If a FedEx truck driver causes an accident and you suffer an injury during this incident, you have legal options to hold this individual accountable. Partner with a Summerlin FedEx truck accident lawyer. Next, you and your attorney can calculate your quantifiable and subjective losses and request damages.
With more than six decades of legal experience on our team, H&P Law knows how to handle a FedEx truck collision case. Let a Summerlin truck accident lawyer from our team help you. Schedule a free case consultation.
Who Is at Fault for Your Accident
A FedEx truck driver or their employer can be liable for your accident. There are also times when a third party is at fault. A Summerlin personal injury lawyer reviews the facts of your case and determines who is responsible for the incident.
You may have questions about whether Nevada is a no-fault state for truck accidents. As an at-fault state, you can hold another party liable for their negligence. If a FedEx truck driver or someone else is responsible for your accident, you may get compensation through an insurance claim.
The team at H&P Law can walk you through the process of how to file a truck accident claim in Nevada. We can negotiate with an insurance company on your behalf and put you in a great position to receive fair compensation. Contact us for more information.
What to Expect If You File a Claim
Auto insurance is a requirement for all Nevada motorists. After a FedEx truck accident, notify your insurance provider. From here, your insurer can connect with a liable party’s insurance carrier to determine who is at fault.
Ideally, your insurance company finds the other party is fully responsible. You recover compensation for your accident-related losses. Finally, you get your compensation and move past your accident.
Unfortunately, an at-fault party’s insurance company can dispute your claim. Rather than deal with this scenario on your own, work with a FedEx truck accident lawyer in Summerlin. If necessary, your attorney can file an injury lawsuit designed to help you secure maximum compensation.
How to Sue FedEx for Your Accident
A FedEx truck accident attorney in Summerlin can explain the process of submitting a lawsuit. They can tell you how to file a truck accident lawsuit in Nevada and what can happen at each stage of your litigation. If your attorney believes a lawsuit is warranted, they will explain their reasoning and help you determine the best course of action.
The Nevada statute of limitations for an injury lawsuit is two years. Based on this, you may have up to two years from the date of your truck accident to sue FedEx or any other liable parties. After this period elapses, you could be 100% responsible for your accident-related losses.
Your lawyer builds your argument carefully. They will gather a wealth of evidence to support your case. If you have a compelling body of evidence, a judge or jury may be inclined to offer the most damages possible.
Evidence You Can Use in Your Case
Proof plays an important part in your case’s success. Ultimately, FedEx or any other liable parties want to disprove your argument. You can use a wide range of evidence to dispute a defendant’s case against you, including:
- Accident scene photos and videos
- Medical records
- Pay stubs
- Witness statements
- Police report
- Truck driver’s employment records
Getting the best case results requires a strong argument. If you have proof, your lawyer can make it clear to a judge or jury that you should not be blamed for your accident. Along with this, your evidence may help you get a settlement that meets your expectations.
Damages You Can Get in a FedEx Truck Accident Lawsuit
A judge or jury can award economic and non-economic damages based on the harm you suffer in your accident. What you receive in damages depends on the strength of your argument and other factors. Reasons you may recover damages include:
- Car repairs or replacement
- Lost wages
- Medical bills
- Pain and suffering
- Loss of enjoyment
Instead of paying full damages, an at-fault party or their insurance company may offer a settlement within days of your FedEx truck accident. If this happens, notify your lawyer. Together, you and your Summerlin FedEx truck accident attorney can evaluate the offer and weigh its pros and cons.
Proving Negligence in Your Case
You expect an at-fault party to take accountability for their actions. Yet, in a FedEx truck crash, a liable party may try to blame you for the incident. It is your responsibility to prove an at-fault party was negligent and to do so, you will have to show that the following elements of negligence were present at the time of your accident:
- Duty of Care: A party was legally obligated to avoid acts of carelessness and recklessness, as these could put you and others in danger.
- Breach of Duty of Care: The parties violated their duty of care by committing an act of carelessness and recklessness.
- Causation: Because of the party’s actions, you were involved in an accident and got hurt.
- Damages: You are dealing with economic or non-economic damages as a result of the party’s actions.
Your lawyer works diligently to prepare an argument that verifies the other party is responsible for your accident. If they succeed, a judge or jury will agree with your argument. This may lead the court to order the defendant to cover all of your accident-related losses.
How Contributory Negligence Can Affect Your Damages
There are instances when plaintiffs are to blame for personal injuries. As an example, a FedEx truck driver may say you are partly liable for an accident. If a judge or jury rules you are partially at fault, you may receive only a portion of the damages you request or no compensation at all.
In Nevada, you can recover damages if you are not more than 50% at fault for a FedEx truck accident. For instance, a judge or jury finds you are 10% liable for your accident. You may recover 90% of the damages you initially sought.
Alternatively, consider what can happen if you are found to be 51% liable for an accident involving a FedEx truck. You are more at fault for the incident than the other party. Thus, you may be ineligible to receive damages.
Hire an Experienced Summerlin Truck Accident Attorney as Your Legal Representative
H&P Law understands what problems can come up as you seek damages after a FedEx truck accident. Have a lawyer from our team assist you with your insurance claim or injury lawsuit. Request a free consultation.
