A truck driver is operating their vehicle while distracted and causes an accident that leaves you injured and with property damage. Following the incident, review your legal options with a distracted driving truck accident lawyer in Henderson.
Shook & Stone Injury Lawyers has recovered over $1 billion in compensation for our clients. Let our Henderson truck accident lawyer handle your case. We can help you recover damages from the distracted driver liable for your accident or their insurance company. To get started, request a free case consultation.
Why File a Distracted Driving Truck Accident Claim in Henderson, Nevada
An insurance claim allows you to pursue compensation for certain losses from your accident involving a distracted truck driver. Partner with a distracted driving truck accident attorney in Henderson, and they can guide you through the claims process.
Your Henderson personal injury lawyer can communicate and collaborate with the insurance companies involved in your case. Along with this, your attorney can negotiate an insurance settlement and keep you updated about any offers.
If you want to find out what your case could be worth, now is the time to reach out to the team at Shook & Stone Injury Lawyers. We can evaluate your distracted driving truck accident losses and seek compensation for you accordingly. Contact us today.
Challenges That Can Come Up After You File a Claim for a Distracted Driving Truck Accident
Just because you file an insurance claim for a distracted driving truck crash doesn’t guarantee that the liable party’s insurer will offer a fair settlement. Your Henderson distracted driving truck accident lawyer knows your case’s value. Regardless, an at-fault party’s insurance company can dispute liability or offer a lowball settlement.
Your attorney can teach you about the causes of distracted driving and account for these in insurance settlement negotiations. However, if you don’t get a settlement offer you feel is sufficient, your lawyer has no issue with helping you file a lawsuit.
Based on Nevada Revised Statutes (NRS) 11.190, if you’re injured in a truck crash caused by a distracted trucker and want to sue for compensatory damages, you generally have two years to file your lawsuit, although some exceptions can apply. Your attorney can discuss the statute of limitations with you and help you sue in alignment with Nevada law.
Types of Compensation You Can Recover in a Distracted Driving Truck Collision Lawsuit
Your personal injury attorney wants you to obtain economic and non-economic damages in your distracted driving truck collision lawsuit. Below are types of damages that judges and juries sometimes award in distracted driving truck accident cases:
- Car repair costs
- Medical bills
- Lost wages
- Diminished earning capacity
- Loss of enjoyment of life
- Pain and suffering
Your lawyer wants to protect your rights after a truck accident. They can advocate for compensatory damages for your quantifiable and subjective accident losses. In addition, your attorney can craft an argument designed to prove that the truck driver involved in your accident was negligent.
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How to Prove Negligence in a Distracted Driving Truck Accident Case
Expect your truck accident attorney to consider Nevada’s distracted driving laws and whether these were breached as they prepare your case for trial. In your argument, your lawyer wants to prove that the liable party violated their duty of care and, by doing so, caused your accident, injuries, and damages.
A breach of duty can occur if a trucker texts and drives, eats, drinks, or does anything else that constitutes distracted driving. Your attorney wants the court to see that because the truck driver was distracted, they put you and others in danger and that their actions caused harm.
Outside of this, your lawyer can detail your tangible and intangible losses to the court. They can use your medical bills, pay stubs, and other financial documents as evidence supporting your damages request. Your lawyer can also provide the court with proof highlighting how the truck driver was engaged in distracted driving.
Evidence to Use to Show Distracted Driving
Truck accident lawyers can search for proof that reflects how a trucker was driving while distracted. Examples of evidence that your attorney can use to illustrate that the truck driver involved in your crash was distracted include:
- A truck driver’s cell phone logs
- Electronic logging device (ELD) data
- Telematics and GPS data
- Dash cam footage of your accident
- Black box data
- Police reports
- Witness statements
If your lawyer has relevant evidence, a liable party or their insurance company can struggle to contest your case. Thus, your proof has the potential to prompt either of these parties to propose a reasonable settlement before your case reaches trial.
When to Sue for a Wrongful Death from a Distracted Driving Truck Collision
Losing a family member in a fatal accident caused by a distracted truck driver can be emotionally devastating for you and your loved ones. As you cope with this tragedy, it’s important to note that you have access to legal help in the form of wrongful death lawyers.
An initial consultation with an empathetic and compassionate wrongful death attorney is a learning opportunity for you and your family. Depending on the situation, your lawyer can help you pursue compensation for the losses associated with your loved one’s death through a lawsuit.
If you file a wrongful death lawsuit, your lawyer can negotiate a settlement with an at-fault party. When they do, they can request damages for your loved one’s burial and funeral expenses and other losses. If needed, your lawyer is ready to present your case in court. At this time, they can describe to a judge or jury how the defendant was negligent and why you deserve damages.
There Are No Fees Unless We Win Your Case
Have a Henderson distracted driving truck accident attorney from Shook & Stone Injury Lawyers help you with your insurance claim or personal injury lawsuit.
Our lawyers work on a contingency fee basis, which means you don’t pay any attorney’s fees unless we recover money for you. For more information, schedule a free case consultation.
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