An encounter with a big rig can alter your life forever. Cargo trucks are a needed part of the community, but the trucks and their drivers pose significant risks on the road. Any traffic accident with a tractor-trailer will cause more direct and collateral damage, preventing you from living your everyday life.
If you or a loved one is in a truck accident, you need an experienced Henderson truck accident lawyer immediately. Many local attorneys may be well-versed in car accidents, but it takes a specialized skillset in trucking law to fight for you. Without a Henderson personal injury lawyer, you are vulnerable to being taken advantage of and left without appropriate compensation.
Truck Accident Statistics
In the most recent reporting year, the number of large trucks involved in crashes that caused injury increased by 11%, leaving over 150,000 people hurt on the road. This can happen for several reasons:
- Commercial trucks have large blind spots.
- Improperly secured cargo loads can make it difficult for trucks to maintain their lane or prevent cargo from falling out of the car, causing damage and injury.
- Improperly maintained vehicles can cause brakes and other mechanisms to work inefficiently.
- Driver negligence if the driver is overly tired, does not follow appropriate guidelines, or does not pay attention.
Some factors that exacerbate the severity of accidents are:
- Size: Commercial trucks are typically around 80,000 pounds, but Nevada law can allow some trucks to weigh as much as 120,000 pounds, according to the Federal Highway Administration (FHWA). When a vehicle of this size collides with the average car, damages are significantly more than in a typical accident.
- Speed: Larger trucks carrying a bigger load can find it hard to stop quickly, resulting in crashes at higher speeds.
Many people will choose not to contact an attorney after an accident because they do not think they have sustained injuries or the situation is not ‘bad enough.’ It is important to note that the full extent of physical injury might not appear for several days after an accident. This delay could cause valuable evidence in your case to be lost.
Truck Accident Fatalities
Fatalities in truck accidents have increased by 18% in the last reporting year, with 59 trucks involved in a fatality in Nevada alone. If you have a loved one who has been killed in a truck accident, you may be eligible for further compensation in a wrongful death claim. NRS Code 41.085 allows for the victim’s heir to take action to receive compensation for damages.
Potential Damages for a Henderson Truck Accident Claim
After a serious accident, a skilled attorney can help you evaluate the extent of your economic and non-economic damages. Economic damages may include exact financial loss, be it property or loss of income. Non-economic damages will involve elements of an accident that are non-tangible, like pain and suffering:
Damages may include:
- Reimbursement for medical expenses
- Lost wages if you are unable to work
- Diminished earning potential due to injury
- Pain and suffering damages
- Emotional distress
- Possible punitive damages
It is vital to contact a truck accident lawyer in Henderson when a collision occurs. Most trucking companies have teams of lawyers available to support the company and deny liability in the event of an accident. You will need someone well-versed in the best processes to reach the highest possible compensation goal.
Steps Your Henderson Truck Accident Attorney May Take
Your lawyer will be familiar with many pieces to a truck accident claim. This experience will help them support your case and make the argument for awarding you the highest compensation possible. These are some essential pieces they may decide to investigate to determine every possible cause of the accident:
- Information about the truck driver
- Maintenance records
- If the truck is owned by the individual, trucking company, or leased
- Parties that loaded the cargo
- Employment eligibility records of the driver
- Driver drug tests
- Driving logs
- Electronic data communicated between the truck and the trucking company
Your attorney may also choose to take steps to investigate compliance with the Federal Motor Carrier Safety Administration (FMCSA) hours of service guidelines. This may include checking logs regarding their daily and weekly driving limits, ensuring that all breaks and off-duty time requirements are met, and following up to ensure that adequate sleep has been logged. Our attorneys are prepared to diligently investigate these avenues to obtain the maximum possible compensation.
Comparative Negligence Laws in Nevada
If you are concerned about being partially at fault, you may still make a claim and be awarded a reduced sum. Due to Nevada’s comparative negligence laws, even if you are partially at fault for the accident, you might still be eligible for proportionate compensation. These laws make room for partial fault and, therefore, partial compensation.
An example of this would be if you are speeding and hit someone turning out in front of you. You might be partially liable because you were speeding, but the other person would be primarily liable because they failed to yield. So, if your total awarded compensation was $100,000.00, you may only be awarded $80,000 if you were deemed 20% at fault.
This would allow you to seek partial compensation, even if you were deemed partially at fault. If your liability is less than 50%, your attorney may continue to build your case to secure compensation. Do not let concern of liability deter you from reaching out for a free case consultation.
Connect with a Henderson Truck Accident Attorney Today
Finding yourself or a loved one victim of a collision with a truck can be a life-altering event. Even ‘little’ damage when facing an 80,000+ pound vehicle can be catastrophic. Don’t let yourself be unprepared when injured, financially struggling, or worse.
A H&P Law truck accident attorney in Henderson can help you get the compensation you are owed and start to get your life back. We service the entire Vegas Valley region and offer virtual options. Contact us today for a complimentary consultation.