Big trucks provide critical services in the American economy. They transport vital goods across state lines, getting goods to their destinations much faster than trains. Without big trucks, America’s stores would quickly crumble. Unfortunately, big trucks also have big potential for accidents. Because of their large size and greater weight, big trucks need more room to maneuver on the road. Drivers need more room to stop. Attempting to quickly maneuver a big truck can cause the trailer to jackknife, leading to even more serious loss of control. Not only that, when big trucks cause accidents, victims may suffer more serious injuries due to the truck’s weight and the lower level of protection offered by smaller vehicles. Did you suffer serious injuries in a truck accident? You may need a Nevada truck accident attorney to help fight on your behalf.
Contact Benson & Bingham Accident Injury Lawyers, LLC today at 702-382-9797 to schedule your free consultation.
Benson & Bingham: Extensive Experience With Truck Accident Cases
When you suffer injuries in a truck accident, you want an attorney with extensive experience in personal injury law—and at Benson & Bingham Accident Injury Lawyers, LLC, we have plenty of experience to offer. Our past resolutions include:
While your damages will vary and we cannot guarantee results in any case, we do bring our extensive experience in personal injury law, including past truck accidents, to every case we handle.
According to the Federal Motor Carrier Safety Administration (FMCSA), in recent years, over 450,000 truck crashes have occurred on the nation’s roads and highways each year. If you have sustained injuries in a truck accident in Nevada, you might be overwhelmed with the physical pain, emotional stress, and financial burden which often accompanies serious injuries. It’s in your best interest to consult with an attorney as soon as possible, but we have provided answers below to some frequently asked questions about Nevada truck accidents until you have the chance to schedule a consultation with a qualified lawyer.
Handling Your Truck Accident: Understanding the Aftermath
After a serious truck accident, most people find themselves struggling to understand what comes next. How does the legal process work? What does the insurance company really need to know? Consider the following common questions:
Should I File a Police Report?
Because of the weight and mass of trucks, truck accidents lead to large amounts of property damage, increased bodily injury, and a higher chance of death than other types of collisions. It’s likely law enforcement showed up at your truck accident and completed a police report. If you didn’t speak with the police because you went to the hospital or they did not show up at the scene, Nevada law requires you to IMMEDIATELY file a police report whenever property damage, bodily injury, or death occurs.
Do I Have to Seek Medical Treatment?
Yes, you should always get checked out by a doctor after an accident. If you were lucky enough to walk away from a truck accident, it doesn’t mean you didn’t suffer any injuries. The impact of a serious crash can cause whiplash and brain injuries which might not show symptoms for hours or days after an accident. The only way to ensure your personal health is to let a doctor examine you for common injuries and determine whether you are okay. Visiting the doctor also provides proof of injury to insurance carriers and the court, drastically reducing doubt related to the cause of your injuries.
How Long Do I Have to Take Legal Action After a Truck Accident in Nevada?
Under Nevada law, you have two years to bring a personal injury lawsuit against the party(s) responsible for the truck accident. If you go beyond two years, it’s highly unlikely a court will hear your case, no matter how strong it is. Your lawyer needs to investigate the circumstances of your accident, determine your eligibility for compensation for damages, and you must allow time for an insurance company to settle before litigating. It’s in your best interest to contact a personal injury lawyer, who has experience with truck accidents, as soon as possible.
What damages can I claim after my truck accident?
After a truck accident, the damages that you can claim will depend on your injuries. How much you recover often varies based on the driver’s insurance policy. However, many people claim the following:
Medical expenses. Medical expenses start with ambulance transport from the scene of the accident and go through your emergency room visit, hospitalization, visits with specialists, physical therapy, durable medical equipment, and needed modifications to your home and vehicle after the accident.
Pain and suffering. In your truck accident, you likely suffered significant physical pain. You may also, however, suffer missed activities and opportunities, PTSD, or emotional disturbances related to the accident. A court may award you compensation for these losses.
Lost income. After your truck accident, you may have to spend time out of work while healing. Not only may you find your activities limited by your injuries, but also you may stay hospitalized until you begin to heal. Lost wages add up fast. You can claim those lost wages as part of your recompense from the insurance company after your truck accident. If your injuries permanently prevent you from returning to your previous job, you may also claim lost earning potential to help compensate.
What injuries do most people suffer from truck accidents?
Your truck accident injuries will vary based on the site of impact, the speed of your vehicle and the truck, and the stability of your vehicle. However, many people involved in truck accidents suffer the following injuries:
Traumatic brain injury. Traumatic brain injury often causes long-term issues, including sensory processing challenges, difficulty processing normal activities, and ongoing emotional regulation issues.
Spinal cord damage. Spinal cord damage can cause loss of mobility or even paralysis. Whether movement ever returns often depends on the individual patient, including their health and ability to recover.
Amputations. Because big trucks have such great mass, they may cause substantial crushing damage that can lead doctors to amputate limbs due to the inability to restore blood flow or function. Amputations may also occur during the accident itself.
Broken bones. Broken bones often cause long-term trauma and limitation that make it difficult for accident victims to return to their jobs and normal lives.
Soft tissue damage. Often, torn ligaments and tendons cause more discomfort and ongoing difficulty than broken bones.
Organ damage. Sometimes, truck accidents can cause ongoing damage to organs that make it difficult for victims to function.
Is the truck driver automatically responsible for the accident?
The truck driver may bear full or partial liability for your accident. You may, however, share part of that blame. Reckless driving, including distracted driving, can cause either party to contribute to a truck accident. If you failed to adhere to the rules of the road, including leaving adequate room for a big truck, you may share liability or bear full liability for your injuries. Other parties may also share liability, including:
A mechanic who failed to fully repair a problem with either vehicle, causing an accident.
Vehicle manufacturers who produced defective vehicles that are prone to accidents.
Trucking companies with unrealistic expectations for their operators, including asking them to drive too many hours or to drive in unsafe conditions.
Working with a lawyer will help you more effectively determine who bears liability for your truck accident.
Will the insurance company automatically pay any damages associated with the accident?
Insurance companies often try to limit their liability following truck accidents. The company might:
Offer a low settlement immediately after your accident.
Try to prove that you, not the truck driver, caused the accident.
Try to catch you exaggerating the extent of your injuries or limitations due to your injuries.
Do You Need a Nevada Truck Accident Attorney?
How can a lawyer help?
After a truck accident, you may wonder if a lawyer will prove themselves worth the investment—or if you can even afford one. At Benson & Bingham Accident Injury Lawyers, LLC, we start with a free consultation. We accept truck accident clients on a contingency fee basis. Oftentimes, we can help clients:
Increase the amount of their settlement.
Negotiate with insurance companies, freeing up their time.
Avoid costly mistakes that could prevent them from getting the settlement that they deserve.
Do I Need to Hire a Lawyer After a Truck Accident?
Yes and no. Not all traffic accidents require legal representation; and, you certainly don’t need an attorney for a minor fender-bender. Yet, many truck accidents can devastate victims and their families, requiring a lawyer to deal with the complexities that come with a severe accident. Additionally, truck accidents can involve multiple parties including the truck driver and their employer. Insurance companies refrain from playing games when an attorney is involved, so when you are dealing with severe injuries, it’s almost always in your best interest to hire an attorney.
Can I Afford a Truck Accident Lawyer?
Yes. The industry standard is that personal injury attorneys offer free consultations with potential clients. This allows an attorney to evaluate your case and allows you to make sure the lawyer you meet with is a good fit. If you choose us to represent you in your truck accident claim, we take your case on a contingency fee basis. This means you do not pay upfront, nor do you pay out-of-pocket. We collect attorney fees from any damages we recover for you in a settlement or a verdict in your favor.
Do I Have to Go to Court for My Truck Accident Claim?
Maybe, but not likely. Most personal injury cases that involve motor vehicle accidents settle long before they go to court. Your lawyer will negotiate with the insurance company(s) who represent the truck driver, his employer, and/or third party to reach an agreement that provides you fair compensation for your injuries and losses related to the truck accident. Yet, in some cases liability might not be clear and the defense might be unwilling to offer full and fair compensation. When settlement isn’t an option, our attorneys are skilled litigators who will aggressively fight for you in a Nevada court.
Should I Accept an Offer from the Insurance Company?
Trucking companies must carry large insurance policies because of the increased property damage and bodily injury which accompanies truck accidents. This does not mean, however, insurance carriers who represent trucking companies are easy to pay out claims. If a carrier knows their policyholder is negligent, they might try to avoid paying a large claim or court-awarded damages by offering an attractive settlement soon after the truck accident. These initial offers are meant to entice you to sign on the dotted line and give up your right to sue for damages. Yet, they aren’t usually close to the amount you actually deserve for your injury and losses. You should consider an initial offer as a starting off point for negotiations. Don’t accept the first offer, especially not without consulting an attorney. Most personal injury lawyers are skilled negotiators who can often get you are larger settlement than you could get on your own.
Can I Sue for Damages if I Am Partly to Blame for the Truck Accident?
The short answer is yes. If you’re concerned about your liability for the accident, or if the trucker or trucking company is blaming you for the injuries they inflicted on you, please don’t hesitate to discuss it with one of our truck accident attorneys.
If you suffered serious injuries in a truck accident, you may need an attorney to help. Call Benson & Bingham Accident Injury Lawyers, LLC today at 702.382.9797, or contact us online, to schedule your free consultation.
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“…. Every single aspect of our case was communicated either via email or phone and any questions that we had were answered within 24hours. I am so glad to have had their help and assistance through such a stressful time…. Thank you both so much!” -Taylor N.