A negligent FedEx truck driver may slam their vehicle into yours. After this happens, it may be best to consult with a Mesquite FedEx truck accident lawyer. Together, you and your Mesquite truck accident lawyer can identify the liable party and seek the most damages possible.
FedEx Truck Regulations
At H&P Law, our legal team has more than six decades of combined experience in a wide range of practice areas. We are here to help you deal with the aftermath of your FedEx truck accident. To learn more, reach out to a Mesquite personal injury lawyer.
In the United States, FedEx and its drivers are subject to Federal Motor Carrier Safety Administration (FMCSA) hours of service (HOS) requirements. These state that truckers cannot drive for long periods of time without taking breaks. If a truck driver is operating their vehicle for an extended period of time, they may be prone to fatigue and exhaustion and cause an accident.
There are motor carrier regulations in Nevada. For example, an individual must have a commercial driver’s license (CDL) to operate a FedEx truck or any other vehicle that weighs 26,001 lbs. or more. A trucker or business that chooses not to comply with these regulations may be punished accordingly.
If FedEx or one of its drivers violates a federal or state law and causes an accident, you may hold the at-fault party accountable. At H&P Law, we make it easy to connect with a Mesquite FedEx truck accident attorney who puts your best interests front and center. For more information, get in touch with us.
Who Is Responsible for a FedEx Truck Accident
In many instances, a FedEx truck driver or the company itself may be liable for an accident. However, there are times when other parties may be at fault. Examples of defendants named in accidents include:
- Cargo loader
- Truck manufacturer
- Truck parts manufacturer
A FedEx truck accident lawyer in Mesquite can help you figure out who caused your crash. They can walk you through what you should do after a truck accident in Las Vegas and its surrounding areas. Your attorney may encourage you to file a claim for damages.
When to File a Truck Accident Claim
There is generally a two-year window for filing a personal injury claim in Nevada, per Nevada Revised Statutes (NRS) §11.190, Following a FedEx truck accident, you may have up to two years to seek damages. If you decide not to file a claim within this period, you may not be able to request compensation at a later time.
A FedEx truck accident attorney in Mesquite can help you submit your claim before you run out of time to do so. They may look at the losses you have incurred thus far and consider any future ones you may face. Your lawyer may work with you to build an argument to show that you deserve economic and non-economic damages.
You may get economic damages based on your medical bills, lost wages, and other losses that you can quantify. Non-economic damages may be awarded for your pain and suffering. Your attorney can help you calculate your damages and craft an argument designed to show a judge or jury that you deserve this amount.
Proving Negligence in a Truck Accident Case
Just because you say a FedEx truck driver or another party caused your accident is not enough to secure damages. You must make it clear to a judge or jury that a liable party was negligent. To prove this, you must show that the following elements of negligence were present at the time of your accident:
- Duty of Care: A party was legally required to act cautiously toward you and others.
- Breach of Duty of Care: The party chose to ignore their legal obligation.
- Causation: Since the party acted in a certain way, you were involved in an accident.
- Damages: You are dealing with quantifiable and subjective losses due to the party’s actions.
Your attorney wants you to get the best case results. To achieve their goal, they will help you build a body of evidence that may include accident scene photos and videos, medical records, and other forms of proof. Your evidence may help you show that you are in no way liable for your accident.
How Comparative Negligence Applies to a Truck Accident Case
Nevada has a comparative negligence statute, per NRS §41.141. Based on this statute, you may be partially to blame for a FedEx truck accident. If a judge or jury says you share the blame for your accident with another party, you may receive only a portion of the damages that you originally requested.
For instance, a judge or jury may say you are 20% at fault for your accident. At this point, the defendant in your case is 80% liable. They may be ordered to pay 80% of the damages you initially sought.
Now, consider how much money you may receive if you are found to be primarily responsible for your accident. If a judge or jury says you are more than 50% liable, this means you are more at fault than the other party. Therefore, you may not receive any damages.
Truck Accident Case Settlement
You may have questions about what is the average truck accident settlement in Las Vegas and other parts of Nevada. What a settlement offer entails depends on what the defendant proposes. You may get a settlement at any point prior to your trial, and if you do, you may want to review it with your attorney.
When you evaluate a settlement proposal with your Mesquite FedEx truck accident lawyer, you can get insights into exactly what the offer includes. Your Mesquite FedEx truck accident attorney can help you assess the proposal’s pros and cons. If your lawyer believes it may be beneficial to reject an offer, they can explain why they feel this way.
You have the final say on how to respond to a settlement offer. If you are not completely satisfied with a proposal, you may decline it. From here, you and your attorney can keep searching for ways to strengthen your case.
Hire a FedEx Truck Accident Lawyer in Mesquite
You should not take responsibility for a FedEx truck accident caused by someone else. At H&P Law, we can help you request damages from any parties responsible for your accident. To schedule a free and confidential consultation, contact us today.
