Being involved in a commercial truck accident in Henderson, Nevada can change your life. You or a loved one might have suffered a serious or catastrophic injury that will take you out of work and cost thousands of dollars in medical care. You may be unable to return to work and make a living. The emotional and psychological toll of a traumatic truck accident can also be difficult to handle.
If you’ve been injured in a truck accident in Henderson, the personal injury lawyers at Koch & Brim, LLP can help you pursue a claim and rebuild your life. We can go up against any defendant, including powerful trucking companies and their insurance carriers, to pursue justice on your behalf. Our lawyers have more than 42 years of experience and the resources to spend on your recovery. Contact us to start with a free case consultation.
Why Choose Us?
- We are always honest and upfront with our clients. You will never be left wondering where your case stands; you will stay in frequent contact with your truck accident lawyer.
- Our personal injury and automobile accident lawyers have recovered millions of dollars on behalf of their clients. We are prepared to go to trial for optimum results, if necessary.
- Our Henderson truck accident lawyers operate on a contingency fee basis. You will only pay your lawyer if your case results in a financial recovery.
Do You Need a Truck Accident Attorney?
Living through a truck accident is enough to deal with on its own. Leave the legal legwork of a truck accident case to an experienced attorney so that you can focus on healing and getting better. A truck accident lawyer in Henderson, Nevada will have all of the tools, resources and experience to successfully litigate your case without any stress on you and your family. You can trust your lawyer to assist you with many important tasks and services during your truck accident case, such as:
- Investigating the truck accident, including returning to the scene.
- Filling out and filing confusing claims paperwork.
- Preserving and gathering evidence, such as the truck’s black box.
- Interviewing eyewitnesses and collecting statements.
- Hiring qualified experts to provide statements and testimony, as needed.
- Negotiating with a trucking company or insurance carrier.
- Taking your truck accident case to court if you cannot reach a settlement.
A Henderson truck accident lawyer can effectively and efficiently handle your case, finding the best way forward for your particular matter so that you can recover fair compensation without the hassle. You won’t have to file an insurance claim, wonder if you are getting a fair case outcome or worry about anything except healing from your injuries with a lawyer by your side. It is especially important to have an attorney represent you if you have been diagnosed with a catastrophic injury. These are complicated cases with more at stake for you as a victim.
Truck Accidents Often Cause Catastrophic and Fatal Injuries
A catastrophic injury in civil law refers to damage that will have a lasting or permanent effect on the victim, such as paralysis and brain damage. Unfortunately, accidents involving 18-wheelers often end in significant or catastrophic injuries, as a large truck outweighs the average passenger car by about 20 times. This means the occupants of the smaller car will almost always sustain the worst injuries. Examples of injuries involved in truck accidents include:
- Broken bones
- Burn injuries
- Crush injuries
- Internal injuries and organ damage
- Limb amputations
- Neck and back injuries
- Scarring and disfigurement
- Severe whiplash
- Soft-tissue injuries
- Spinal cord injuries
- Traumatic brain injuries
- Wrongful death
Even a minor injury can have major ramifications, such as missed time at work and pain and suffering. Severe to catastrophic injuries, however, come with exponentially more medical costs and lifestyle changes. With an injury that is classified as serious or severe, it is important to have an attorney represent you during insurance settlement negotiations. Otherwise, you may settle for less than your injury deserves.
Why Do Semi-Truck Accidents Happen in Nevada?
Under Nevada law, you must determine fault for an automobile accident before filing an insurance claim. This is because the driver or party at fault is who must pay for the crash, typically through his or her insurance provider. Truck accidents are no exception. An attorney can investigate your crash to determine its cause. Most truck accidents in Nevada are connected to human error. Common causes include:
- Truck driver negligence. Negligence is the legal term for any act or omission that falls short of someone’s duty of care, or the responsibility to act with reasonable and proper care. Truck driver negligence can refer to speeding, distracted driving, drowsy driving, drunk driving, making unsafe turns, following too closely, driving aggressively and many other careless mistakes that can lead to truck accidents.
- Trucking company negligence. Trucking companies are also frequently guilty of negligence, such as hiring incompetent drivers, failing to properly train new drivers, ignoring truck maintenance requirements, failing to conduct drug and alcohol tests, and violating the federal safety laws that apply to commercial trucking.
- Truck breakdowns and equipment failures. Large trucks have unique parts that must be well maintained and kept in working order to prevent accidents. Inadequate truck inspections and maintenance can lead to tire blowouts, lost cargo loads, brake failure and other equipment-related issues that cause truck accidents.
Other issues can also lead to semi-truck accidents in Nevada, such as the negligence of a third-party driver, defective automotive parts or a dangerous roadway. An attorney at Koch & Brim, LLP can investigate your truck accident to determine its cause. Then, we can help you go up against one or multiple defendants in pursuit of fair financial compensation from the party at fault for the collision and your injuries.
Who Is Liable for a Truck Accident in Nevada?
Liability, or legal and financial responsibility for someone else’s losses, can be difficult to determine and prove in a truck accident case. Unlike most other types of car accident cases, a truck accident deals with the question of vicarious liability. This is a legal doctrine that states that employers are responsible for the actions and errors of their on-duty employees, in most cases.
Under this law, trucking companies are generally liable for truck accidents involving their drivers and trucks. Even without the rule of vicarious liability, a trucking company may be liable for an accident in Henderson if it was caused by the company’s negligence. Either way, the trucking company is the most likely defendant. Yet it is also possible for a third party to be held liable for a truck accident in Nevada instead, such as another driver, a cargo company, a product manufacturer or the government.
If you were injured in an accident involving a delivery truck, you may also be able to hold a delivery company responsible. This could be a private company, such as Amazon or a local business, or it could be the government for a collision involving a USPS truck. Going up against a commercial insurance provider under any circumstances can be difficult without assistance from an experienced attorney.
Large Trucks and Federal Safety Regulations
One of the many unique issues that you must navigate during a Henderson truck accident case is federal regulation. Unlike standard motor vehicles, large trucks and other heavy vehicles that are known as “commercial vehicles” or “common carriers” have federal laws that apply to them. Any company or individual that is engaged in the operation of a large truck must obey these rules, regulations and standards. They include:
- Truck driver hours-of-service restrictions
- Truck driver hiring and training protocols
- Alcohol and drug testing requirements
- Cargo loading and securement regulations
- Special rules for transporting hazardous materials
- Truck and fleet inspection and maintenance requirements
- Electronic logging device requirements
These federal laws are enforced by the Federal Motor Carrier Safety Administration to enhance the overall safety of the trucking industry. Violating any of them can increase the risk of a truck accident. If an investigation finds that a trucking company or one of its workers is guilty of violating a federal standard, this could be proof of negligence.
Types of Evidence Available in a Truck Accident Case
When you file an auto accident claim of any kind in Nevada, the burden of proof is yours as the injured crash victim or filing party. The burden of proof refers to the amount of evidence that is required to hold someone liable for your accident. The burden of proof is a preponderance of the evidence in a civil case. This means clear and convincing evidence that the defendant is more likely than not responsible for causing your truck accident.
Truck accident cases in Henderson often come with unique forms of evidence for a plaintiff to use, such as:
- The truck’s black box
- Electronic logging or recording devices
- Truck driver medical history and employment records
- Trucking company compliance reports
- Trucking company or driver history of previous accidents
- Fleet maintenance and repair records
- Cell phone records
An attorney in Henderson can help you collect and preserve all available evidence to prove negligence or support your truck accident claim. A lawyer can take immediate action to force the trucking company to retain certain records, for example, before they get erased or destroyed. Then, your lawyer can present the evidence in the most compelling way possible using exceptional storytelling capabilities.
How Much Is a Truck Accident Case Worth?
Understanding how much your truck accident case in Henderson is worth can help you avoid settling for less than you deserve when negotiating with an insurance company. First, realize that every case is unique; do not fall for the common misconception that there is an average truck accident settlement. Instead, speak with an experienced truck accident lawyer for an in-depth review of your case’s value.
How much a case is worth depends on factors that are unique to each victim, such as his or her compensable losses. These may include:
- Medical expenses
- Vehicle repairs or replacement
- Rental car costs
- Travel expenses
- Lost wages
- Disability costs
- Attorney’s fees
- Pain and suffering
- Emotional distress
- Post-traumatic stress disorder
- Wrongful death damages
- Punitive damages
Some of the factors involved in determining the value of a case are the severity of the victim’s injuries, his or her age at the time of the truck accident, his or her income level, the number of defendants, and the insurance coverage available. Whether or not a case goes to trial can also determine the final amount, as a jury may be more generous than an insurance company. Settlements and trials both have pros and cons, however, that you should discuss with an attorney.
How Much Does a Truck Accident Lawyer Cost?
At Koch & Brim, LLP, a truck accident lawyer does not cost anything out of pocket, win or lose. This is what is known as operating on a contingency fee basis. With this payment arrangement, you will only pay our attorney’s fees if your truck accident case succeeds and you receive a settlement or judgment award.
Upon the receipt of your financial compensation, your lawyer will assess his or her fee as a pre-agreed upon percentage of the overall amount won. With this payment arrangement, you will never owe us attorney’s fees out of pocket.
If your case does not result in a financial recovery, you won’t owe anything. This fee schedule grants you access to high-quality legal representation without any financial risk. For more information about how our law firm charges for representation, request a free consultation.
Truck Accident Statute of Limitations in Nevada
Like all states, Nevada has a law known as a statute of limitations that limits the amount of time you have to bring a truck accident case. The statute of limitations is two years of the date of the truck accident, for the most part. If you are bringing a claim only for property damage, however, you have three years from the date of the accident. With very few exceptions, missing your deadline will mean giving up the right to hold anyone accountable for your truck accident. This is why it is important to act quickly and contact an attorney in Henderson.
Contact Our Henderson Truck Accident Lawyers – Free Case Consultations at (702) 410-6034
If you or someone you love has recently been injured in a truck accident in Henderson, Nevada or the surrounding area, Koch & Brim, LLP can help. We will listen to your story and provide a comprehensive case review at no charge or obligation to hire us, so that you can learn more about your rights and our legal services.
We care about you and all victims of preventable truck accidents in Nevada. We are passionate about holding trucking companies and other negligent parties responsible for these devastating collisions. To request your free case evaluation in Henderson, contact us online or call (702) 410-6034 anytime.