Commercial trucks are crucial parts of the economy and supply chain of the United States. Many businesses in the Summerlin area rely on commercial truck drivers every day, and most drivers in the area encounter these large vehicles while driving without experiencing any issues. However, truck accidents do occur for a multitude of reasons, often resulting in far worse damages than you could expect from a standard car accident.
If you or a family member recently sustained injuries and economic losses in a truck accident that someone else caused, you need legal counsel you can trust to help ensure accountability for the at-fault driver and to recover the compensation you rightfully deserve. The attorneys at Easton & Easton have extensive professional experience helping clients in Summerlin with all types of personal injury cases, including those pertaining to truck accidents. If you need professional legal representation for your impending case, our team is standing by to assist you.
The first challenge the victim of a truck accident faces as they seek compensation for their damages is proving liability for the crash. Nevada is a fault state when it comes to vehicle accidents, meaning the driver at fault is responsible for all resulting damages, and their auto insurance will go toward paying a victim’s damages. However, before you can claim against an at-fault driver’s insurance and/or file a personal injury claim against them, you must be prepared to prove liability for the accident.
Truck accidents happen due to many of the same causes as all other vehicle accidents, but there are also a few unique risk factors concerning commercial trucks that you must understand. First, truck drivers and their employers must abide by strict industry regulations. Failure to abide by these regulations can potentially cause an accident and lead to liability for resulting damages. A few of the most commonly cited causes of commercial truck accidents in the Summerlin area include:
- Truck driver error. If a truck driver is negligent in handling their commercial vehicle, liability for resulting damages could fall to them and/or their employer under the rule of vicarious liability. This will apply if their employer shares fault for the accident, such as failure to perform a background check or ensure proper training for the driver before assigning them a delivery route.
- Imbalanced cargo. A large tractor-trailer needs to have balanced cargo; otherwise, the driver could lose control of the vehicle in certain situations. Special cargo like smaller vehicles, construction materials, and oversized loads also have special loading rules. The party responsible for loading a truck could be liable for an accident if they did not follow proper procedure in loading the vehicle.
- It is dangerous for any driver to exceed posted speed limits, but this is especially true for drivers of large commercial vehicles. Speeding reduces the time and distance a driver has to slow down or stop in time to avoid a collision and increases the risk of the accident causing catastrophic or fatal injuries.
- Distracted driving. Any inattention behind the wheel can easily cause a serious accident. Distracted driving is one of the most commonly reported causes of vehicle accidents throughout the United States each year, including truck accidents.
- Driving under the influence (DUI) of drugs or alcohol. This is a criminal offense punishable by fines, jail time, and driver’s license suspension. If a truck driver causes a DUI accident, they face these penalties along with the loss of their commercial driver’s license (CDL) and liability for the damages they cause.
No matter how your truck accident happened, you will need to firmly establish fault for the accident before you can recover compensation for your damages. Your Summerlin truck accident attorney may seek to obtain traffic camera video recordings, driver cell phone records, witness statements, and physical evidence from the scene of the crash to help prove liability. After you have proven fault, you can proceed with claiming compensation for the losses the defendant inflicted.
Every driver must have liability coverage with their auto insurance, and most truck drivers and their employers have more expansive coverage than the average driver. However, this does not mean you should expect to fully recover your damages through insurance alone or that dealing with insurance company representatives will be easy. Your Summerlin truck accident attorney can help file your auto insurance claim and, if insurance alone can’t compensate you for your losses, assist you with filing your personal injury suit against the driver who caused your accident.
Easton & Easton can work closely with you to help maximize your compensation from your personal injury claim. State law enables you to seek compensation for any economic damages that insurance won’t cover, including vehicle repair or replacement costs, immediate and long-term medical expenses for treatment of your injuries, lost income, and lost future income if you will be unable to work in the future due to the severity of your injuries. You also have the right to claim as much pain and suffering compensation as you deem reasonable to reflect the severity of the harm you experienced.
Most personal injury cases end in private settlement negotiations, but litigation may be necessary for contested or especially complex claims. No matter what your truck accident claim entails, the attorneys at Easton & Easton can provide guidance and support through each stage of your proceedings until you recover the compensation you rightfully deserve.
Q: How Much Compensation Can I Claim for a Truck Accident in Summerlin?
A: Under Nevada personal injury law, the plaintiff in a personal injury claim pertaining to any type of vehicle accident has the right to hold a defendant accountable for the entire extent of economic losses the defendant inflicted. The plaintiff’s recovery may start with an auto insurance claim, but they will need to file a personal injury suit to recover any losses the at-fault driver’s insurance cannot cover. Your Summerlin truck accident attorney can offer an estimate of your case’s total potential value.
Q: Why Do I Need to Hire a Summerlin Truck Accident Attorney?
A: It is technically possible for the victim of a truck accident to pursue compensation for their losses without hiring legal counsel, but they would be at a significant disadvantage and face numerous risks in attempting this. Your Summerlin truck accident attorney can make every aspect of your case much easier to handle, and you will be more likely to maximize your total compensation with their assistance. You are also more likely to resolve your case in a shorter timeframe.
Q: How Long Do I Have to File a Truck Accident Case in Summerlin?
A: If you plan to seek compensation for the losses you suffered in a recent accident, you face two time limits in your recovery efforts. First, you will need to file your auto insurance claim very soon after your accident, usually within a few days. Second, if you intend to file a personal injury claim, there is a two-year statute of limitations for these cases. While this may sound like more than enough time, the reality is that it is important to file your case as soon as possible to maximize your chance of success.
Q: What Happens if a Plaintiff Is Partially at Fault for Their Accident?
A: It’s possible for the plaintiff in a personal injury case to bear partial liability for the damages but still recover compensation for those damages. The state enforces a modified comparative negligence law, meaning as long as the plaintiff is less than 50% at fault for the incident, they can still recover compensation from the defendant. Their percentage of fault is taken from their case award as a penalty. However, if they are 50% or more at fault, they may not claim compensation from the defendant.
Q: What Are Attorneys’ Fees for a Summerlin Truck Accident Lawyer?
A: It’s natural to worry about the potential cost of hiring a lawyer if you need legal representation and are already struggling with various economic problems. However, there is no cause for concern if you choose Easton & Easton to represent your case, thanks to our contingency fee policy. Our firm only takes a percentage of your final case award, ensuring you do not pay more for legal representation than you win in compensation for your damages. We only take this fee if we win your case, so you will owe nothing if we are unable to secure compensation for you.
The team at Easton & Easton has decades of experience helping clients in Summerlin and surrounding communities with all types of personal injury claims, including those arising from commercial truck accidents. We know the difficult legal questions these accidents can raise and the various questions you may have about your recovery options. If you are ready to learn what a seasoned Summerlin truck accident attorney can do for you in your case, contact Easton & Easton today to learn more about the legal services we provide.