Proven Las Vegas Truck Accident Attorneys Ready To Serve You
Las Vegas, Nevada, attracts millions of people from all over the world to the state every year. Thus, it is no surprise that Nevada motor vehicle accidents are most highly concentrated in and around the Las Vegas metro area. In fact, Clark County, the county in which Las Vegas sits, has recorded more motor vehicle accident fatalities than any other Nevada county from 2015 to 2019.
While any type of motor vehicle accident can be devastating, truck accidents, in particular, can be especially catastrophic. Due to their sheer size, speed, and magnitude of force, a collision with a large truck can result in severe personal injuries, property damage, emotional trauma, and sometimes death.
If you or a loved one has been involved in a truck accident in or near Las Vegas, Nevada, don’t lose hope. The Las Vegas truck accident lawyers at Mills & Anderson are standing by and ready to discuss your case and get you the representation you need.
How Can a Las Vegas Truck Accident Lawyer Assist My Case?
If you have recently been involved in a truck accident on Las Vegas roadways, you might be wondering whether it is worth hiring a lawyer.
Between medical expenses, time away from work spent recovering, and more, we understand how throwing an attorney into the mix might seem overwhelming. However, doing so can actually be a great benefit to your overall case.
A lawyer can help you:
- Gather evidence to help support your claim;
- Calculate the amount of recoverable damages in your case;
- Negotiate with opposing parties, their insurers, and their legal counsel regarding your claim; and
- Prepare for and take your case to trial when a settlement is unattainable.
Ultimately, having a lawyer in your corner can save you both time and money. So don’t wait—contact our Las Vegas truck accident attorneys today to see what we can do to fight for the compensation you deserve.
Who Is Liable in a Las Vegas Truck Accident?
To win your legal claim, you must be able to prove who is liable, or responsible, for causing your accident. But how do you go about proving liability in a truck accident lawsuit?
Most truck accident claims will be what is called “negligence” claims. The term negligence refers to actions or decisions that demonstrate a disregard for the safety and well-being of others on the road. Proving negligence requires establishing four elements: duty, breach, causation, and damages.
First, you must show the other driver owed you a duty to drive in a reasonable manner.
All drivers operating a motor vehicle on Nevada highways are subject to a reasonable duty of care. Operators of commercial trucks and 18-wheelers are also subject to this duty.
Next, you must show that the other driver breached their duty of care to drive in a reasonable manner. To prove this, you must be able to demonstrate that the at-fault driver did not act in the manner that a reasonable person would have in the same circumstances.
For example, a truck driver might breach their duty of care to other drivers on the road by:
- Texting and driving,
- Failing to properly load equipment,
- Driving more hours than allowed by law, or
- Failing to routinely inspect and maintain the truck.
Of course, this is by no means an exhaustive list. If you believe a truck driver or their company may have breached their duty of care, contact our Las Vegas truck accident attorneys to discuss the facts of your case in more detail.
Third, you must prove that the at-fault driver’s breach of duty was the cause of your accident and resulting injury.
Causation is often one of the most difficult elements to prove, especially in situations where outside factors contributed to the accident. However, medical records, accident reports, and testimony from doctors, law enforcement, and eyewitnesses can be used to establish the cause of the accident and injuries in court.
Lastly, you must show that you actually suffered damages as a result of the accident.
Damages in personal injury cases can include medical expenses, lost wages from missing work, and even pain and suffering and loss of companionship.
The type of damages claimed in your personal injury case will depend on the facts of the truck accident. However, our Las Vegas truck accident attorney handles these types of cases regularly. Thus, we know what to look for and can help you determine the amount of allowable damages in your case and fight to maximize your overall recovery.
Other Considerations in a Las Vegas Truck Accident Lawsuit
Truck accident cases can be complex and difficult to prove. Thus, it is important to have an experienced lawyer on your side to give you your best shot at success.
Below are some additional questions and considerations to take into account as you navigate your Las Vegas truck accident lawsuit.
How Do I Prove Fault?
If you have never pursued a truck accident lawsuit before, you may not know where to begin, let alone how best to prove fault.
An experienced truck accident legal practitioner, on the other hand, will have the tools and resources necessary to help you prove your claim. Depending on the facts and circumstances of your case, there are a number of ways in which you may be able to prove fault.
In some cases, eyewitness testimony provides the necessary foundation for showing a driver was negligent. In others, cell phone technology proves that a driver was sending a text message at the time of the accident, thus demonstrating a breach of that driver’s duty of care.
Regardless, our Las Vegas truck accident lawyers will do everything within our power to find and use the best evidence to help you prove your claims.
It is also important to note that Nevada adheres to the theory of modified comparative negligence. Modified comparative negligence permits injured parties to recover compensation from the at-fault party but decreases the victim’s recovery by the percentage of fault for the accident that is allocated to the victim.
For example, imagine John sustains injuries after being rear-ended by a large truck. John’s damages equal $100,000. The court finds John 20% responsible for the accident because his brake lights were not functioning at the time. Thus, John’s overall recovery is reduced by 20%, and he is entitled to recover only $80,000 for the damages he suffered.
Common Causes of Truck Accidents
Truck accidents occur for a variety of reasons. However, some causes are more common than others.
According to the Federal Motor Carrier Safety Administration (FMCSA), some of the most common causes of large truck crashes include:
- Brake problems,
- Traffic flow interruption,
- Prescription or over-the-counter drug use,
- Traveling too fast for the conditions,
- Unfamiliarity with the roadway,
- Driver fatigue,
- Alcohol impairment,
- Work pressure from a carrier, and
- Inattention or distraction.
Regardless of the cause, the results can be devastating. If you were injured due to the wrongful or negligent actions of a truck driver or their carrier, you may be entitled to relief.
What Should I Do After a Truck Accident in Las Vegas?
The moments immediately following a Nevada truck accident can be overwhelming. However, if you are physically able to do so, there are certain steps you should take to protect yourself and maximize your potential recovery moving forward.
Check for Injuries
Car accidents, especially those involving large trucks, result in serious injuries on many occasions. After your accident, take a moment to evaluate whether you have any serious or potentially life-threatening injuries that need to be addressed immediately.
Alternatively, some injuries present themselves hours after the accident occurred.
Call the Police
If someone else has not already done so, contact local authorities and request that they respond to the scene. In fact, Nevada law requires that you do so under most circumstances.
Police officers investigating car accidents complete a detailed accident report that includes evidence relevant to your case. Important information contained in the police report might include:
- Name and contact information for the parties involved;
- Insurance information of the parties involved;
- Witness statements and contact information;
- The responding officer’s initial impression of the accident; and
- Statements from the at-fault driver.
This information can be critical to proving your truck accident personal injury claim. Thus, make sure to contact the authorities as soon as practicable after your crash.
Document the Scene
Though police accident reports are helpful, officers may leave out information that is vital to proving your personal injury claim.
Take photographs of the accident scene and the area surrounding the accident as proof of the conditions at the time the collision occurred. If possible, obtain information from anyone who witnessed the accident, as many witnesses disappear soon after the crash.
Obtain a Medical Evaluation
It is also imperative that you seek medical attention as soon as possible after your accident.
A medical professional can treat you for visible injuries and diagnose those that may otherwise have gone unnoticed. Additionally, a medical evaluation can be an important piece of evidence in proving the extent and severity of damages for your case moving forward.
Contact Our Las Vegas Truck Accident Lawyers at Mills & Anderson
Lastly, you should always contact an attorney before proceeding with your case on your own. An attorney can provide you with valuable counsel and representation that can go a long way toward getting the compensation you need to recover from your injuries.
If you have sustained injuries in a Nevada truck accident, contact the personal injury legal team at Mills & Anderson today. Our experienced injury attorneys also handle other types of cases, including:
Our Las Vegas truck accident attorneys have over 40 years of collective experience fighting for the rights of accident victims in need. We pride ourselves on providing personal service to our clients, and we handle all of our cases with the highest level of ethical standards, integrity, and trust.
If you are looking for a law firm that will fight zealously for your rights, call Mills & Anderson today to set up your initial consultation.