Henderson Truck Accident Attorney

Henderson’s proximity to Las Vegas makes the city a busy point for trucking companies going in and out with deliveries. While their services help keep our community running, they pose a significant risk to residents and visitors on the road. Accidents are an unfortunate part of participating in society, but that does not mean you are left to cope with it alone. 

At Mitchell Rogers Injury Law, our Henderson truck accident attorneys are committed to helping you recover your losses and hold the responsible party or parties accountable. Our personal injury lawyers are experienced in various types of motor vehicle accidents, making them knowledgeable in pertinent laws and arguments. 

 Why are Truck Accident Cases Different than Other Accidents?

A collision involving a truck can become almost instantly more complicated than other accidents for several reasons. Car accidents may often occur with no damage or injuries reported, but this is rarely the case in truck accidents. The Federal Motor Carrier Safety Administration (FMCSA) reports 809 accidents with large trucks in the state of Nevada. Nearly 100 of those were fatal, and over 400 of them resulted in injuries. The reported data does not specify if the remaining 300 accidents involved other cars. 

The size and weight difference have a significant effect on how much damage is done in a collision. The weight of a personal vehicle today averages between 2,500 and 4,500 pounds. At the same time, the Nevada Department of Transportation shows that a truck in compliance with standard weight regulations can weigh up to 80,000 pounds and may weigh more than that with the appropriate permits. 

A truck accident may also be more complicated because several parties are usually involved beyond the drivers and their insurance providers. A big rig accident lawyer in Henderson, NV, can tell you that the truck driver is usually an employee or contractor to a trucking company, which can add additional layers to the case. Additionally, many truck accident cases may require intimate knowledge of federal and state laws and requirements. This is something our big rig accident attorneys have extensive experience with. 

Causes of a Henderson Truck Accident 

Many of the causes of Henderson truck accidents are similar to car accidents. Truck drivers are vulnerable to many of the same pitfalls as the rest of us, including things such as:

  • Texting and driving
  • Intoxication
  • Exhaustion
  • Failure to check blind spots
  • Following too closely

These are not the only reasons an accident may happen, but they cover many of the reasons related to driver error or liability. Other reasons may include situations where a company is negligent in its hiring, training, or supervision process or poor vehicle oversight. 

Third-Party Causes 

Coordinating a truck route or delivery takes several people to execute. The driver is responsible for operating the vehicle safely and following traffic laws to the destination, but there are many chances for errors before that point in the process. Some of these may include:

  • Negligent mechanic
  • The owner failed to maintain the truck appropriately 
  • Freight company failure to balance a load
  • Poorly secured load

Why You Need a Truck Accident Lawyer

You may be able to get away with navigating a minor car accident that doesn’t involve injuries without a lawyer. However, a truck accident lawyer may be necessary due to the complexities of these accidents. Some of the ways a truck accident attorney may benefit you are:

  • Filing legal paperwork in a timely and accurately 
  • Point of contact for topics related to the case
  • Investigating the accident 
  • Knowing what to look for and what evidence to protect or request
  • Connecting you with referrals for specialists 
  • Valuing your losses

The Insurance Company 

Insurance companies are not your friends, especially if they are the insurance providers for the other drivers. Their primary focus is to minimize your damages, which means paying you as little as they can. When you work with a trucking accident law firm, you have a team behind you that knows the strategies insurance will use to provide low settlement offers, and they have experience countering them. 

It is crucial to speak with the attorney from your truck accident law firm before speaking with the insurance company. Their goal is to find reasons to pay you less, and one of the best ways to avoid that is by engaging them as little as possible and only under the guidance of a tractor-trailer accident lawyer.

Protect You Against Liability 

Your attorney can help you avoid accidentally damaging your case with the insurance company by helping you avoid saying anything that may make you look as if your injuries are not as severe as you claim or as if you played a role in your accident. According to NRS 41.141, liability is apportioned based on contribution. You can recover compensation if you are not more than half responsible for your injuries, but your contribution will reduce the amount you receive. For example, if you are considered 5% at fault for your injuries and the court awards $100,000 in compensation, you will receive $95,000.

Managing Expectations

So much of the stress associated with a lawsuit comes from the unknown. Not knowing what a fair settlement will look like, if you’ll get that amount, or what the process looks like. A Henderson trucking accident attorney can help explain your rights and what you can expect in the lawsuit process. Many people find significant relief just knowing that a capable semi-truck accident law firm is handling the situation for them. 

Steps to Take After a Truck Accident

The immediate aftermath of a truck accident may be overwhelming or confusing. You may initially be unsure of what happened or how to proceed. With the guidance of a semi-truck accident lawyer, you can feel more confident about how to best protect yourself in the coming negotiations. 

Call 911

When you call 911, it can dispatch police and EMS to the scene. When police arrive, they can help ensure the area is safe and begin taking statements and making a report that may later be important evidence in your case. They may also gather the contact information and statements for any bystanders or witnesses, which may also be critical. 

Seek Medical Attention

If EMS is called to the scene, you should allow them to examine you. This ensures any immediate injuries are identified. If you are not transported to the hospital by EMS, you should seek a full exam from a medical provider. This will establish a paper trail and documentation of your initial injuries.  Some injuries, such as whiplash or Post Traumatic Stress Disorder (PTSD), may not appear right away, and this evaluation can help you stay aware of what to look for should injuries present later. Failing to seek this initial evaluation can give the perception that your injuries are not as severe as you claim. 

Take Photos

If you can collect photos at the scene, this is often a staple of your case. Our 18-wheeler accident lawyer may advise you to take photos of the area. These can help accident reconstruction experts or anyone else who needs to see evidence of the accident and injuries. You may benefit from photos of:

  • Your vehicle
  • Damage to the truck
  • The surrounding area
  • Positioning of the vehicles
  • Any skid marks or debris in the road
  • Your injuries

Components of a Personal Injury Case

The foundation of any personal injury case is negligence. To establish negligence, your 18-wheeler accident attorney needs to show the situation meets four criteria.

  • Duty of care: A legal duty was to take reasonable precautions to keep others safe. In a truck accident, this generally means having a vehicle in safe operating condition and following traffic laws.
  • Breach of duty: The defendant violated that duty by breaking traffic laws, failing to safely maintain the vehicle, or something similar.
  • Cause: this breach of duty caused your injuries.
  • Harm: You have injuries that the defendant caused.

Our Henderson trucking accident lawyer can perform an initial assessment for these characteristics during your free case consultation. If these elements are determined to be there, and you choose to work with our trucking accident attorney, you can progress further in the process. 

Legal Process

If you are working with a Henderson truck accident law firm that feels your case meets this criteria, moving forward with your claim will follow a relatively predictable path. This process for personal injury cases will be as follows:

  • Consultation
  • Investigation
  • File your claim
  • Discovery
  • Negotiation and settlement
  • Trial if negotiations fail
  • Post-trial for appeals, motions, and collecting compensation

Delays

Generally, this process can take months or even more than a year to complete. A tractor-trailer accident attorney may often suggest that you delay negotiations until most or all of your medical treatment is complete to allow more accurate estimates of your damages. Investigations into an accident can vary in the time they take, but depending on the case’s complexity, this may take a while. 

The insurance company may also drag its feet or delay movement in negotiations if you are nearing the statute of limitations for your claim. In a personal injury case, the statute of limitations is usually two years from the accident date. If you do not file a lawsuit within this period, you waive the rights to do so. Insurance companies will sometimes use this time frame to call your bluff about taking the case to court and pressure you into accepting a low offer. 

Determining the Value of Your Case

One of the first questions many people have when working with an 18-wheeler accident law firm is how much your case will be worth. This is nearly impossible to determine until all evidence has been considered and your medical treatments have been completed. Some of the many factors that will affect the value of your settlement include:

  • Actual costs
  • The extent of your injuries
  • The lasting impact of your injuries on daily life
  • Anticipated future costs relating to the injury

Additionally, the strength of your evidence can have a significant impact simply due to leverage in negotiations. The insurance company is usually interested in avoiding the unpredictability and expense of a trial. Because of this, they may be more motivated to settle if your evidence is strong. 

Compensation in a Truck Accident Case

The compensation you recover is directly related to the damages you claim. Damages are the legal terminology for your costs or losses from the accident. Some of the damages you and the attorney with a big rig accident law firm may claim include :

  • Emergency Room treatment
  • Prescription costs
  • Travel to and from appointments 
  • Surgical or rehabilitative costs
  • Mental healthcare 
  • Medical aides and devices
  • Domestic supports
  • Lost wages
  • Loss of earning capacity
  • Pain and Suffering

Wrongful Death

If you are facing the unthinkable and have lost a loved one in a truck accident, you may consider working with an attorney to file a wrongful death claim. When you work with a wrongful death lawyer from a tractor-trailer accident law firm, they can explain the eligibility requirements for this lawsuit. Arizona generally allows immediate family or the decedent’s personal representative to file a wrongful death claim. 

Punitive Damages 

Punitive damages may be appropriate when particularly disgusting behavior caused the accident. These damages are meant to punish the defendant and discourage similar behavior in the future instead of compensating the victim for losses. 

Call a Trucking Accident Lawyer Today 

Truck accidents can cause catastrophic injuries that make recovery physically painful, emotionally draining, and very expensive. When someone else’s negligence has caused your injury, you should not have to manage this process alone. Mitchell Rogers Injury Law is a Henderson trucking accident law firm. Our trucking accident lawyers are dedicated to providing comprehensive, supportive, and aggressive representation for you in your case, even if it means taking it to court. 

We offer case consultations where you can speak with a semi-truck accident attorney and determine your legal options in your case. Our firm works on a contingency fee basis, meaning you do not owe us money until we recover your compensation. You can contact us today for your free case consultation.