Large commercial trucks are essential to the economy of Nevada and the supply chains of the United States, but they are also some of the most inherently dangerous vehicles on the road. If you recently experienced a truck accident in the Henderson area, it is natural to have lots of important questions about how you can recover and how much compensation you could foreseeably obtain from the at-fault driver.
The reality is that while truck accidents happen for many of the same reasons that standard passenger vehicle crashes happen, they often result in far worse damages. These accidents also tend to raise more difficult legal questions for the parties involved. If you find yourself in the aftermath of a truck accident caused by another party in Henderson, a truck accident attorney is the ideal resource to have on your side as you determine your most viable recovery options.
The attorneys at Easton & Easton have extensive experience with all types of personal injury claims in Henderson, including those filed in response to truck accidents. We know that you are likely to have many pressing legal questions about the proceedings ahead of you and the options you have for recovering your losses. The sooner you consult with our team, the sooner we can develop an effective strategy for maximizing your recovery.
The first major challenge you will face in your efforts to recover from a truck accident will be proving fault. You must identify the party responsible for causing the accident and prove your damages directly resulted from their actions before you can recover any compensation. Truck accidents can happen for many of the same reasons that car accidents happen, such as distracted driving, speeding, and moving violations, but large trucks present other risk factors as well.
Improperly loaded cargo is a commonly cited cause of commercial truck accidents throughout the United States. The party responsible for loading a commercial truck must ensure that the cargo is balanced and properly secured; otherwise, the truck driver may lose control of the vehicle around a sharp turn. Special types of cargo will require very specific packing and security methods, such as construction materials, oversize loads, lumber, and smaller vehicles.
Many truck accidents happen because of driver error, and it is possible for liability for this type of accident to fall to the driver alone or their employer could share fault under the vicarious liability rule. Vicarious liability applies if a driver’s employer contributed to causing the accident, such as failing to perform a proper background check on the driver or failure to ensure the driver had appropriate training and certification. Your Henderson truck accident attorney can be invaluable for the help they can provide in identifying every liable party in your case.
After proving liability for your truck accident in Henderson, you can claim compensation for the losses the defendant inflicted. Most personal injury claims filed involve economic, non-economic, and punitive damages. Economic damages are the most straightforward and include any direct financial losses the plaintiff suffered due to the defendant’s actions:
- You have the right to hold the defendant accountable for your vehicle repair or replacement costs. Insurance may cover some of these losses, and any remaining balance can be claimed with your personal injury suit.
- When you have suffered physical injuries in a truck accident, the at-fault driver’s auto insurance may only cover a portion of your medical expenses. If this applies to your case, you will need to file a personal injury claim to recover the rest of your medical treatment costs. The defendant is liable for the long-term treatment you require for serious injuries, along with all immediate medical expenses following the accident.
- If you are unable to work and earn income after your truck accident, the defendant is liable for the income you cannot earn during this time. Your Henderson truck accident attorney can help calculate all your lost wages, including your lost future earning capacity, if you are permanently disabled. The defendant will be liable for your diminished future earning potential, and your attorney can help you accurately assess these projected economic losses.
After calculating your claimable economic damages, you can proceed with claiming compensation for non-economic damages, specifically the pain and suffering you experienced from the incident. There is no limit to how much you can seek in a truck accident case, but the amount sought must reasonably reflect the severity of your condition after the accident. Punitive damages would come into play if the defendant caused your accident by breaking the law, such as driving under the influence (DUI) of drugs or alcohol. The judge overseeing the case will decide how much they must pay in punitive damages.
Easton & Easton strives to help every client we represent maximize their recovery. Any personal injury suit has the potential to cause a wide range of complex legal issues for those involved, and it is imperative that you find legal counsel you can trust as soon as possible after your accident to have the greatest chance of success with your recovery efforts. Our team is standing by to provide the representation you need in this difficult situation.
Q: How Much Can You Get From a Truck Accident Settlement in Henderson?
A: The total potential value of your truck accident claim will depend on the extent and severity of the damages you suffered. Once you have proven fault for your truck accident in Henderson, your attorney can help secure compensation for any economic losses you suffered, such as your vehicle repair costs, medical expenses, and lost income. You will also have the right to claim compensation for pain and suffering, and there is no limit to how much you can claim. An experienced Henderson truck accident attorney is the appropriate resource to consult to determine the total potential value of your case.
Q: How Do You Calculate Pain and Suffering Compensation in a Personal Injury Case?
A: Under Nevada law, the plaintiff in a personal injury suit has the right to claim as much pain and suffering compensation as they believe to be appropriate to reflect the severity of their experience. Your attorney might help calculate an amount based on the time it takes for you to recover, or they may seek a large lump sum if you sustained any serious injuries. For many truck accident victims in Henderson, their pain and suffering compensation eclipses the total of the compensation they obtain for their economic damages.
Q: How Long Do I Have to File a Truck Accident Claim in Henderson?
A: State law upholds a two-year statute of limitations on personal injury claims, and this time limit starts on the date a personal injury occurs. However, recovery from your truck accident is likely to require an auto insurance claim as well, and you have a much shorter timeframe in which to file your claim. It’s vital that, as soon as possible after your accident, you consult a Henderson truck accident attorney who can help meet all the filing deadlines that will apply to your recovery efforts.
Q: Do I Really Need to Hire an Attorney for My Truck Accident Claim?
A: Even if the fault for your recent truck accident in Henderson appears perfectly clear, the reality is that many variables can potentially influence your case award and affect your recovery. You could encounter unforeseen issues that you will not know how to resolve on your own, and handling your case by yourself would mean risking settling for less than an attorney could have obtained for you. It is always worth hiring legal counsel you can trust to increase your chances of success with any civil claim for damages.
Q: What Does It Cost to Hire a Henderson Truck Accident Attorney?
A: It is understandable to worry about how much it might cost you to hire legal representation for your truck accident claim, but when you choose Easton & Easton, you will only part with a percentage of your final case award as our fee. We accept personal injury cases on contingency, meaning our firm takes a percentage of the final case award we win for our client, and only after winning their case. We take nothing if we are unable to secure compensation for you, so there is no risk to you in choosing our firm to represent you.
Easton & Easton has years of professional experience in personal injury law and has successfully represented many past clients in a wide range of complex vehicle accident cases. Truck accidents are particularly challenging not only due to the fact that they often cause far worse damages than standard passenger vehicle accidents but also raise more complex questions of liability for those involved. If you need legal counsel you can trust to help with your impending case, contact Easton & Easton today to make an appointment for a consultation with a Henderson truck accident attorney.