You cannot control how a delivery truck driver acts. If a trucker is negligent, they may crash their vehicle into yours. 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. We have recovered more than $100 million for our clients.
Common Causes of Delivery Truck Accidents in Pahrump
In Southern Nevada, delivery trucks are a common presence, especially in a community like Pahrump, which is more than an hour’s drive outside the big city of Las Vegas. As a result, you will see these trucks on the local roadways such as Pahrump Valley Highway and State Route 372. Some of the most common causes of delivery truck accidents in these areas include:
- Rushed drivers: Drivers rushing from one area to the next are under constant pressure to meet deadlines. That leads to mistakes as well as speeding and reckless driving.
- Inexperienced drivers: Many delivery companies lack sufficiently skilled workers, which means they often bring in new drivers, and those individuals may not have the extensive experience ideal for the situation.
- Blind spots: Delivery trucks are big and bulky, creating numerous blind spots that make it challenging for drivers to see who is around the vehicle. When changing lanes or merging, this can become a dangerous situation.
- Poorly maintained trucks: All delivery trucks require routine maintenance to prevent tire blowouts and brake failures. If either of those happens, even a skilled driver may find it challenging to maintain control over the vehicle.
- Frequent stops and lane changes: Delivery trucks make frequent stops, especially in residential areas, which increases the risk of rear-end collisions. Drivers who fail to properly warn could be at a higher risk on the roadways. Likewise, these frequent stops mean more opportunities for blind spot-related accidents to occur.
- Poorly loaded cargo: If truck companies improperly load delivery trucks, cargo may shift out of place, creating an increased risk of loss of control of the vehicle as well as debris strikes to other cars on the roadway.
In each of these situations, it is crucial for victims to have evidence that demonstrates what occurred, how it happened, and who is responsible. The more evidence available to demonstrate this, the more likely it is for you to recover fair damages in your case.
Our Pahrump delivery truck accident attorney will help you do just that. Learn more about our team today.
Delivery Truck Accident Liability
With help from a lawyer, 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 maximum damages possible from an at-fault party. To learn more, reach out to us.
How We Collect Evidence in Pahrump Delivery Truck Accident Cases
As soon as you meet with our lawyer, we will go to work building your case by collecting information and evidence to demonstrate what occurred and why. Though a police report is a starting point, it may not contain all available data to support you in proving all of your losses, especially when more than one party is involved. Some of the steps we take to collect evidence include:
- Driver truck logs: Digital logs on some delivery trucks provide a way for police and investigators to get a better insight into what was occurring at the time of the accident, such as the driver’s speed and actions.
- Witness statements: We canvas the area, speak to witnesses from the accident, and seek out anyone who saw the accident or what occurred prior to or after it. This information can help piece together what occurred.
- Accident reconstruction: Depending on the complexity of the case, it may be necessary to call in experts to provide guidance on what must have happened. Using forensic evidence like this can clarify misconceptions about fault.
- Vehicle maintenance logs: Truck companies must maintain accurate and detailed logs about repairs and maintenance to vehicles. Missing information or a lack of maintenance may be indicative of vehicle-related failures.
- Driver history: Drivers with a history of accidents, driving under the influence, or reckless driving charges can demonstrate that the delivery company knew of a risk and did not take steps to prevent poor outcomes.
Your delivery truck accident lawyer in Pahrump will work aggressively to pinpoint any evidence that demonstrates what happened, such as a witness stating they saw the driver speeding down the roadway or witnesses the driver’s inattention at intersections.
With this data, we demonstrate fault and seek legal action against those responsible. We treat every case as a unique investigation to get to the bottom of every detail possible.
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 that another party is responsible for your crash, you must verify that they were negligent. This requires you to confirm that the following elements of negligence were present at the time of your crash:
- Duty of Care: This means a party has 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 utilizing accident scene photos and videos, medical records, and other forms of evidence, they may be able to construct 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 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.
Do Not Delay in Taking Action to File Your Delivery Truck Accident Case
The Nevada statute of limitations provides victims with just two years from the date of their accident to seek compensation for their losses through a lawsuit filed in court. This statute of limitations is critical. If you wait too long, the court will not hear your case, and there is no way to recover the damages owed to you.
As your delivery truck accident lawyer in Pahrump, we aim to settle your case out of court, generally pursuing financial compensation through a settlement to keep your costs down and get your funds as soon as possible. Yet, if the insurance company is not willing to cooperate or refuses to provide you with a fair level of compensation, we will need to seek legal action in a court of law. Filing a lawsuit is something we will do when there is a need to do so.
This process takes time. At the same time, two years may seem like plenty of time, but delays from insurance companies, investigations, and your recovery process can significantly impact the amount of work required and the progress we can make in moving the case forward. Do not wait to contact us.
What to Do if Your Two-Year Timeframe Is Approaching
If you are not sure if you have missed the statute of limitations deadline or it is approaching quickly, contact our team immediately.
We will begin working on your case immediately or determine if any exceptions to this time limitation apply in your case. Do not wait any longer to seek legal action by contacting our lawyer.
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 that 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.
