When a fully loaded cargo truck collides with a much smaller passenger vehicle, the results are often catastrophic. You may suffer severe, life-altering injuries that require extensive medical treatment, rehabilitation, and time away from work. If you feel overwhelmed and unsure of what to do next, a Pahrump cargo truck accident lawyer can guide you on the next step.
One of the most important steps is to consult with a Pahrump truck accident lawyer. Having legal representation means you can get a thorough investigation of the crash, gather critical evidence, and build a strong case on your behalf. Our team at H&P Law can handle all communications with insurance companies and fight tirelessly to secure the potential compensation you need to move forward after a devastating wreck.
How Liability Can Be Determined in a Cargo Truck Accident
There can be multiple parties who may hold some responsibility beyond just the truck driver. The trucking company, cargo owner, maintenance provider, and even truck or parts manufacturers could potentially be held liable, depending on the circumstances. Some key factors that are examined when establishing liability include the following:
- Whether the truck driver was appropriately licensed and trained
- If truck maintenance, loading procedures, and driving logs were up to standards
- The possibility of mechanical failures or defective parts playing a role
You will need a thorough investigation of the accident to build a strong case. This would include gathering evidence from the crash scene, police reports, witness statements, electronic data, and any other information to strengthen the case. Expert analysis may be needed to prove how the collision occurred and who is ultimately responsible. Our Pahrump personal injury lawyers will help you understand your case.
The Potential of Receiving Compensation When Partially at Fault
Even if you believe you may be partially at fault for a cargo truck accident, you could still be entitled to recover compensation under Nevada law. The state follows a modified comparative negligence rule, which means you can receive damages as long as your portion of the fault is 50% or less. However, your awarded compensation would be reduced in proportion to your assigned percentage of blame.
For instance, if it were determined that you were 30% responsible for an accident and the total damages amounted to $100,000, you would be eligible to recover $70,000, which is the total amount less your share of fault. If you were 55% responsible, you would be barred from collecting any compensation. A cargo accident lawyer in Pahrump can help determine to what degree, if any, you may have contributed to the accident.
It’s important to note that Nevada law doesn’t require fault to be shared. If the other party is determined to be 100% liable, you can seek full damages. Trucking firms and their insurers frequently attempt to shift excessive blame onto accident victims to avoid liability. Your attorney can collect evidence and form a solid case to potentially protect you from any unfair accusations of fault.
Possible Forms of Compensation You Can Claim with the Help of a Pahrump Cargo Truck Accident Lawyer
The particular compensation you can obtain will depend on the details of the accident and the extent of your injuries. A cargo truck accident attorney in Pahrump can evaluate your situation and seek every potential form of compensation for you. Potential damages may include the following:
- Medical expenses (past, present, and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Property damage
In cases of particularly egregious misconduct, such as drunk driving, you might also be able to seek punitive damages. They are intended to penalize the party at fault and discourage similar conduct in the future. Your lawyer can help determine if this form of compensation may be available based on the facts of your case.
Common Causes of a Cargo Truck Accident
Cargo truck accidents can happen for various reasons. However, some causes are more common than others. The most frequent causes include the following:
- Driver fatigue plays a significant role in accidents, along with distraction, speeding, aggressive driving, or impairment from drugs or alcohol
- Inadequate training and supervision by trucking companies
- Improperly loaded or secured cargo
- Insufficient truck maintenance
- Defective vehicle components
Long hours on the road and pressure to meet delivery deadlines can lead to truckers making poor decisions behind the wheel. Employers are responsible for properly screening drivers, providing sufficient training, and ensuring hours of service regulations are followed. Failing to do so puts everyone on the road at risk.
Timeframe to File a Case in Nevada
When considering legal action following a cargo truck accident, it is critical to understand the statute of limitations. This is the window of time you have to formally file a lawsuit. Once this deadline passes, you essentially lose your right to bring a case.
In Nevada, the statute of limitations for most personal injury claims, including truck accidents, is two years from the date of the injury, according to Nev. Rev. Stat. §11.190(4). However, some rare exceptions can extend or shorten this timeframe. Claims against government entities have shorter notice requirements.
To protect your rights, it’s best to consult with an attorney as soon as possible after an accident. They can ensure all filing deadlines and procedural requirements are met. The sooner you have legal representation, the faster they can get to work building your case and making sure you have all the necessary proof lined up.
Contact a Cargo Truck Accident Lawyer in Pahrump
If you have sustained injuries in a cargo truck accident, seeking help from a Pahrump cargo truck accident attorney is crucial. You might be dealing with escalating medical expenses, loss of income due to missed work, pain and suffering, and other losses. You have the right to fight for your possible entitlement to comprehensive and fair compensation.
It is important to work with a lawyer who has a track record of successfully handling complex commercial truck accident claims. Contact our team today to start with a free consultation. From there, we can help determine the next step that can benefit you the most based on the circumstances of your case.
