If an intoxicated truck driver causes an accident that results in property damage and injuries, now is the time to pursue legal guidance and support. Talk with a drunk driving truck accident lawyer in Henderson, and they can help you request compensation from the liable party or their insurance company.
Shook & Stone Injury Lawyers has over 150 years of combined experience. Allow a Henderson truck accident lawyer from our team to evaluate your case. In your situation, we want to help you recover compensatory damages through a drunk driving truck accident claim or lawsuit. To find out more, schedule a free case consultation.
Why You Should File a Drunk Driving Truck Accident Claim in Henderson, Nevada
An insurance claim can be an excellent first step toward securing compensation for some of your losses from a truck accident caused by an intoxicated motorist or another party. Your drunk driving truck accident attorney in Henderson can explain the claims process and assist you at each stage.
Your Henderson personal injury lawyer can negotiate an insurance settlement for you. They can inform you about any settlement offers that are made. Of course, if you don’t receive a settlement proposal you feel is fair, your attorney can continue to negotiate or bring your case to trial.
Shook & Stone Injury Lawyers provides FAQs and other resources to those who are unsure about whether to file a drunk driving truck crash claim. Or, if you’re ready to file a claim, we can help you do so promptly. For more information, request a free case consultation.
When to Sue for a Drunk Driving Truck Collision
Your Henderson drunk driving truck accident lawyer can teach you about the statute of limitations for personal injury claims in Nevada. If an at-fault party’s insurance company doesn’t offer a reasonable settlement, your attorney can help you sue in accordance with Nevada law.
Under Nevada Revised Statutes (NRS) 11.190, if you want to file a lawsuit against someone liable for your drunk driving truck crash and injuries, you generally have two years to do so. However, certain exceptions sometimes apply.
Once your lawsuit is filed, your lawyer wants you to keep your focus on self-care and recovering from the harm you’ve suffered. Your attorney can explain the average settlement in a personal injury case and request damages covering your tangible and intangible losses.
How Much Money You Can Get in a Drunk Driving Truck Collision Case
Unfortunately, an insurance adjuster can try to devalue your claim. Thankfully, your truck accident attorney will account for your economic and non-economic damages as they engage in settlement negotiations with a liable party or their insurance company. Reasons you can recover damages for your losses from an accident involving an intoxicated truck driver include:
- Pain and suffering
- Car repair or replacement costs
- Medical bills
- Lost wages
- Decreased earning capacity
Settlement negotiations with an at-fault party can remain ongoing until your case reaches trial. If your case goes to trial, your lawyer can argue how the defendant committed an act of negligence and, due to this, should pay damages.
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How to Prove That Someone Was Driving a Truck While Intoxicated and Caused Your Accident
Your personal injury attorney can collect a wide range of proof to use in your argument. If your lawyer has relevant evidence, they can describe to the court how a truck driver was intoxicated, which can help you secure damages. Below are types of proof your lawyer can utilize to prove negligence:
- Blood alcohol concentration (BAC) test results
- Police reports
- Field sobriety test results
- Medical records
- Open alcohol containers or other physical evidence from the accident scene
- Traffic camera or dash cam footage of your accident
- Witness statements
- Black box or electronic logging device (ELD) data
Regardless of the evidence at your disposal, the truck driver involved in your accident or other liable party can contest your case. Your lawyer is prepared to stand up for you against the defendant and their legal representation. They want to make it clear that any liable parties were negligent, which can prompt the court to rule in your favor.
Who Can Be Held Liable for a Drunk Driving Truck Accident
The truck driver who chose to engage in drunk driving can be held liable for your accident. Aside from the truck driver, other parties may be at fault for a drunk-driving truck collision. These parties include:
- Truck driver’s employer
- Truck owner
- Truck maintenance company
- Cargo loader
Per NRS 41.1305, Nevada has a dram shop law, but its scope is very limited. Typically, a bar, restaurant, or liquor store cannot be held responsible if they overserve someone who later chooses to drive a truck while intoxicated and causes an accident.
What Negligence Means in an Intoxicated Driving Truck Accident Case
If you sue for compensatory damages based on an intoxicated driving truck accident, you will have to prove negligence before a judge or jury will award damages. Your lawyer can put together an argument focused on negligence that highlights to a judge or jury why you should receive compensation.
Your lawyer’s argument can center around how the defendant was careless and how their actions led to your drunk driving truck crash. They can also provide the court with your medical bills, pay stubs, and other evidence illustrating your financial losses from the incident.
In alignment with NRS 41.141, modified comparative negligence can affect your case outcome. Because of this, there are instances in which those partly responsible for accidents involving intoxicated truck drivers can recover partial damages or are barred from getting compensation.
Ask for Help from Our Henderson Drunk Driving Truck Accident Lawyers
Let a Henderson drunk driving truck accident attorney from Shook & Stone Injury Lawyers help you with your claim or lawsuit.
We can fight to secure you a settlement from the liable party’s insurer. Alternatively, we can appear before a judge or jury and argue your case in court. Reach out to us today.
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