Semi-Truck Accident Lawyer Las Vegas, NV
Semi-trucks are common on Nevada roadways, they transport goods and carry oversized loads. While everyone benefits from the service they provide, semi-trucks can also be involved in serious accidents. Semi-truck accidents are often more severe and complex due to their large size and the heavy loads they carry. Each year in the United States, there are around 500,000 accidents involving a semi-truck and about 5,000 of those accidents are fatal. If you or someone you love has been involved in a collision caused by a semi-truck, it’s time to contact Eglet Adams, a well-respected and experienced semi-truck accident lawyer, Las Vegas, NV residents know they can trust to represent their interests and obtain the compensation they need for their injuries.
Common Causes of Semi-Truck Accidents
Defective Parts: Defective truck parts like tires, brakes, lights, and engine components can lead to serious accidents.
Distracted Driving: Texting, eating, talking on the phone, searching for music or audiobooks are just a few of the distractions that can cause a truck driver to take their eyes off the road or become distracted.
Negligent Driving: Speeding, unsafe lane changes and other negligent driving actions can pose a serious risk to other drivers and result in an accident.
Fatigue: Driver fatigue can be common in semi-truck drivers due to delivery date requirements and trucking companies pushing drivers to meet unrealistic quotas. Often drivers are driving long distances with short breaks and less than quality rest.
Poor weather: Semi-truck drivers have a responsibility to adjust their driving due to inclement weather, this could be slowing down, using daytime headlights or waiting to drive until the weather conditions improve.
Nevada’s Comparative Negligence Laws
Semi-truck accident litigation can be very complex due to the various parties that can be held liable. The trucking company, the driver and the truck manufacturer may all bear a portion of responsibility for the accident.
Each state follows a different set of rules when it comes to who can sue in an accident, there are two main categories regarding fault rules:
- No-Fault: Only 12 states currently utilize a no-fault rule, meaning that in the event of an accident, each person’s insurer compensates their insured for claims.
- At-Fault: Also called a “tort-based system” the at-fault rule means that the person who was legally at fault for an accident assumes the liability and their insurer will pay for damages and injuries caused by the accident.
If your state is an at-fault state, it will follow one of two tort rules that apply to the allocation of damages:
- Comparative negligence rule: Each party’s negligence is determined via a percentage and the defendant pays the plaintiff the percentage they is liable for and the plaintiff pays the defendant the percentage they are liable for.
- Contributory negligence rule: if a plaintiff is found negligent in any way for the cause of the accident, the plaintiff is barred from recovering any damages.
Nevada applies a modified comparative negligence statute (NRS 41.141). The statute states that even if someone is at fault for an accident, that they will still be able to attempt to recover damages. In Nevada, if someone caused an accident in part, they can still recover damages as long as their portion of the blame does not exceed 50%. If an individual’s fault is 50% or less at fault that individual will still be liable to pay the percentage of fault they caused.
It is important to note that while this statute can be applied in semi-truck or other car accident lawsuits where comparative negligence is used as a defense, NRS 41.141 does not affect the joint and several liability of defendants in an action based upon:
- Strict liability
- An intentional tort
- The emission, disposal or spillage of a toxic or hazardous substance
- The concerted acts of the defendants
- An injury to any person or property resulting from a product which is manufactured, distributed, sold or used in this State.
Eglet Adams: Semi-Truck Accident Lawyers
If you or your loved one has suffered due to a semi-truck accident, it is important to reach out to an attorney who is equipped with the skills necessary to litigate complex semi-truck accident cases. At Eglet Adams, our experienced lawyers are prepared to handle complex litigation and equipped to take cases to trial. Litigation can be difficult and expensive, and not every firm has the capacity to successfully try cases. Many firms will settle early at the disadvantage of the client due to a lack of resources or failure to realize the value of a case. Contact Eglet Adams today and we will schedule a free initial consultation with one of our truck accident lawyers Las Vegas, NV who can assess your individual case and help you decide the steps to take moving forward.