Commercial trucks and truck drivers provide an important service by moving goods across our country every day.
Like any ordinary motorist, however, truck drivers are also prone to auto accidents. Unfortunately, since commercial trucks, such as tractor-trailers, are so much bigger than regular cars, they can also cause much more harm. Commercial vehicles weigh thousands of pounds and the force of their impact can be life-threatening. Injuries suffered in truck accidents can be catastrophic, and their treatment is often costly and potentially long-term.
It is important to seek the guidance of a Summerlin truck accident lawyer who could assist you in obtaining compensation from the parties responsible. At Shook & Stone, our resourceful auto accident attorneys know what your case needs to be successful.
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 considered liable because drunk driving laws are intended to protect fellow drivers, passengers, and pedestrians. The Shook & Stone team can provide more background on determining liability.
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 a legal concept known as vicarious liability. To prove a vicarious liability claim, a plaintiff must prove 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.
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. Compensatory damages may be awarded to cover:
- Medical costs
- Pain and suffering
- Physical therapy
- Auto repairs
- Lost income
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 and must be obtained at the trial stage. An experienced Summerlin truck accident lawyer from Shook & Stone can provide insight on which types of damages are available.
Call Our Office to Speak With a Summerlin Truck Accident Attorney
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 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 and a Summerlin truck accident lawyer can represent you in settlement talks or in court as you fight for your compensation.