Henderson Truck Accident Attorney

Without confirming who bears liability for your recent truck accident, you cannot seek or recover compensation. Let us determine who is at fault— the trucker, their employer, or another party—by reviewing eyewitness statements, reading police reports, and analyzing photographs.

Doing this immediately is ideal, as Nevada only gives plaintiffs two years to sue for injury. We will obtain compensation for all damages in your claim, including economic and non-economic losses. We may also seek exemplary damages from a lawsuit, depending on the defendant’s conduct.

Get a free and confidential case assessment from our truck accident lawyers by calling Mitchell Rogers Injury Law at (702) 702-2622.

Who is Liable for Your Truck Accident in Henderson, NV?

Even if the truck driver hit you, they may not be the only party that bears liability for the accident and your injuries.

Truck Driver

Many truck accidents happen because the truck driver did something wrong. Tell us everything you can remember about the collision, such as if you saw the trucker speeding, making a reckless lane change, or doing anything else negligent.

Truck Driver’s Employer

The legal doctrine of respondeat superior holds employers responsible for their employees’ conduct while on the job. This lets you sue the company that employs the driver and owns the truck.

Trucking companies can also be liable for accidents caused by negligent vehicle maintenance, overloading, or improper loading.

Another Driver

Other negligent drivers on the road might cause a collision between your car and a large truck by speeding excessively, making unsafe lane changes, or driving under the influence. Because the other driver’s conduct ultimately caused the collision, they would be liable for your resulting damages.

What is the Statute of Limitations for Truck Accident Lawsuits in Nevada?

The statute of limitations restricts how long you have to prepare and file a lawsuit after a truck accident. Once you file your claim, you no longer have to worry about the statute of limitations, and your lawsuit may take any amount of time to resolve.

Personal Injury

Nevada’s statute of limitations for motor vehicle accident lawsuits is generally two years. There are some exceptions to this rule, such as for the plaintiff’s disability or age. Minors cannot sue as children, so the statute of limitations “tolls” for these victims until they turn 18, giving them until age 20 to sue.

Wrongful Death

Truck accidents are often fatal, leaving victims’ survivors with a cause of action for a wrongful death claim. While the statute of limitations for wrongful death truck accident lawsuits is also two years, it does not go into effect until the date of the victim’s death, which may be days or weeks after the collision occurred.

What Damages Will Your Henderson, NV Truck Accident Lawyer Seek?

In a compensation claim against the negligent trucker and their employer, who also owns the vehicle, our lawyers will aim to recover all damages on your behalf.

Lost Wages

Lost wages represent your missed income while injured, which our truck accident lawyers can calculate using recent paychecks. Your lawsuit can also cover lost earning capacity if you can never return to the same job because of a permanent injury.

Medical Expenses

Medical expenses start coming in after your first emergency room visit, and you may need many additional appointments, surgeries, or other treatments, all of which our lawyers can include when calculating your total medical damages.

Property Damage Costs

Your car is most likely totaled or otherwise seriously damaged after a collision with a large truck, and a lawsuit can help cover property damage costs as well.

Additional Out-of-Pocket Expenses

You may require transportation accommodations, need to make alterations to your home, or even hire childcare due to an injury to your neck, spine, head, or back. All of these damages are also recoverable in a lawsuit, so report them all to our truck accident lawyers.

Pain and Suffering

We will also seek compensation for non-economic damages, which reflect the pain and suffering you endured as a result of the accident. The best evidence of non-economic damages is typically the victim’s testimony, so we may have you testify if your case goes to trial.

You can keep track of your pain and suffering by writing in a journal or speaking to a therapist.

Exemplary Damages

When defendants act with fraud, malice, or oppression in Nevada, courts may award exemplary damages to plaintiffs. These damages are used to make examples of defendants and are common in trucking accident claims when companies force truckers to drive overtime and when fatigued, recklessly ignoring driving limits and knowingly endangering others on the road.

What Evidence Do Our Lawyers Use in Truck Accident Claims?

Our attorneys can handle gathering most of the evidence you need to file a successful truck accident claim in Henderson.

Accident Photos

Always take pictures of any visible damage to your vehicle and the truck. The truck may have only minor dents or scratches because of its size compared to your car, but you should photograph it anyway. Also, take pictures of any debris on the road, like broken glass or car parts.

Photos help us reconstruct the accident for the jury if your case goes to trial.

Eyewitness Statements

Eyewitnesses can corroborate the facts we present in your claim, so ask any you see at the scene for their contact details. Promptly interviewing eyewitnesses is vital, or else they might forget crucial details.

Medical Records

We also need all your relevant medical records. We may also get past medical records to show you did not have a pre-existing injury and that you were hurt during the truck accident. It always helps to document injuries immediately, so go to the hospital right away if you are hurt.

Medical records prove the severity of your injury and outline your treatment plan, so they are necessary evidence in any injury claim.

Surveillance Footage

When a collision occurs at an intersection or in front of a home or business, surveillance camera footage may exist, which our lawyers can obtain and review. Many security cameras automatically overwrite footage after a few days, so we must contact the owners immediately to preserve and use the footage.

Trucker Driving Logs

Truckers generally use “electronic logging devices” to log their hours and miles. Inaccurate or incomplete logs may help your case, and our lawyers can get this evidence as part of the discovery phase of your lawsuit.

Vehicle Black Box Data

Most modern vehicles, including passenger cars and commercial semi trucks, have “black boxes” that record events such as brake and seat belt usage, steering angles, acceleration, deceleration, and airbag deployment, among others. Black box data may show the truck driver was speeding and did not try to stop and avoid the accident, or that the impact to your vehicle was so severe that all airbags deployed.

FAQs About Truck Accident Lawsuits in Henderson, NV?

Should I Call the Police After a Truck Accident?

Call the police after any collision, especially a bad truck accident that leaves you severely injured and your vehicle very damaged. Calling the police generates a crash report, which our lawyers can obtain and use.

Should I Go to the Hospital After a Truck Accident?

Always go to the hospital if you are at all injured, which is very likely after a collision with a large truck. If paramedics arrive and offer to take you to the hospital, let them.

What Injuries Are Common in Truck Accidents?

The following are some of the most common truck accident injuries victims sustain:

• Amputation
• Concussion
• Crushing injury
• Facial injury
• Fracture
• Spinal cord injury
• Traumatic brain injury

Bruises, lacerations, whiplash, and other injuries are also common and deserve compensation if you incur damages.

How Do I Get My Medical Records for a Truck Accident Lawsuit?

We can get the medical records you need for your truck accident lawsuit by requesting them on your behalf.

How Long Do You Have to Sue for a Truck Accident?

You have two years to sue for a truck accident, with the statute of limitations starting to run on the date of the collision.

Do You Need Eyewitness Statements?

Eyewitness statements significantly strengthen compensation claims, and having them as evidence may convince the defendant to pay a larger out-of-court settlement.

Will Your Truck Accident Claim Go to Court?

Truck accident lawsuits typically settle, meaning you may not have to go to court at all to get damages. We may suggest taking your case to court if settlement offers do not improve or negotiations take too long.

Does Nevada Cap Compensation in Truck Accident Lawsuits?

Compensation is only capped in medical malpractice lawsuits and claims against governmental entities. If a municipal trash truck hit and injured you in Henderson, total damages would be limited to $200,000.

In all other truck accident claims, like lawsuits against private trucking companies, there’s no cap on compensatory damages.

Can You Get Future Damages from a Truck Accident Lawsuit?

Permanent and long-lasting injuries have ongoing consequences for victims, entitling them to recover future damages from their truck accident lawsuits in Henderson.

What is a Fair Truck Accident Settlement?

We can assess whether truck accident settlement offers are fair by comparing the amounts to our calculations of your total damages. There is no “average” truck accident settlement, as victims’ injuries and damages differ substantially.

How Long Will My Truck Accident Case Take?

Based on the strength of your case, our lawyers may estimate how long settlement negotiations may take before the defendant offers an amount worth accepting. Tell us if a fast resolution is your top priority, or if you are open to going to trial or extending settlement negotiations until offers improve.

What if I Share Fault for a Truck Accident?

If you share liability for a truck accident because you were also speeding or following too closely, Nevada’s comparative fault rule would lower your compensation based on your percentage of liability, which the jury can decide.

Can I Change My Mind About Settling a Lawsuit?

You can change your mind about accepting a settlement up until the moment you sign the agreement in Henderson.

What Do I Have to Prove in a Truck Accident Lawsuit?

To win your truck accident lawsuit, you must prove it is more likely than not that the defendant’s negligence injured you, known as meeting the “preponderance of the evidence” standard.

Do I Need a Lawyer to Win My Truck Accident Case?

Without experienced attorneys, victims risk missing the statute of limitations, undervaluing their claims, accepting bad settlements, and even making spelling or other mistakes in the complaint and other filings that disrupt or jeopardize their case.

For Help with Your Truck Accident Case in Henderson, NV, Call Us Today

Call the truck accident lawyers of Mitchell Rogers Injury Law at (702) 702-2622 for a free case assessment today.