Freight trucks are a constant presence on Henderson, Nevada’s stretches of the I-515 and US 95/93. And when accidents occur, they cause devastating injuries that are often fatal.
Our Henderson truck accident attorneys sue the trucking companies for the most money allowable under Nevada law for the victim and victim’s family. We fight to recover payment for all medical expenses, loss of support, pain and suffering, and punitive damages.
1. Who pays in a truck crash lawsuit?
Following a trucking collision in Henderson, Nevada, victims (or their families) can sue company that owns the truck. Since the truck driver who caused the crash is usually the company’s employee, the company is vicariously liable for the accident.1
If the crash was caused because the truck was in any way defective, victims can also sue the truck manufacturer for design defect and/or the mechanics who maintain the truck.
And in cases where potholes, broken traffic lights, or other road problems caused the crash, victims have a cause of action against Henderson or Clark County itself for failing to maintain safe highways.
2. What money can I sue for?
If the victim in a truck accident dies in Henderson, Nevada, the victim’s heirs can bring a wrongful death action against the at-fault parties in pursuit of damages for:
- grief and sorrow;
- the victim’s pain, suffering, or disfigurement;
- loss of probable financial support by the victim; and/or
- loss of companionship, society, and comfort.
Additionally, a deceased victim’s estate can bring a wrongful death action for:
- funeral/burial costs;
- special damages, such as medical bills that the victim incurred prior to death;
- compensatory damages that the victim would have recovered from the defendant had the victim lived; and/or
- any punitive damages that the victim would have recovered from the defendant had the victim lived.2
Meanwhile, victims who survive a Henderson, Nevada truck accident would seek such damages as:
- past, present, and future medical expenses related to the crash (including long-term home health care);
- lost wages from being too injured to work;
- diminished future earning capacity; and/or
- pain and suffering.
3. What if I partially caused the accident?
Under Nevada law, you can still sue and win a negligence lawsuit following a Henderson truck accident if you were 50% or less at fault. But your financial recovery will be lessened in proportion to your degree of fault.
So if you were in an accident with a big-rig semi-truck that caused one million dollars in damages, the court might find that you were 20% to blame for your injuries if you forgot to wear a seat belt. In that case, you could receive $800,000 in damages (80% of $1 million).
Learn more about how Nevada’s modified comparative negligence laws work.3
4. What is the deadline for filing a lawsuit?
Although two years sounds like a lot of time, it is imperative that you consult an attorney as soon as possible to work up your case. Traffic surveillance video may be erased within weeks, and the memories of eyewitnesses fade with each passing day. And it may be necessary to hire an accident reconstruction expert to examine the vehicles quickly before they get repaired or demolished.
5. What are the advantages of hiring an attorney?
Once you retain an experienced Henderson trucking accident attorney following your – or your loved one’s – accident, you can center all your attention on recovering and moving on. Meanwhile, we:
- gather all the available evidence;
- hire experts (if necessary);
- refer you to doctors (if necessary) who work on a medical lien basis;
- send demand letters to all the at-fault parties who owe you money damages;
- file suit (if necessary) against all the at-fault parties and handle all the court filings, legal pleadings, etc.;
- engage in strategic negotiations with the at-fault parties;
- hold aggressive depositions with the at-fault parties and go to trial (which is rare, since most cases settle).
Ultimately, our goal is to make the people who hurt you apologize with their wallet by paying you as much money allowable under the law. And since we do not get paid unless you get paid, it is risk free for you.
Injured in an automobile accident? Contact our Nevada trucking accident attorneys for legal advice and to discuss your legal options. See our related articles, Nevada truck accident laws – Is there a specific statute? and Typical settlement amounts for truck accidents in Nevada,
- See, for example, Brannan v. Nevada Rock & Sand Co. (1992)
- NRS 41.085. See, for example, Mahan v. Hafen (1960) 76 Nev. 220. See also Truck collision leaves 23-year-old motorcyclist dead in Henderson, NBC 3 (May 2, 2022). See also Sabrina Schnur, 1 killed in Henderson crash, Las Vegas Review-Journal (December 2, 2021).
- NRS 41.141.
- NRS 11.190.