You cannot control how a delivery truck driver acts. If a trucker is negligent, they may crash their vehicle into yours. At this point, you may want to partner with a Pahrump truck accident lawyer who can help you evaluate your legal options.
At H&P Law, our legal team is courtroom-proven and client-praised. Our Pahrump delivery truck accident lawyer is available to discuss your case. Contact us today to get started.
Delivery Truck Accident Liability
With help from a delivery truck accident lawyer in Pahrump, you can identify who is liable for your crash. Our Pahrump personal injury lawyer can look at the facts surrounding your collision. They may help you determine fault and request compensation from the liable party.
A trucking driver or their employer may be at fault for your accident. However, there are times when a driver works as an independent contractor. At these times, it may be difficult to determine who is liable for a crash.
H&P Law has an outstanding track record with trucking accident cases. Our delivery truck accident attorney in Pahrump may help you pursue the most damages possible from an at-fault party. To learn more, reach out to us.
Delivery Truck Laws and Regulations
The Federal Motor Carrier Safety Administration (FMCSA) has regulations in place for delivery truck drivers and their employers. A trucker and their employer must comply with these requirements — without exception. Some of the rules trucking drivers and businesses must follow include:
- Hours of Service: A truck driver cannot operate a vehicle for a long period of time without taking breaks.
- Insurance Coverage: A trucking business must have a sufficient amount of insurance to cover losses relating to a truck crash.
- Truck Driver Qualifications: A trucker must have a valid commercial driver’s license (CDL) and meet other criteria to legally work as a delivery truck driver.
- Vehicle Safety: A trucking company must address truck safety issues before a driver is allowed to operate a vehicle.
You may suffer an injury in a trucking accident in which a trucker or their employer broke the law. If this happens, you may want to seek legal help. A Pahrump delivery truck accident attorney may be able to help you figure out who is responsible for your crash so you can seek damages from any at-fault parties.
Delivery Truck Crash Damages
Your attorney wants you to achieve the best possible case results. They may encourage you to pursue economic and non-economic damages for quantifiable and subjective losses. Reasons why damages may be awarded in a truck collision case include:
- Lost wages
- Medical bills
- Pain and suffering
- Property damage
Just because you ask for damages does not guarantee you will receive any. Your lawyer can help you build an argument that shows you are in no way at fault for your trucking collision. If your attorney succeeds, you may compel a judge or jury to award 100% of the damages you are requesting.
Proving Fault in a Delivery Truck Collision Case
Your attorney can explain what you should do after a truck accident to prove fault. To show another party is responsible for your crash, you must verify they were negligent. This requires you to confirm the following elements of negligence were present at the time of your crash:
- Duty of Care: This means a party had a legal obligation to act cautiously toward you and others.
- Breach of Duty of Care: The party acted carelessly and recklessly, violating their duty of care.
- Causation: Since the party acted in a certain way, they caused your accident.
- Damages: You are dealing with economic and non-economic losses due to the party’s actions.
Your lawyer may help you build a body of evidence to support your case. By using accident scene photos and videos, medical records, and other forms of proof, they may be able to prepare a compelling argument. Along with this, your delivery truck accident attorney in Pahrump can file your claim in accordance with Nevada’s statute of limitations.
When to File a Delivery Truck Accident Claim
Your attorney can walk you through the steps of how to file a truck claim in Nevada. Generally, there is a two-year window for submitting a claim based on an injury. If you do not request damages within this period, you may not be able to do so at a later time.
Even if you have a legitimate claim, an at-fault party and their insurer may contest it. For example, an insurance provider may reach out to you on behalf of the party responsible for your delivery truck crash. The provider may try to get you to speak about your accident and accept blame for it, which may allow their client to be able to avoid paying you damages.
Once your claim is filed, your attorney may help you navigate the legal process. They may help you negotiate a settlement. If no settlement is reached, your attorney may represent you during your trial.
Comparative Negligence in a Delivery Truck Crash Case
Per Nevada Revised Statutes (NRS) §41.141, there is a comparative negligence rule that applies to injury cases. If you are found to be partially responsible for your truck crash, a judge or jury may reduce the damages it awards you based on your percentage of fault. In addition, if you are primarily at fault for your trucking collision, you may be ineligible to receive damages.
For instance, a judge or jury may find you are 10% at fault for your truck accident. If this happens, you may receive 90% of the damages you originally requested. On the other hand, if you are determined to be 51% responsible for your trucking crash, you may not get any compensation.
Your lawyer advocates for you and represents your best interests throughout your litigation. They will search for ways to show a judge or jury the defendant in your case is fully responsible for your trucking collision. Also, your attorney can help you contest any claims made by the defendant or their attorney.
Hire a Pahrump Delivery Truck Accident Lawyer
H&P Law is a trusted choice for those in need of legal help with a personal injury case. Our Pahrump delivery truck accident attorney can address your legal concerns and questions. To schedule a free and confidential case consultation, contact us today.
