Were you injured in a truck accident in Paradise, Nevada caused by another driver’s carelessness? If so, you may be entitled to seek compensation for your medical bills, lost wages, and the pain and suffering you had to endure through no fault of your own.
At Sam & Ash Injury Law, we believe you deserve What’s Right if you have been injured. You shouldn’t be burdened with medical debt from a crash that was someone else’s fault. Contact us today for a free consultation to find out how an experienced truck accident lawyer in Paradise, NV, can help you demand justice.
Types of Truck Crashes
Because of their size and weight, tractor-trailers and other large commercial trucks frequently cause serious injuries to the occupants of smaller vehicles in collisions. Some of the most common types of truck accidents in Nevada include:
- Rear-end collisions – Large trucks require much more room to stop safely. If a truck driver fails to leave enough space between the truck and the vehicle ahead, the truck driver may cause a rear-end collision if the car ahead brakes suddenly. Rear-end collisions often occur because truckers are tailgating or following too closely.
- Sideswipe accidents — Large trucks have blind spots on all sides. If a truck driver loses track of a vehicle in an adjacent lane, the trucker may attempt to merge into an occupied lane and cause a sideswipe accident with a vehicle already occupying the lane.
- Jackknife accidents – Semi-trucks typically have two braking systems, one for the tractor and one for the trailer. Jackknife accidents can occur when the driver of a tractor-trailer slams on the truck’s brakes while the trailer portion of the vehicle keeps moving forward. The trailer’s forward momentum can cause it to swing around the side of the truck at a 90-degree angle. This can lead to a multi-vehicle accident.
- Head-on collisions – Head-on collisions occur when the front of a truck collides with the front of an approaching vehicle. Head-on collisions are commonly the result of unsafe passing maneuvers or a driver falling asleep and the vehicle drifting across the center line into an oncoming lane of traffic.
- Rollovers – Tractor-trailers have a higher center of gravity than automobiles. If cargo is improperly loaded or secured or uneven pavement causes a sudden shift in the truck’s handling a rollover accident can cause a truck to overturn on its side.
- Underride accidents —Underride collisions occur when a passenger vehicle slides underneath a large commercial truck. While many trucks have underride guards on the rear, they may not have side guards. These collisions can result in serious injuries or death.
Most truck collisions are preventable and can be traced back to some type of negligence. Distracted driving, driver fatigue, speeding, following too closely, and other behaviors commonly contribute to truck accidents. The trucking company that owns the truck may share liability for a truck accident.
Proving Fault in a Truck Accident in Paradise, NV
Truck accident cases tend to be more complex than the typical car accident case because of the number of potentially liable parties. You might assume that if a truck driver hits you, the truck driver is solely at fault for your injuries.
In reality, multiple businesses may have contributed to the accident and have liability.
In addition to the driver, the defendants in a truck accident lawsuit may include:
- The commercial trucking company
- The truck’s owner
- The trailer’s owner
- Cargo loading companies
- Third-party maintenance companies
- Manufacturers of defective parts
- Another automobile driver
Determining who has liability after a truck accident requires a detailed investigation by a knowledgeable attorney.
What To Do After a Paradise Truck Accident
It’s important that you take the following steps to protect yourself and your legal rights to seek compensation after a semi-truck accident:
- Call 911 – You should call the police and remain at the scene. Once they arrive, law enforcement officers will create an accident report, in which they will describe your injuries, the damage to each vehicle involved in the crash, and the general circumstances of the incident. They will also take down witness contact information and may make an initial determination of fault.
- Collect evidence – If you are able, document the scene of the accident by using your phone’s camera to take photos of your injuries, the position of the vehicles, road hazards, and the scene of the crash from different angles. Once the scene has been cleared, this vital evidence will be gone forever.
- Seek medical attention – You should seek medical attention as soon as possible after an accident. Even if you don’t believe that you’re seriously hurt, you might have sustained injuries that aren’t yet apparent. Most insurance policies require that accident victims be seen by a medical professional within 72 hours. If you do not seek medical attention within this window, the insurance company could argue that your injuries were caused by a separate incident and deny your claim.
- Contact a personal injury lawyer – An experienced attorney at Sam & Ash Injury Law can help you understand your legal options for seeking compensation and handle paperwork and negotiations with the insurance company on your behalf. We want you to have the time and space you need to recover from your injuries.
- Stay off social media – Resist the temptation to comment on your injuries, post photos, or discuss details of the accident on social media. Insurance companies may seek out comments you have made on social media and use them to deny or minimize your claim. It’s best to say nothing until you have received a settlement or judgment.
What Must Be Proven in a Truck Accident Case?
To secure compensation after a truck accident, you’ll need to demonstrate that the accident and your injuries were the consequence of another party’s negligence.
All motorists have an obligation to drive in a prudent manner to avoid endangering others on the road.
You will need evidence showing how the truck driver failed to fulfill that obligation and caused the accident as a result.
You must show that you suffered compensable losses, typically in the form of medical bills, lost income, and pain and suffering.
Time Limitation To File a Truck Accident Lawsuit
In Nevada, there is a statute of limitations on personal injury cases. Truck accident victims have two years from the date of the accident to file a personal injury lawsuit. If you fail to take legal action within that time frame, the court will most likely dismiss your case as untimely, and you will lose your right to seek compensation.
Many cases are settled without a trial. Insurance companies are for-profit businesses. Their goal is to minimize any potential payouts. They understand that going to court is a time-consuming and expensive process. Our attorneys at Sam & Ash Injury Law are skilled negotiators and will work to reach a fair settlement.
If the insurance company refuses to accept liability on behalf of its policyholder, you might need to pursue a lawsuit. Your case does not have to be resolved before the statute of limitations passes. You merely need to initiate legal proceedings by filing a formal complaint with the appropriate court within two years.
What Damages Can You Recover from a Truck Wreck?
Depending on the circumstances of the accident, you may be entitled to claim compensation for:
- Present and future medical expenses, including hospital bills, doctor’s visits, surgeries, diagnostic tests, medical equipment, long-term care, and medications
- Rehabilitative care costs, including the cost of physical therapy
- Lost wages, if you had to miss work while you were injured
- Lost future income, if the truck accident rendered you disabled and unable to perform your job duties, or required that you be placed on light duty
- Pain and suffering, including emotional trauma, mental anguish, physical pain, post-traumatic stress disorder (PTSD), depression, and anxiety
- Loss of quality of life
- Loss of consortium
If you can prove that the defendant was excessively careless and showed a conscious disregard for your safety, you might be able to seek punitive damages as well. Punitive damages are designed to punish the defendant for their grossly careless or intentional actions.
It’s a good idea to consult with an attorney about the overall value of your claim. Even if you have a strong case, the insurance company’s initial is almost always less than you actually deserve. A seasoned Nevada truck accident lawyer can calculate the full extent of your losses and determine an acceptable settlement amount, which can serve as a starting point for negotiations.
Why Work with a Paradise, NV Truck Accident Lawyer
If you’ve been injured in a truck accident that you did not cause, it’s highly recommended that you hire an attorney to handle your case. To have a successful case, you must have evidence to back up your claim.
Some of the most common types of evidence in truck accident cases include:
- cell phone data
- witness statements
- surveillance and traffic camera footage
- the truck’s black box
- the driver’s hours of service logs
- testimony from accident reconstruction specialists.
You’ll have a much better chance of gathering the evidence needed to build a persuasive case if you hire an attorney to represent you.
At Sam & Ash Injury Law, our Paradise truck accident attorneys will act as your personal advocate and give you the attention that your case deserves. We can handle all communications with the insurance company and negotiate a settlement with the claims adjuster on your behalf.
We provide our legal services on a contingency fee basis. This means that you won’t owe us any upfront legal fees. We only get paid if we secure compensation for you.
We believe you deserve What’s Right. Contact Sam & Ash Injury Law today to get started.
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