Winchester, NV Truck Accident Lawyer

Truck accidents are often more catastrophic than other vehicle accidents. They can also be more challenging for victims to recover compensation for after.

Our attorneys are ready to help when large trucking companies and their drivers cause an accident. We can determine how long you have to file your lawsuit and start gathering evidence immediately, like surveillance video and witness statements. Our team will identify the liable parties, which typically includes both the driver and the trucking company. If the defendants refuse to settle the case during negotiations, we will not hesitate to go to court and prove how they violated the law.

For a free case assessment, contact the truck accident attorneys at Mitchell Rogers Injury Law at (702) 702-2622.

How Long You Have to File a Truck Accident Lawsuit in Winchester, NV

The “statute of limitations” determines how long injury victims have to file a legal claim after an accident. In Neveda, truck accident victims generally have two years to file a personal injury lawsuit for damages under NRS 11.190(4)(e). The countdown typically begins the moment you are injured.

This is a short amount of time to gather records, interview witnesses, and calculate damages. Our truck accident lawyers can determine your case’s filing deadline and prepare the complaint as quickly as possible.

Filing After the Deadline

The statute of limitations is one of the strictest legal rules. When an injury victim files a lawsuit after the deadline, the defendant’s attorney will file a motion to dismiss the claim, which the court will grant. The plaintiff will not be able to recover any compensation after that.

Despite the strictness, certain circumstances can prevent the statute of limitations from running, allowing victims more time to file.

Filing Time for Those with Disabilities

Under 11.250(2), those with a legal disability when the accident occurred will have the time paused if they do not have the mental or physical capacity to file a lawsuit. The countdown will stop for as long as the disability exists.

If a truck accident victim with two or more coexisting disabilities at the time of the crash, the limitations period will not run until all are removed under 11.370.

For example, someone put in a coma by a truck accident might not be able to file within two years. This exception would pause the two-year countdown until they were conscious and aware of their legal rights.

Filing Time for Minors

Minors are also considered legally disabled since children cannot file a lawsuit. Instead, the statute of limitations is paused until a minor truck accident victim turns 18 years old under 11.250(1). Then, they have two years to file an action.

Filing Time When the Liable Party is Absent from the State

One exception often relevant to truck accident lawsuits is for liable parties who are not in Nevada. Considering its close proximity to Las Vegas, Winchester likely has thousands of trucks driving through nearly every day. Many of those truckers and trucking companies are not based in the state.

A trucking company’s headquarters might be in a neighboring state and refuse to return for a lawsuit. Similarly, truckers might not return when sued individually.

If they are located out-of-state at the time of the crash or depart after it, that time will not count against the statute of limitations under 11.300 until they return.

Filing Time for Claims Against State and Local Governments

State and local government truckers also cause injuries, but the filing rules in these cases are slightly different.

When a state or local truck driver causes a crash, victims generally have two years to file a lawsuit with the state Attorney General or local political subdivision that employs the driver under 41.036.

In government truck accident cases, victims can also file a tort claim before a lawsuit, which also must be filed within two years. The Attorney General’s Office or local subdivision will review the claim, rejecting it or approving payment.

However, this is not a prerequisite to filing a lawsuit, which is often the best way to recover your economic and non-economic damages fully.

How a Winchester, NV Truck Accident Lawyer Can Help Your Case

An attorney experienced in truck accident cases can help you in numerous ways, increasing your chances of success.

Gather Evidence

You need evidence to prove liability after a truck accident, which often comes from many sources.

If you took pictures or videos of the crash scene and your injuries, we can use them during your claim. We will also gather video evidence from the truck’s surveillance system, if available.

Medical records, income statements, and other documents can help prove your damages. Our team will contact each of your healthcare providers, your employer, and others with evidence to calculate your economic losses.

Witnesses should also be interviewed as soon as possible. We can get the police accident report and identify potential witnesses if you could not speak to any on the scene.

Determine Fault

Truck accident claims are difficult because multiple parties are often responsible for a victim’s damages.

In many cases, when a truck driver causes an accident, the trucking company can be held vicariously liable for their negligence. We can determine if the driver was on duty and acting in the scope of his work when the accident happened.

Trucking companies can also be sued for their own negligent conduct, such as failing to screen for potentially dangerous drivers, violating driving limits, and foregoing routine inspections and maintenance.

We can also investigate whether other parties contributed to the accident, like another negligent driver or truck manufacturer, and include them as defendants.

Understand the Laws

Truckers and trucking companies are subject to numerous complex federal and state regulations. Understanding these laws is crucial to proving how a truck driver or company caused an accident, such as knowing when they violate the driving limits.

Call Our Truck Accident Attorneys in Winchester, NV for Help

Call Mitchell Rogers Injury Law at (702) 702-2622 for a free case review with our truck accident lawyers.