One day, you are driving your car, and a negligent trucker slams their vehicle into yours. At this point, you may have to deal with an injury, along with costly medical bills and other accident-related losses. With help from a Sunrise Manor truck accident lawyer, you can pursue damages from the liable party.
H&P Law has more than six decades of combined legal experience on our team. Let our Sunrise Manor personal injury lawyer help you with your case. Contact us today to schedule a free case consultation.
Truck Laws
The Federal Motor Carrier Safety Administration (FMCSA) has hours of service (HOS) regulations. Based on these, a trucker can only spend a certain amount of time behind the wheel before they are legally required to take a break. If a truck driver violates these requirements, they are prone to fatigue and exhaustion, which can lead to an accident.
Along with HOS requirements, there are commercial driver licensing regulations in Nevada. An individual must have a commercial driver’s license to operate a large truck. Much in the same vein, a truck company must make sure that each of its drivers has a valid license.
If a truck driver or their employer does not follow state or federal laws, they can be held accountable. At H&P Law, our Sunrise Manor truck accident attorney can help you ask for damages if you are involved in an incident in which any laws are violated. To learn more, reach out to us.
What to Do if You Are Involved in a Truck Accident
You may have no idea about what to do in the moments after your accident. First, call 911 to get help. This will bring medical professionals and police officers to the accident scene to assist you and anyone else involved in the incident.
Go to a hospital, since this will allow you to undergo a medical evaluation and treat your injuries. Speak with the police, as this will allow you to explain what happened and get an accident report down the line. In addition, do not take the blame for your accident — if you do, you could compromise your chances of getting damages.
In the days after your accident, meet with a truck accident lawyer in Sunrise Manor. Choose an attorney who has achieved outstanding case results. Your attorney can help you decide if now is the right time to submit a claim for compensation.
When to File a Lawsuit
The Nevada statute of limitations for an injury case is generally two years. If you got hurt in a truck accident, you may have up to two years from the date of the incident to sue a liable party. After two years, you may be solely responsible for your injury-related losses.
A truck accident attorney in Sunrise Manor understands the statute of limitations and how it relates to your case. They will not wait to submit your claim. Once your lawsuit is filed, they can help you prove that you deserve economic and non-economic compensation.
You may be awarded economic damages for your medical costs, lost wages, and other losses you can quantify. A judge or jury may provide non-economic compensation for your pain and suffering. Your lawyer will prepare an argument designed to compel a judge or jury to award you 100% of the damages you request.
Who Is Responsible for a Truck Accident
A truck driver may be liable for your accident. In some instances, fatigue and its role in Nevada truck accidents is significant. If a trucker feels tired, they may make a mistake that leads to your accident, and you may pursue damages from them.
Alternatively, a truck company or manufacturer may be at fault. There are also instances where a cargo loader or another party is liable. With help from your attorney, you can identify any at-fault parties and submit your claim accordingly.
Asking for and getting damages are two very different things. Even if you figure out who is liable for your accident, you are responsible for proving they are negligent. Your Sunrise Manor truck accident attorney can work with you to gather evidence to prove negligence.
Negligence in a Truck Accident Case
Just because you have accident scene photos and videos, medical records, and other forms of proof does not guarantee you will get damages. You must prove that an at-fault party was negligent. To do so, you must show that the following elements of negligence were present at the time of your accident:
- A party had a duty of care, which refers to a legal obligation to avoid acts that could put you and others in danger.
- The party breached this duty by committing a careless and reckless act.
- This party’s actions led to your accident.
- In your accident, you suffered economic or non-economic losses.
There is also comparative negligence in Nevada that should be considered. If a judge or jury finds you to be more than 50% at fault for your accident, you cannot recover damages. Or, if the court says you are 1-50% liable, what you receive in damages may be reduced by your percentage of fault.
Truck Accident Case Settlement
You may have an opportunity to resolve your case outside the courtroom. For instance, the defendant in your lawsuit may be overwhelmed by your body of evidence. This may prompt the defendant to propose a settlement.
If you get a settlement offer, it may be best to discuss the proposal with your Sunrise Manor truck accident lawyer. You have the final say on what to do with a settlement. With help from your attorney, you can evaluate a proposal in detail and consider the short- and long-term effects of any decision you make on it.
You may wonder if a settlement is best for your Nevada personal injury lawsuit. With your attorney’s assistance, you can get insights into an offer and whether it is in your best interests to accept it. If you are not fully satisfied with a proposal, you may decline it and continue with your litigation.
Partner with a Lawyer
Following a truck accident, requested legal help from the team at H&P Law. We can evaluate your case and go over your legal options with you. Contact us today to schedule a confidential case consultation.
