LAS VEGAS TRUCK ACCIDENT LAWYERS?
INJURED IN A COLLISION WITH A LARGE TRUCK?
Becoming the victim of a truck accident can throw your life and your family into disarray. Your injuries may instantly change life as you know it. When you’re the victim of a truck accident, you may wonder where to turn in order to get needed compensation and rebuild your life. Fortunately, Nevada law allows truck accident victims like you to seek payment from those responsible for your injuries. To recover, you need to bring a carefully prepared claim in the appropriate court.
With 60 years of combined experience and an aggressive yet strategic approach to injury claims, the attorney team at Bernstein & Poisson is prepared to provide the level of legal counsel you need. Our Las Vegas truck accident attorneys realize how serious such collisions can be and are here to help you recover fair compensation from the at-fault party or parties.
COMMON CAUSES OF TRUCKING ACCIDENTS
There are many things that can cause a trucking accident. Some potential causes include:
- Driver inattention
- Texting and driving
- Failing to signal
- Lack of sleep
- Drunk driving
- Drugged driving
- Sudden braking
- Vehicle malfunctions
- Defective vehicle design
- Failing to stop or yield
- Inappropriate following distance
When a truck accident occurs, you may not immediately know the cause. It’s important to begin working with an experienced attorney as quickly as possible in order to preserve evidence that can help you determine what went wrong.
WHAT SHOULD I DO AFTER A TRUCK ACCIDENT?
When a truck accident occurs, the first thing that you should do is think about your immediate safety. If you or anyone else needs emergency care, call 911. Everything else comes after making sure that you’re safe.
Once you take care of your immediate treatment needs, summon the police. They are the only ones who are able to conduct an immediate investigation of the actual accident scene. They can document critical evidence and collect witness contact information and statements. Your Las Vegas truck accident lawyer will do much more, but the police can give them a great start.
After you summon the police, you can try and collect available evidence. If witnesses appear calm, you can approach them for contact information. You can take a few photos to record the scene of the accident.
Once you take these steps, it’s time to contact the legal professionals. The sooner you work with an attorney, the sooner they can work on your behalf to preserve and gather evidence. Time is of the essence as you work to build your case.
START BUILDING YOUR LAS VEGAS TRUCK ACCIDENT CASE
Nevada law wants to help deserving victims build their case. There are a number of things that you can do in order to gather the evidence that you need to make your case. You can begin by looking at the police report. It’s important to try and get statements from witnesses as quickly as possible in order to record their version of events while their memory is still fresh. You might also work with an expert who can look at how the crash occurred for clues as to what led to the crash.
Building your case also means proving your damages. You need to work with the right medical experts in order to determine the true nature and extent of your injuries. There are many different types of compensation that may be available, and it’s important to look at the situation from all angles in order to make sure you have an accurate value for your claim.
Schedule a free, initial consultation with our experienced Las Vegas truck accident attorneys today and get the legal help you need!
FAQS: ANSWERS FROM A QUALIFIED SOURCE
HOW DO I PROVE LIABILITY IN A TRUCK ACCIDENT CASE?
There are multiple ways to prove liability in a trucking accident. The liable party is often the truck driver, but it might also be their employer or the vehicle manufacturer. Negligence and product liability are the most common theories of liability in a trucking accident.
THEORY OF LIABILITY: NEGLIGENCE
When a person doesn’t take enough care in their behavior, they act negligently. When that negligence results in your injuries, you can seek to hold them accountable for your damages under Nevada law. A person behaves in a negligent way when they don’t use the same care that a reasonable person would use in the same situation.
Negligence isn’t always necessarily a truck driver making a driving error. Although that’s a common way for negligence to result in a truck accident, negligence can also occur when a trucking company insists that a driver stays on the road for too many hours without sleep. It can occur when a trucking company doesn’t fully check a person’s driving record before making a hire. The negligent act can occur in the case long before the accident even occurs. That’s why it’s important to work with a legal team in order to get to the bottom of the act or acts of negligence that result in the injuries in your case.
THEORY OF LIABILITY: PRODUCT LIABILITY
A defect in the design or production process for the truck can also create liability in a truck accident case. The company that manufactured the truck may have designed it in a way that made it likely to crash. On the other hand, they may have designed it well but failed to build it properly. These are ways that the truck manufacturer or seller can be liable for your damages from a truck accident.
WHO IS LIABLE FOR MY INJURIES?
Your Las Vegas truck accident lawyer will work with you to help you determine how to best bring your case for compensation. You may need to bring your case against several different parties including:
- The truck driver
- The trucking company
- An insurance company
- Manufacturer of the truck
Our legal team will work with you to evaluate the facts of your case. You may need to look at the evidence in order to determine the cause of the crash. While the cause of the crash might not be obvious, you can work with legal professionals and accident reconstruction experts in order to evaluate the evidence and bring your case against the appropriate parties.
WILL MY CASE GO TO TRIAL?
The vast majority of truck accident cases don’t go to trial. In fact, the work that you do in order to build your case can actually prevent it from going to trial. With sufficient preparation, you can come up with a realistic picture of your damages. This information can help you approach the other side in order to ask for an appropriate recovery before your trial date arrives.
To prepare your case, you may need to have medical appointments with experts. You may need to sit for a deposition to record your version of events. You might ask other witnesses to tell their version of events in a formal deposition as well. You can use court procedures in order to demand copies of records and other pieces of evidence that are helpful to your case. These are all things that help you build your case and get a clear picture of the strengths and weaknesses of your legal claim.
If you’re able to create a clear picture of fault in your case and an accurate value of your damages, it’s more likely that you’ll be able to reach an amicable resolution of the case before it goes to trial. Your truck accident attorney can help you approach the other side in order to make your case and handle the negotiations. If your case is in the small number of cases that go to trial each year, your thorough preparations can help you walk into court with a strong case.
WHAT TYPES OF COMPENSATION CAN I RECOVER?
The exact compensation that you can receive from a truck accident depends on the exact injuries and losses that you have in your case. Most cases start with an evaluation of your medical damages. Medical damages aren’t just the cost of your immediate treatment. Instead, it’s the total of all of the financial losses that you have because of your medical needs following a crash. If you need physical rehabilitation, that’s a type of compensation that you can recover. If you need mobility aids, those count too. You can also request compensation for mental health treatment for mental damages like flashbacks and post-traumatic stress.
Once you value your physical injuries, you can work on valuing your pain and suffering. Courts and insurance companies typically evaluate the severity of your injuries and use a multiplier to arrive at a value for your pain and suffering damages. There are other potential types of damages that you can ask for including lost wages, replacement services for household tasks, and even punitive damages in certain situations.
CAN’T I JUST WORK WITH THE INSURANCE COMPANY?
Insurance companies make profits when they collect premiums. They don’t make a profit when they pay you fairly for your injuries. Sometimes, when the insurance company says they’re happy to pay you right away, they’re hoping you’re in a hurry to settle the case for a low amount. A skilled truck accident lawyer can help you evaluate your case in order to determine if the insurance company is offering you a fair payment.
In most cases, you should work with your legal team to create a realistic valuation of your claim. Then, your lawyer can approach the insurance company with a demand letter. That’s a written letter that asks for everything that you deserve along with an explanation of why you deserve it. A demand letter can be a launching point to determine if the insurance company plans to offer you a fair amount or if you need to take your case to a trial.
WHAT ARE THE TIME LIMITATIONS FOR TRUCK ACCIDENT CLAIMS?
The insurance company might try to stall you in hopes that time will run out. If you wait too long to file your case, Nevada law might prevent you from bringing your claim. This time limit is called the statute of limitations. Typically, the limit is two years. It’s important not to wait to make sure that you don’t miss your chance to bring your case.
The right legal team can help you evaluate your case and pursue it aggressively. You can work with our Las Vegas truck accident lawyers to determine who to seek to hold responsible for your damages. Then, you can work together in order to pursue your case using the law to your advantage.
At Bernstein & Poisson, we can help you prepare legal filings, preserve testimony and evidence, and present your case to the jury. When you work with our legal team, our years of training and experience can work to your advantage in order to help you pursue your case to reach the best result possible.
If you or your loved one has been severely injured in a truck accident, contact us at (702) 633-3333 today.
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