In a collision with an 80,000 lb. 18-wheeler, passenger vehicle occupants are likely to suffer serious injuries or wrongful death. If you have been hurt or lost a loved one in a truck accident, contact The Janda Law Firm right away. Our truck accident attorneys and Las Vegas wrongful death lawyers provide dedicated, personal legal advice for truck accident victims. Contact our law firm today for a free consultation.
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If you or a loved one are injured in a truck accident, you may be entitled to financial compensation. In truck accident cases where someone else’s negligence caused your trucking accident, you have the right to file an insurance claim or lawsuit against the at-fault party and recover compensation to pay for your losses.
There are two types of damages that you can recover in a Nevada truck accident claim: economic damages, which are the financial losses caused by the accident; and non-economic damages, which involve the pain and suffering that you endured.
Medical bills, lost wages, and property damage are common types of economic damages. Your pain and suffering award may include chronic pain, emotional distress, permanent disability, or mental health conditions such as post-traumatic stress disorder. Having a truck accident lawyer in Las Vegas on your side can help you explore all your possible compensation options and estimate your monetary award accurately.
The sheer size and weight of commercial semi trucks are one reason these accidents often have deadly consequences. While a fully-loaded 18-wheeler can weigh up to 80,000 lbs., the average passenger vehicle weighs only 4,000 lbs. Tractor-trailers are also considerably longer than passenger vehicles, need more room to maneuver, and are prone to jackknifing. They are taller with greater ground clearance, which can result in underride accidents with smaller vehicles. Trucks have a longer stopping distance (20% to 40% farther), making it impossible to come to a sudden stop.
The Insurance Institute for Highway Safety (IIHS) reports that:
The Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA) conducted the Large Truck Crash Causation Study to determine the causes of serious crashes involving large commercial trucks. In its Analysis Brief of that study, FMCSA reports that 55% of large trucks involved in crashes were assigned the critical reason for the crash. The top ten crash factors associated with large trucks and truck drivers were:
In commercial truck accidents, the significant size and weight difference between trucks and smaller vehicles often result in severe injuries. Some common injuries include:
Truck accidents are complex cases involving state and federal regulations and multiple potentially liable parties. If the truck driver caused the accident, and the driver was an employee, the trucking company may be liable for your injuries. Other parties who may be responsible include:
To recover compensation in a truck accident claim, you will need to prove the at-fault party’s negligence. You and your attorney will gather enough evidence to prove four key elements in your case:
In Nevada, the statute of limitations for personal injury claims, including truck accidents, is two years from the date of the accident. This means that if you fail to file a lawsuit within two years of the accident, you may lose your right to seek compensation for your injuries and damages.
4. Within 2 years:
(e) Except as otherwise provided in NRS 11.215 or 11.217, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.
However, there are some exceptions to this rule, such as when the injured person is a minor or incapacitated in some way. The Janda Law Firm can help you identify your filing deadline and file your claim within the appropriate timeframe.
Nevada has several laws and regulations in place to help prevent truck accidents and ensure the safety of all motorists on the road. For example, it is illegal for all drivers—including truckers—to engage in distracting behaviors such as texting, using a cell phone, or other activities that divert their focus from driving. Truck drivers must also follow the speed limit and avoid illegal maneuvers that amount to reckless driving.
Additionally, Nevada imposes many regulations modeled after those set by the Federal Motor Carrier Safety Administration (FMCSA). These include strict size and load restrictions enforced by the state. To prevent fatigued driving, intrastate truckers cannot drive for more than 12 hours after 10 hours off-duty.
You should file a truck accident claim as soon as possible following the incident. Prompt action is crucial to ensure that you meet any legal deadlines and preserve vital evidence. Immediately after the accident, report it to law enforcement and seek medical attention, regardless of the severity of your injuries, to document the incident and your condition. Notify your insurance company right away and gather essential information, such as contact details of involved parties, witness statements, and photographs of the scene and damages. Timely filing helps in building a strong case and ensures you comply with the statute of limitations, which varies by jurisdiction. Consulting with a Las Vegas personal injury attorney early on can also provide guidance and enhance your chances of a successful claim.
A collision with a large commercial truck can cause serious injuries with life-altering consequences. If you have been a victim of a truck accident, contact The Janda Law Firm in Las Vegas, NV to speak with our truck accident lawyers as soon as possible. We can discuss your legal options in a free case evaluation, so you can focus on your healing.
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