You can seek compensation for your injuries and losses if you are a truck accident victim. You are entitled to compensation for various damages. These include injuries or property damage due to a trucking accident caused by someone else's negligence or wrongful actions. However, you should work with a personal injury attorney to maximize the possibility of securing fair compensation.

Where to Start Following a Trucking Accident

After seeking medical attention, the next step is seeking compensation for the expenses you have incurred for your injuries and the costs you have incurred to repair your property.

Sending a demand letter and attempting to negotiate a settlement is often the first step a personal injury attorney takes following a trucking collision. It aims to resolve the case without the need for litigation. The attorney files a civil lawsuit against the responsible parties if a settlement cannot be reached.

Litigation is generally a last resort. Most cases settle before reaching trial. However, filing a lawsuit can pressure the defendants and their insurance company to take the issue seriously. Further, the suit could prompt a fair settlement offer.

During the litigation process, both sides engage in discovery. The process entails collecting evidence, including medical records, eyewitness testimony, and expert witnesses' statements. Additionally, the discovery also includes documentary evidence, such as:

  • Video footage
  • Eyewitness testimony
  • Accident reports
  • Repair receipts
  • Testimony from expert witnesses, for example, an accident reconstruction expert.

If the case proceeds to trial, the plaintiff’s attorney presents the evidence to the court.

At trial, a jury would evaluate the evidence the plaintiff's injury lawyers presented. After that, they will determine whether the defendants are liable for the plaintiff's injuries. If the plaintiff prevails, the court awards compensatory damages and potentially punitive damages if warranted under Nevada law.

Defendants can challenge or contest the court's decision through an appeal process. Any appeal pursued will delay the payment of any awarded compensation.

Who to Sue in a Trucking Accident

Determining whom to sue after a trucking accident depends on the case's specific circumstances and the factors involved. Here are some parties that the plaintiff could sue following a trucking accident:

  • Truck driver — If the truck driver's negligence or wrongful actions caused or contributed to the accident, you can hold them liable. Their negligent acts include speeding, distracted driving, driving under the influence, or violating traffic laws.
  • Trucking company — The trucking company that employs the driver can also be liable in certain situations. The company can be liable in two ways. The company is responsible if the driver acted within the scope of their employment during the accident. Alternatively, they could potentially share responsibility for the accident if the company was negligent in hiring, training, or supervising the driver.
  • Vehicle manufacturer — If a truck or its components’ defect contributed to the accident, the manufacturer could be held liable. This could include defects in the braking system, tires, steering mechanism, or other parts that led to the accident or exacerbated its severity.
  • Maintenance or repair company — If the accident was caused by inadequate maintenance or negligent repairs, the company responsible for servicing the truck could be liable for its negligence.
  • Cargo loading company — Improperly loaded or secured cargo can cause accidents, especially if it shifts or falls off the truck. If the cargo loading company fails to properly load and secure the cargo, they should be held accountable for their actions. However, this will happen if the improper loading caused the accident.
  • Other parties — Depending on the circumstances, other parties could bear some responsibility for the accident. For example, if the road conditions or signage were hazardous and contributed to the accident, the government agency responsible for maintaining the roadway could be held accountable.

Proving Your Claim

The specific claims or causes of action that a crash victim can bring against the defendants in a trucking accident case depend on the circumstances. Here are some common causes of action that apply:

     a) Negligence

Negligence is a common cause of trucking accidents. To establish negligence, you must demonstrate that:

  • The defendant owed you a duty of care
  • They breached that duty through their actions or inaction
  • The breach directly caused your injuries, and
  • You suffered damages as a result.

Negligence is primarily attributable to the truck driver and trucking company. Additionally, other parties involved in the accident could also become defendants.

If a truck driver becomes distracted or fatigued, they will likely cause an accident. If they cause a crash that injures another person, their actions are deemed negligent against the victim. Other factors include:

  • speeding
  • driving under the influence, or
  • failing to maintain the truck properly can also be an example of negligence.

     b) Negligence Per Se

Negligence per se is a legal doctrine. According to the principle, a defendant's violation of a statute or regulation establishes their negligence as a matter of law. In Nevada, to prove negligence per se, the plaintiff generally needs to demonstrate the following elements:

  • Duty to follow the law — The defendant, in this case, the truck driver, had a duty to follow a specific law or statute.
  • Plaintiff as an intended protected person — The plaintiff’s attorney must show that they are one of the people the law was designed to protect. This typically includes fellow drivers, passengers, and pedestrians who are at risk of harm due to violations of traffic laws by truck drivers.
  • Violation of the law — The plaintiff should demonstrate that the truck driver violated the statute or regulation.
  • Proximate cause — The plaintiff should establish a direct link between the defendant's violation of the law and the injuries suffered. The link is referred to as a proximate cause. It should be evident that the defendant's violation of the law was a substantial factor in causing the accident. Further, it should be clear that the plaintiff's actions caused the resulting injuries.

If a truck driver violates a traffic law, for example, speeding (NRS 484B. 600) or driving while intoxicated, and that violation leads to a car accident, the truck driver is considered negligent per se against the victim.

     c) Vicarious Liability

In Nevada, the legal doctrine of respondeat superior is also known as vicarious liability. Under this doctrine, you can hold an employer responsible for the negligent actions of its employees. This principle is applied to trucking accidents. The truck driver's employer is held liable for the employee's actions. To establish vicarious liability or respondeat superior, the plaintiff generally needs to demonstrate the following elements:

  • Employment relationship — You must show that an employment relationship existed between the truck driver and the defendant. This can be established by demonstrating that the company employed the truck driver. Further, you must show that the driver was on duty when the accident occurred. This means that the actions leading to the accident were carried out in furtherance of the truck driver's job duties or within the authorized course of their employment.
  • Proximate cause — The plaintiff must establish a direct link, known as proximate cause, between the truck driver's actions and the plaintiff's injuries. It needs to be evident that the truck driver's negligent actions while acting within the scope of their employment, were a substantial factor in causing the accident and resulting injuries.

Under the doctrine of respondeat superior, if the plaintiff can prove these elements, the truck driver's employer could be held liable for the plaintiff's injuries. This is advantageous for plaintiffs because trucking companies often have more significant financial resources and insurance coverage compared to individual truck drivers.

     d) Strict Product Liability

If a trucking accident occurs due to a defect in the truck, the manufacturer could be held liable under the legal theory of strict product liability. By proving the following elements, you can establish a claim of strict product liability against the manufacturer:

  • The truck was defective due to a design or manufacturing defect or inadequate warning or instructions — A design defect is a flaw in the truck's overall design. A manufacturing defect is an error that occurs during the manufacturing process. On the other hand, a warning defect is the manufacturer’s failure to provide adequate warnings or instructions. The instructions or warnings relate to the risks associated with using the product.
  • The defect existed when the product left the possession of the manufacturer or another party in the distribution chain — This means the fault was present when the truck was sold or transferred to the end user.
  • Reasonably foreseeable use — It needs to be shown that the truck was used in a manner that was reasonably foreseeable by the manufacturer. This means that the driver used the truck in a way that was intended or reasonably anticipated by the manufacturer.
  • A causal link between the defect in the truck and the damages or injuries suffered — You must show that the fault was a cause of the damage or injury to the plaintiff.

If the plaintiff can demonstrate these elements, the jury could hold the truck manufacturer strictly liable for the injuries or damages resulting from the defect.

     e) Wrongful Death

Wrongful death lawsuits are typically brought by the surviving family members or the deceased individual's estate. A wrongful death claim is an action by the surviving family members. The claim awards compensation for the losses suffered due to the untimely death of their loved one. The death should have been caused by another party's negligence or wrongful actions.

Damages You Can Recover from a Trucking Accident Lawsuit

In a trucking accident lawsuit, there are various types of damages that you could recover. The recoverable damages depend on the specific circumstances of your case. These damages compensate you for your losses and injuries from the accident. The types of damages that can be sought in a trucking accident lawsuit include:

     a) Economic Damages

Economic damages are the quantifiable financial losses you have incurred due to the accident. They can include:

  • Medical expenses — Compensation for current and future medical bills, hospital stays, surgeries, rehabilitation, medication, and other necessary medical treatments.
  • Lost wages — Jury awards for the income you have lost due to your inability to work due to the accident, including past and future lost earnings.
  • Property damage — Compensation for repairing or replacing your damaged vehicle or other property.

      b) Non-Economic Damages

Non-economic damages are subjective losses that are more difficult to quantify but significantly impact your life. They can include:

  • Pain and suffering — Compensation for physical pain, emotional distress, and psychological suffering caused by the accident and your injuries.
  • Loss of enjoyment of life — Awards compensate for losing the ability to engage in activities and enjoy life as you did before the accident.
  • Loss of consortium — Damages compensate for the loss of companionship, support, and affection from a spouse or family member due to the accident.

      c) Punitive Damages

Courts could award punitive damages in cases involving extreme negligence or intentional misconduct. These damages aim to punish the defendant and deter similar behavior in the future.

Statute of Limitations

Per NRS 11.190(4)(e), victims have two years from when they discovered their injury or should have reasonably discovered their injury to file a claim. Contacting an attorney promptly ensures you do not miss the deadline for filing a lawsuit. Failing to file within the specified time limit can make your claim time-barred. This means you could lose your right to seek compensation.

However, rule 9 of Nevada Rules Of Civil Procedure provides the exceptional circumstances courts consider that can extend the statute of limitations. They include the following:

  • Discovery of the injury — If the injury resulting from the trucking accident was not immediately apparent or discoverable, the statute of limitations could be extended. The two-year time limit will begin from the date the injury was discovered or reasonably should have been discovered.
  • Minors — If the accident victim was a minor during the incident, the statute of limitations is generally tolled. It means that the clock does not begin to run until the child reaches the age of 18. Once the minor turns 18, they usually have two years to file a lawsuit.

However, in most cases, the child’s parents or guardians could pursue damages for the minor. This situation is provided for under NRS 41.200.

  • Incapacity — Accident victims could be mentally or physically incapacitated at the time of the accident or during the two years. The statute of limitations could be tolled until the incapacity is removed or the victim regains legal capacity.
  • Concealment or fraud — If the defendant fraudulently hides the cause of action or the existence of an injury, the courts could extend the statute of limitations. The clock starts running when the plaintiff realizes or should have discovered the concealment or fraud.

Can I Recover Damages if I Was Prttly At-Fault for the Accident?

In Nevada, under the modified comparative negligence rule known as the "50% rule," a plaintiff can still recover damages even if they were partially at fault for the trucking accident.

According to this rule established under Nevada Revised Statutes 41.141, as long as the plaintiff's degree of fault is 50% or less, they can still seek compensation from the other party or parties involved in the accident.

Here is how the 50% rule works in Nevada:

If the Plaintiff's Percentage of Fault is 50% or Less

The plaintiff can recover damages. However, the amount of compensation will be reduced proportionally based on their assigned percentage of fault. For example, if the jury finds the plaintiff to be 30% at fault and the total damages are $100,000, the plaintiff would be eligible to recover $70,000 (after deducting the 30% for their share of the blame).

If the Plaintiff's Percentage of Fault is More Than 50%

The plaintiff is barred from recovering any damages. In this scenario, the defendant is considered to bear less responsibility or fault compared to the plaintiff. The plaintiff is primarily responsible for the accident.

Approaches Defendants Use to Fight Culpability in a Trucking Accident Lawsuit

Defendants in a trucking accident lawsuit have various strategies to fight back and defend their position. Some common defense strategies include:

     a) Denying Liability

The defendants could argue that they bear no responsibility for the accident. They could dispute your claims and present evidence or witnesses to challenge the plaintiff's version of events. They could assert that your or a third party’s negligence caused or contributed to the accident.

     b) Challenging Causation

Defendants could question whether their actions or the alleged negligence directly caused the plaintiff's injuries. They could argue that other factors or pre-existing conditions contributed to the injuries unrelated to the accident.

     c) Disputing Damages

Defendants could contest the extent of the plaintiff's claimed damages. They could argue that the injuries are not as severe as alleged and that the medical treatment was excessive or unnecessary. Alternatively, defendants could claim the losses presented are not supported by evidence.

     d) Comparative Negligence

If the plaintiff is found to be partially at fault for the accident, the defendants could assert comparative negligence as a defense. Defendants could argue that the plaintiff's negligence played a significant role in causing the accident and resulting injuries. This move aims at reducing their liability.

     e) Challenging Evidence

Defendants could attempt to challenge the admissibility or credibility of the evidence plaintiffs present. They will question witnesses' reliability or challenge expert opinions' validity. Alternatively, defendants could seek to exclude certain pieces of evidence from being considered by the court.

     f) Statute of Limitations

The defendants could fight the case by asserting the expiration of the statute of limitations. Thus, the defendants could seek to have the case dismissed.

Find a Las Vegas Truck Accident Attorney Near Me

Given the complexity of trucking accident lawsuits, consulting with an experienced personal injury attorney specializing in trucking accidents is advisable. They can guide you through your situation and help you navigate the legal process.

The combined experience at the Las Vegas Personal Injury Attorney Law Firm allows us to negotiate with insurance companies and, if necessary, represent your interests in court. We will ensure that all potentially responsible parties are held accountable, thus maximizing your chances of receiving fair compensation for your injuries and losses. Contact us at 702-996-1224 for a free case assessment.