Obtaining compensation after a truck accident can be challenging. Unlike the average car accident claim, multiple parties may be at fault for a wreck. This can put accident victims at a distinct disadvantage when it’s time to negotiate a settlement. As insurance companies argue over who’s to blame, accident victims can get stuck in limbo, just hoping they’ll get a fair payout in the end. If you’re in this position, you need to talk to a Las Vegas truck accident compensation lawyer at THE702FIRM Injury Attorneys right away.
Our law firm can ease your stress. We’ll take over all of the legal aspects of the truck accident and your injury(s). No more worrying about whether the next phone call is from your insurer. No more trying to understand the claims process by yourself. You can count on us to pursue maximum compensation so that your financial recovery matches your medical recovery.
Ready to get started? Call or contact us today for a free consultation.
Am I Eligible for Truck Accident Compensation?
Just because you were injured in a truck accident doesn’t automatically entitle you to compensation. You can only recover money if you and your attorney show that another party was responsible for the crash and your injuries. In most truck accident cases, this involves proving that the truck driver or another party within the trucking industry acted with negligence or recklessness.
Negligence occurs when the party(s) responsible for the accident violates their duty to keep you reasonably safe from harm. If you can establish that another party was negligent and caused the truck accident and your injuries, you could be entitled to significant compensation.
For example, if a truck driver knows that their truck’s braking system is malfunctioning and does not take steps to report or repair it, they might be considered negligent and at least partly liable for a crash.
In addition to drivers, trucking companies can be held liable for their truckers’ negligence under the doctrine of employer liability. This won’t apply in all cases since some truck drivers are independent contractors.
You may also be entitled to compensation from third parties. Suppose a mechanical defect caused the truck’s brakes to fail and resulted in a crash that left you with a traumatic brain injury. In this example, you might pursue a product liability claim against the manufacturer of the defective part. Or, if a truck accident occurred because another driver cut off the rig, your lawyer could pursue compensation from that driver’s insurance company.
Figuring out who should be held accountable for a truck accident isn’t easy. A knowledgeable lawyer from THE702FIRM Injury Attorneys can investigate the accident to identify every liable party and pursue compensation from every possible source.
Types of Truck Accident Compensation
Compensation for losses in a semi-truck accident claim falls into one of two categories: economic losses and non-economic losses.
Economic losses refer to the financial harm that you’ve suffered, such as:
- Medical bills
- Future treatment expenses, such as rehabilitation, home health services, mental health therapy, or long-term care facilities
- Lost income
- Lost earning potential, when your injuries result in permanent disabilities that prevent you from returning to your previous or a similar job
- Lost employment benefits such as health insurance or pensions
- Property damage
Non-economic losses account for the intangible, personal harm that you endured because of the truck accident. These may include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment or quality of life
- Reduced life expectancy
- Loss of consortium
In rare cases, a truck accident victim may be entitled to punitive damages from the at-fault parties. Unlike compensation for economic and non-economic losses, punitive damages don’t make up for losses suffered by an accident victim. Instead, they’re intended to punish the at-fault party for especially egregious, shocking, or wanton behavior. They’re also meant to dissuade others from engaging in similar conduct in the future.
The family of an individual who dies due to injuries sustained in a truck crash might be entitled to compensation from the at-fault party or parties in a wrongful death claim. This can provide compensation for:
- Medical expenses incurred to treat the victim’s last injury
- Funeral and burial costs
- Pain and suffering experienced by the decedent before their death
- Lost future earnings or financial contributions of the decedent
- Loss of the decedent’s companionship, guidance, care, and comfort
- Emotional distress experienced by family
Will Fault Impact How Much Compensation I Can Receive?
The distribution of fault for the truck accident can definitely impact the compensation you receive in an injury claim.
Nevada’s comparative negligence laws will apply if you bear some share of fault for the accident and your injuries. The comparative negligence rule allows you to recover compensation as long as your portion of the fault is not greater than the other party’s. Normally called the “50 percent” rule, this means you cannot receive compensation if you are more than 50 percent to blame for a semi-truck collision.
If you’re found to be partially but less than 50 percent to blame for the crash, your compensation will be reduced in proportion to your share of fault. For example, if you sustained $100,000 in losses from a tractor-trailer crash and you’re found 25 percent at fault, your compensation will be reduced by $25,000 to reflect your share of the blame.
It’s always best to speak with an attorney to understand the liability issues related to a truck accident claim, especially in cases where fault is disputed. It’s guaranteed that the at-fault parties will try to avoid or limit their liability by blaming as much of the crash on you. At The702FIRM Injury Attorneys, we can push back to prove that you bear little or no fault for the accident and your injuries. We’ll protect your interests, not the insurer’s.
Get Help from an Experienced Truck Accident Compensation Lawyer
No matter how clear-cut your truck accident claim may seem, you need the assistance of an experienced truck accident compensation lawyer to seek fair compensation for your losses. An attorney can help you through the claims process by:
- Conducting a thorough investigation of the crash, including reviewing trucking documents that might reveal the true cause of the accident, such as driver logs, load manifests, inspection and maintenance records, dispatch records, dashcam footage, or electronic data recorder (ELD) reports
- Collaborating with accident reconstruction and trucking experts to determine how the crash occurred, identify the parties at fault, and develop a robust and persuasive case to prove their liability
- Identifying all sources of compensation available to you for a maximum financial recovery
- Filing your claims with the responsible parties and their insurers
- Negotiating for full and fair compensation in a settlement
- Preparing your case for trial, if needed
Call an Experienced Truck Accident Compensation Lawyer
Semi-truck collisions cause some of the most catastrophic injuries. If your life has been turned upside down after a truck accident in Las Vegas, get a skilled truck accident lawyer from The702FIRM Injury Attorneys on your side now. Our firm has the knowledge, dedication, and resources needed to present a compelling and persuasive case for compensation for you.
Our lawyers can meet with you in our Las Vegas office, at your home, or at your hospital bedside, wherever is most comfortable for you. Call or contact us today for a free case review.