Truck Accident Lawyer in Summerlin

Commercial trucks and truck drivers move goods across our country every day. Like motorists, truck drivers are also prone to auto accidents. Because commercial trucks are larger than cars, they can cause greater harm. These trucks weigh thousands of pounds, and their force of impact can be life-threatening. Injuries can be catastrophic, and treatment is often costly and may last long-term.

It is important to seek the guidance of a truck accident lawyer in Summerlin who could assist you in obtaining compensation from the parties responsible.

At Shook & Stone, a resourceful Summerlin personal injury lawyer knows what your case needs to be successful, and will fight tirelessly on your behalf. With over 150 years of combined experience, we help you get justice and rebuild your life. 

Common Causes of Truck Accidents in Summerlin

Truck accidents are often the result of negligence by drivers, trucking companies, mechanics, cargoloaders, or manufacturers. Because any of these parties could be liable for the accident, it can take time to determine what caused it and who is responsible. However, determining the cause of these collisions is essential for holding the right party accountable and knowing how to proceed. 

Truck drivers and other industry personnel must comply with strict federal regulations governing operations. Truck drivers must adhere to hours-of-service regulations that govern their driving and rest times to mitigate the risk of fatigue.

Additionally, truck driver drug and alcohol use is also a serious problem that can contribute to serious accidents with other motorists.

Other factors that contribute to truck accidents in Summerlin include traffic congestion, speeding, weather, road conditions, and distractions.

These errors can be catastrophic because trucks cannot react or stop quickly enough to avoid harm. Trucks may also experience mechanical failure or overload, which could be catastrophic.

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Types of Truck Accidents That Can Occur in Summerlin

The factors involved in a truck accident can influence the type of accident and its outcome. Each type of collision may transfer energy differently upon impact and range in severity.

Additionally, while crashes involving large trucks can occur anywhere, they are more likely to happen on non-interstate roads than on highways.

Common types of accidents include:

• Rear–end accidents: When trucks fail to stop in time, they can cause rear-end accidents. The force of impact can cause vehicle damage and push passenger vehicles forward into traffic or other cars. Motorists absorb the majority of the collision’s impact. 
• Head–on collisions: These severe accidents can have catastrophic or even fatal outcomes. The size and weight of a large truck can cause immense damage when it hits a smaller vehicle from the front. 
• T–bone accidents: These accidents are most likely to occur at intersections. Side-impact collisions with trucks are particularly dangerous because there is minimal protection on the sides of passenger vehicles, making them very susceptible to severe injury when hit by a large truck.
• Sideswipe accidents: Trucks have large blind spots that can make it difficult for them to see smaller vehicles within these areas. As trucks move to change lanes, they can sideswipe vehicles right next to them. 
• Jackknife accidents: These accidents occur when the cab and trailer of a truck fail to move together and fold in on itself. This can occur as a result of road conditions, imbalanced or unsecured cargo, or sudden stops. 
• Rollover accidents: Large trucks have a higher center of gravity and are more top-heavy. This means that they may tip and rollover more easily if they get off balance. This can occur with unsecure or imbalanced cargo, or if trucks take curves too fast.  
• Underride accidents: When passenger vehicles slide under the trailer of a truck, this is known as an underride accident. These collisions are often severe, as the accident affects the top part of the vehicle and the upper body. Vehicles may also end up being crushed by the truck’s tires. 

Truck drivers also have larger blind spots, which make it harder for them to see motorists. This increases the chance of any one of these accidents.

Motorists can also contribute to these accidents if they stay within a truck’s blind spot or cut off a truck when changing lanes. This limits the truck driver’s ability to react or maneuver in time to avoid an accident.

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Negligence in Truck Accidents

Negligence and negligence per se are two of the most common claims that plaintiffs bring against truck drivers or employers. Truck drivers have a responsibility to all motorists to drive safely. If a trucker becomes distracted or suffers from driver exhaustion and causes an accident that injures others, they will be deemed negligent for the victim’s injuries.

Negligence per se is a legal construct in which a person who violates a law or statute is responsible for injuries caused to those the law intended to protect. For example, driving under the influence is illegal under NRS 484B.150.

If a truck driver is intoxicated while on duty and causes a collision, they may be liable because drunk driving laws are intended to protect fellow drivers, passengers, and pedestrians. 

Our attorneys can provide more background on determining liability. They will carefully review the factors involved in your case and help gather evidence so they can establish the correct party’s liability.

Your lawyer will show that the at-fault party failed in their responsibility to ensure safety and acted negligently. As a result, they caused the accident and your losses and must pay for the damages. 

Vicarious Liability for Truck Companies

A Summerlin truck wreck attorney can assist in evaluating the nature of the case and which parties can be held responsible. In many instances, the trucking company can be found liable along with the driver. Trucking companies have a lot more money and insurance coverage than the drivers they employ, which will help in a potential lawsuit.

The employer’s liability falls under the legal concept of vicarious liability. To demonstrate a vicarious liability claim, a plaintiff must show that the trucking company employs the truck driver, the truck driver was behaving within the parameters of his or her employment at the time of the accident, and the truck driver’s conduct directly caused the plaintiff’s injury.

Once established, the trucking company is held responsible for the actions of its drivers and must pay for the plaintiff’s damages.

Lawyers use evidence to build a strong vicarious liability claim to ensure accountability and to help clients recover the compensation they are entitled to for their losses. 

How Other Parties Can Contribute to Truck Accidents

While truck drivers and trucking companies are most commonly at fault for contributing to truck accidents, other parties involved in truck operations can be negligent as well. These parties are more indirectly involved, but can still cause great harm to others. 

For example, mechanics are responsible for truck maintenance and repairs so the truck remains in working order. Cargoloaders are in charge of balancing cargo, properly securing it, and making sure that weight limits are not exceeded so trucks don’t tip over. Manufacturers must take care to avoid flaws in the design or production of trucks and truck parts. 

When any one of these parties does not execute their responsibilities with the care and attention required, they put drivers and motorists at risk. When accidents occur, they can be held liable for negligence if their actions caused the accident to occur. 

Comparative Negligence in Summerlin Truck Accidents

While there are several potentially liable parties within the trucking industry, sometimes motorists can be at fault for these accidents. For example, motorists may cut off trucks when changing lanes, make sudden stops, speed through intersections, and more. Because large trucks aren’t able to stop or maneuver as quickly, they may not be able to avoid impact with a car. 

Nevada law makes provisions for instances of shared fault. According to NRS 41.141, each party’s role in the accident will be evaluated and assigned a percentage.

Parties who are 50% or less at fault may recover reduced compensation for their losses, while those who contributed to the accident by more than 50%  are prohibited from recovery altogether. 

If you suspect you may have contributed to a truck accident and are unsure about recovery, talk to an experienced lawyer right away. They will discuss your options with you, as well as help optimize your case for favorable results.

Lawyers also protect you from absorbing blame that isn’t yours. Insurance companies and opposing parties may try to do this to avoid taking responsibility or offering a payout.

Financial Damages for Truck Accidents

Compensatory damages are a form of financial compensation designed by the law to return an injured person to the same status they were before the accident in question, or close to it.

They help offset financial costs and secure the resources needed to alleviate pain and suffering. Damages may be awarded to cover some or all of the following losses:

• Medical costs
• Rehabilitation and physical therapy
• Equipment, accommodations, and assistive technology
• Auto repairs
• Lost income
• Funeral and burial expenses
• Pain and suffering
• Emotional distress
• Lost quality of life and enjoyment
• Loss of companionship or consortium

Each of these losses can set you back significantly without the help of compensation. The overall value of a settlement is determined by the extent of injuries, how severe they are, the at-fault driver’s insurance policy limits, and any degree of partial fault.

To ensure you receive the maximum compensation you’re entitled to, a lawyer will help you calculate the value of your case and fight for a favorable outcome. 

When Punitive Damages May Be Applicable

Under NRS 42.005, if the defendant is found to have acted maliciously or recklessly, the plaintiff may claim punitive damages. Punitive damages are rare and intended to punish parties that have engaged in especially risky behavior; they must be obtained at trial. 

An experienced Summerlin truck accident attorney from Shook & Stone can provide insight into which types of damages are available.

How Nevada’s Statute of Limitations Can Impact Your Case

To recover damages for your losses after a truck accident, you need to act quickly. Victims only have a limited amount of time to pursue legal action before recovery is barred.

Per NRS 11.190, injured persons must resolve their case within 2 years of the accident. Given the complexity of these cases, it is crucial to avoid delays in starting your claim, so you have enough time to resolve it and recover compensation. 

How a Shook & Stone Truck Accident Lawyer Can Help You 

Truck accident claims are often very complicated to resolve and can be overwhelming for victims trying to recover their losses. This is why it is important to hire an experienced lawyer who is familiar with the processes and nuances associated with these cases. They are also prepared and ready to handle insurance and trucking companies that push back on efforts to recover compensation. 

When you hire a lawyer, you receive an advocate who protects your rights and effectively negotiates for you so you aren’t taken advantage of.

They will listen to you and gain a thorough understanding of your case so they can effectively fight for you and strategically tailor their approach to your case. Your lawyer will also review the evidence you’ve gathered and help you collect more as needed. 

With their help, you can rest assured that you will get better results than handling your case yourself. You can also be confident that your claim is accurate and submitted correctly and that all legal requirements are met. While you may be unsure about hiring a lawyer at the start, it can streamline your case and secure a larger settlement.

Call Our Office to Speak With a Truck Accident Attorney in Summerlin

An injured person has just two years from the date of their injury to file a lawsuit against the party at fault – so do not delay. If you have been involved in a truck crash in Summerlin, Sun City, Rhodes Ranch, Sovana, or the nearby area, you should call Shook & Stone for legal assistance.

The defendant’s insurance company will assemble a team of lawyers and adjusters to undermine your case and devalue your injuries.

Call our office today to schedule a free consultation, and a Summerlin truck accident lawyer can represent you in settlement talks or in court as you fight for your compensation.