Commercial trucking accidents can be traumatic and devastating for all involved parties. If you were critically injured and someone else’s recklessness was the cause of your collision, taking legal action may be the best way for you to demand justice and recover the compensation you are going to need to get through these difficult times. Thankfully, you do not have to go through it alone.
A trial-proven Summerlin semi truck accident lawyer from H&P Law is available 24/7 to help you hold the liable party accountable. With a top-rated Summerlin truck accident lawyer on your side, the claims process does not need to be confusing. Contact our office to request a 100% free consultation today and discuss how your accident occurred, who should be found liable for your injuries, and how to maximize your payout.
The Type of Semi-Truck Accident Could Reveal Liability
Semi-truck accidents can take multiple forms. Your Summerlin personal injury lawyer will need to examine the type of accident you were involved in to help uncover the identity of the liable party. Some of the most common types of semi-truck accidents include:
- Drunk driving semi-truck accidents
- Rear-end collisions
- Jackknife truck accidents
- Sideswipe truck accidents
- Semi-truck rollover accidents
- Distracted driving semi-truck accidents
- Head on collisions
Once we know how the accident occurred, we will better understand who could be held accountable. For instance, in semi-truck rollover accidents, we may look to vehicle manufacturers for liability. Conversely, if your semi-truck accident was caused by a drunk truck driver, we will look to the trucker and the trucking company that employs them for culpability.
Summerlin Semi Truck Accident FAQ
How Do FMCSA Rules Impact My Semi-Truck Accident Claim?
The Federal Motor Carrier Safety Administration (FMCSA) has specific rules and regulations that trucking companies and drivers must follow. When they violate these rules, the FMCSA can impose serious sanctions, including fines and even shutting the company down in extreme circumstances. One of the most common violations is hours of service violations, as described under 49 CFR 395.
Here, truck drivers are prohibited from operating their semi-trucks for more than 14 hours at a time. Truck drivers must also have a minimum of 10 hours off between shifts. If a trucking company is forcing truckers to violate these rules to further their own financial goals, the trucking company, truck driver, and other relevant parties could be found liable for your damages.
What Is the Maximum Amount of Time I Have to File a Lawsuit?
The maximum amount of time you have to file a semi-truck accident lawsuit is based on the Nevada personal injury statute of limitations. According to NRS §11.190(4), the statute of limitations generally expires two years from the date of the collision. However, if you did not receive an immediate diagnosis, the statute of limitations would not start counting down until the day you were officially diagnosed with an injury related to the accident.
Similarly, if the truck driver who hit you fled the state, the statute of limitations would not start counting down until they were back in the state. It could be confusing to understand how much longer you have to file your claim. If you are unsure how much time you have left, do not hesitate to contact a dedicated Summerlin car accident lawyer with H&P Law for answers.
Will I Need to Go to Court?
You may be able to avoid going to court. It depends on the extent of the liable party’s insurance coverage. Nevada follows fault-based insurance laws per NRS §485.185.
This means you will file a claim against the at-fault party’s insurance policy. If the insurance settlement is not enough to cover the full value of your damages, going to court may be your best option. This occurs often because the insurance company is only required to compensate injury victims for the maximum amount of insurance coverage purchased by the liable party, not the total value of the injury victim’s damages.
What Are Punitive Damages?
Punitive damages are discussed extensively under NRS §42.010. While you may have hoped for punitive damages to be awarded in your case, the truth may surprise you. Punitive relief is not a compensatory loss, which means you are not entitled to recover these damages in court.
The court has the discretion to determine whether punitive damages should be issued. Typically, the defendant must have been grossly negligent, abhorrent, or intended to cause your injuries for punitive damages to be considered appropriate. A semi-truck accident lawyer in Summerlin will review the circumstances of your case to determine whether punitive relief could be expected in your case.
What Types of Evidence Do I Need to Win my Personal Injury Lawsuit?
When building a powerful semi-truck accident case against the liable party, we are going to need compelling evidence. This is because the burden of proof is based on a preponderance of the evidence per NRS §233B.0375. The evidence presented must be powerfully convincing and demonstrate to the jury that the defendant is more than likely responsible for causing the trucking accident.
A Summerlin semi-truck accident attorney will likely hire accident reconstructionists who can provide compelling reports, call on police and first responders to testify, and obtain statements from witnesses to the collision. Our team will also need to analyze the 18-wheeler’s black box data to provide information about how fast the truck was going, whether they were accelerating or decelerating at the time of the wreck, and other important details. You may be able to help build your case against the liable party by taking photos at the accident scene and collecting as much evidence as you can before you obtain a medical evaluation.
Turn to a Reputable Semi Truck Accident Lawyer in Summerlin for Help Today
The trauma of your semi truck accident may have a lasting impact on your life. But your injuries do not need to define your future. With a dedicated semi truck accident attorney in Summerlin from H&P Law on your side, you can build a brighter tomorrow.
This is your opportunity to make the at-fault party pay and recover maximum compensation for your damages. You should not be forced to cover even a single dime in expenses if someone else is to blame. When you are ready to demand justice, fill out our online contact form or call our office to schedule your free, no-obligation consultation as soon as today.
