRS 41.141, Nevada has a comparative negligence rule, which can affect the outcome of your 18-wheeler case. With comparative negligence, you may be held partly liable for your 18-wheeler crash. If you are 1-50% to blame, a judge or jury may reduce your damages by your percentage of liability. When you are primarily liable, you may not get damages.
Who Can Be Held at Fault for an 18-Wheeler Accident?
A trucker is often responsible for a truck accident. For instance, a truck driver takes their eyes off the road. This driver is distracted and, as such, does not see a car in front of them in enough time to bring their truck to a complete stop. This results in an accident, and the truck driver may be liable.
There are times when a truck company is at fault for a trucking collision. If a truck company does not vet or train its drivers, the business could be responsible if one of these individuals is involved in an accident.
A cargo loader, a truck maintenance company, a government entity, and other third parties can sometimes be liable for 18-wheeler collisions. Talk with a truck accident attorney about your 18-wheeler crash. Your lawyer looks at the facts of your accident to determine who is liable. Next, they can help you get damages from any at-fault parties.
Speak with Experienced 18-Wheeler Accident Attorneys in Aliante
At H&P Law, we know how overwhelming it can be to deal with the aftermath of an 18-wheeler accident alone. If you are weighing the pros and cons of taking legal action against any parties responsible for your 18-wheeler collision or are ready to file a claim or lawsuit, we are here to help.
Contact our Aliante 18-wheeler accident attorneys today to learn more about why we’re courtroom–proven and client–praised.
