Tractor trails travel through Nevada each day, transporting different products. Tractor trails are often involved in various accidents, including head-on collisions, side-impact collisions, and motorcycle accidents.

Tractors are large vehicles. Therefore, an impact between them and another vehicle or a motorcycle can have devastating consequences. Most individuals involved in these accidents suffer severe injuries or death. Most tractor-trailer accidents result from negligence from the drivers, stakeholders in the trucking industry and road construction authorities. 

Victims of these collisions have a right to compensation for their injuries and losses. You can recover compensation for a tractor accident by filing a lawsuit against the negligent parties. Navigating the personal injury laws of Nevada is an uphill task. Therefore, you will require the insight of a reliable personal injury lawyer in your case.

Filing a  Lawsuit after a Tractor-Trailer Accident

Victims of tractor-trailer accidents have the right to recover compensation for their losses. You can seek compensation by filing an insurance claim or a lawsuit in court. However, most insurance companies do not want to compensate you for all your losses, so you must negotiate a favorable settlement.

If you fail to reach an agreement, you can file a lawsuit. In a personal injury lawsuit, the judge determines the amount you can recover for your losses. You must take these steps when filing a tractor-trailer accident lawsuit:

Understand the Trucking Regulations

The trucking industry in Nevada is subject to various state and federal regulations. These regulations ensure safety, efficiency, and compliance with transportation laws. You must understand these regulations when you are injured in a trucking accident.

This helps you determine the violations committed by the defendants and establish liability for the accident. The key trucking regulations in Nevada include:

  • Hours of Service

Trucking in Nevada is governed by the same hours of service regulations as the rest of the United States. These rules limit the number of hours a driver can operate a commercial vehicle to ensure safety on the road. Truck drivers should not operate for more than 11 hours within a 14-hour window. After working up to 11 hours, they must rest at least 10 hours before driving again.

The Nevada Highway Patrol and the Department of Transportation enforce the hours of service regulations. Working over the recommended hours can cause fatigue, a significant cause of trucking accidents.

  • Vehicle Maintenance and Inspections

Nevada law mandates that trucking companies ensure their vehicles are in good working condition. Drivers must conduct pre-trip inspections to check for safety defects or equipment malfunctions. Additionally, commercial vehicles are subject to periodic inspections by law enforcement officers.

These inspections can occur on the road, at weigh stations, or at designated points. Defects found during an inspection could result in fines or vehicle impoundment. Following the inspection regulations ensures that the vehicle does not have defects that can cause accidents.

  • Safety and Compliance

Trucking companies must comply with safety regulations. These regulations include ensuring drivers have proper training and undergo regular drug testing. Failure to comply with these regulations puts the truck driver and other road users at risk.

  • Weight Regulations

Nevada enforces specific weight and size limits for trucks operating on its roads. The general weight limit for trucks is 80,000 pounds gross vehicle weight, consistent with federal regulations. Vehicles exceeding these limits must apply for a special permit. Overloading a tractor can create instability, which increases the risk of accidents.

If a driver or truck owner fails to comply with these regulations and you are injured in a collision, you can hold them accountable for your injuries.

Gather Evidence for Your Lawsuit

When filing a personal injury lawsuit, you must prove that the defendant's actions resulted in your accident. Additionally, you must prove the losses you suffered.

Building a strong case in a tractor accident lawsuit requires thorough evidence gathering. Proper documentation, expert testimony, and physical evidence. The evidence can help you establish the accident's cause and secure appropriate compensation for you.

Before you proceed to file the lawsuit, you can gather the following pieces of evidence to strengthen your case:

  • Police Report

The police report is a crucial piece in your truck accident lawsuit. The officers who respond to the accident immediately after its occurrence assess the situation and write this report. The police detail the law enforcement officer's view of the accident.

It contains vital information such as the location of the accident, the parties involved, and a summary of the incident. Additionally, the officer can state their opinion on fault for the accident in the report.

  • Witness Testimony

Eyewitness accounts are powerful in corroborating the events of an accident. Witnesses may include other drivers, pedestrians, or passengers. Before leaving the accident scene, you should request the witnesses' contacts. Their testimony can help establish the sequence of events and the truck driver’s actions.

  • Surveillance and Dashcam Footage

Traffic, security, or the truck’s dashcam often capture accident scenes. The footage can provide an unbiased view of the collision. You can use the footage to prove how the accident occurred, the speed of the vehicles, and whether the truck driver was acting negligently. You or your attorney can return to the scene and obtain the surveillance footage for your case.

  • Testimony from Accident Reconstruction Experts

Experts in accident reconstruction can analyze the evidence from the scene to determine how the crash happened. You can use this evidence to prove that the truck driver or their employer was at fault. Expert testimony can support negligence claims, such as speeding and distracted driving.

  • Photographs of the Accident Scene

Photographs taken at the accident scene can visually record the truck's and other vehicles' damages. These images can help show factors such as weather conditions, visibility, and road hazards, which are relevant in determining fault.

  • Medical Records

When you file a lawsuit for a tractor-trailer accident, you should establish why you want compensation. The most significant impact of a truck accident is the injuries you suffer. Medical documentation related to injuries sustained in the accident is vital for proving the extent of the damages.

You must ensure that your doctor records all your injuries and treatment. Medical records also support compensation claims.

File your Lawsuit

After gathering all the necessary documentation, you can file a lawsuit in court. When filing your lawsuit, you must adhere to the statute of limitations. The statute of limitations is the timeline for making a legal claim.

The statute of limitations for truck accident lawsuits in Nevada is two years. You will lose your right to pursue compensation if the two years elapse. After filing your lawsuit, a judge will assess it and schedule a hearing date for your lawsuit.

Establish Liability for the Accident

Establishing liability for the accident is critical in pursuing a tractor-trailer accident lawsuit. Under Nevada law, liability is the legal responsibility for an accident. The court holds the parties liable for the injuries and losses resulting from the accident. Before you prove liability, you should identify potential liable parties. In a tractor accident, liable parties could include:

  • Truck driver. Truck drivers are responsible for ensuring they operate safely and follow state and federal trucking regulations. You could file a lawsuit against a truck driver if they were distracted, driving under the influence of alcohol, or negligent.
  • Trucking company. Companies that operate trucks in Nevada must follow the regulations set for trucking. These regulations include hiring competent drivers and ensuring the vehicles are in good condition. You can hold the company liable if they fail to follow these regulations.
  • Vehicle manufacturers. If the truck accident resulted from a mechanical failure, you could file a case against the manufacturer of the faulty part.
  • Truck maintenance companies. Some trucking companies outsource vehicle maintenance and inspections. You can file a lawsuit against the maintenance company. The court will hold the company liable for your injuries due to your failure to inspect the vehicle.
  • Other road users. Truck accidents often involve issues specific to the truck driver or company. However, liability can also rest with other road users. You could file a claim against other negligent drivers or road users.
  • Government entities. Sometimes, accidents result from unsafe road conditions or poorly designed highways. If a government entity fails to maintain the roadway, the court can hold it responsible for the accident. However, suing a government agency is challenging due to the "sovereign immunity" principle.

Nevada follows the doctrine of comparative negligence. You recover compensation equal to the percentage of fault for the other party. Your compensation will reduce if you are partially at fault for the accident. Negligence is the basis for liability in an auto accident in Nevada.  Therefore, you must establish these elements for your lawsuit:

  • Duty of care. The duty of care is that each person is responsible for ensuring they do not harm others. To prevail in your lawsuit, you must prove this element of negligence. Truck drivers must act carefully on the road to avoid colliding with other vehicles. On the other hand, the trucking company is responsible for maintaining the trucks in good working conditions.
  • Breach of duty. Owing you a duty of care is not enough to prove a defendant's liability for your injuries. A defendant can breach their duty towards you when their actions put you at risk of injuries.
  • Causation. You must prove that the defendant's breach is a significant factor in your accident, but it must not be the only factor.
  • Damages. The final element of negligence that you must establish is the damages caused by the defendant's actions. You must present evidence to show the injuries and financial losses you have suffered from the accident.

Recovering Compensation in a Tractor Trailer Accident Lawsuit

The final stage in filing a personal injury lawsuit for your tractor-trailer accident is to secure compensation. When you file a lawsuit in court, the judge will determine the amount you deserve as compensation. Common compensation benefits you could recover include:

Medical Expenses

Your medical expenses after an accident will accumulate when you receive first aid care. Tractor-trailer accidents cause serious accidents and injuries on the roads. Victims of these accidents could suffer injuries like:

  • Broken bones
  • Cuts and scrapes
  • Burns
  • Traumatic brain injuries
  • spinal cord injuries

The court will hold the at-fault party responsible for your injuries. For this reason, they will cover your medical expenses. Before settling your lawsuit, you need to cover your medical expenses. You can cover the expenses through medical insurance or consulting a doctor who works on a lien basis.

If your lawsuit is successful, you will receive compensation for these expenses. The compensation for medical costs will cover consultation fees, medications, surgical procedures, and ongoing care. Before receiving this type of compensation, the defendant's legal team may want to review your medical history. Your medical records help ensure you do not seek treatment for existing injuries.

Lost Wages

In Nevada, lost wages is the amount of money you lose when you cannot go to work due to your injuries. The injuries resulting from a tractor-trailer accident can prevent you from going to work for weeks or even months. During this time, you can lose your income from salary, bonuses, overtime, and income from self-employment.

In your lawsuit, you can recover compensation for lost wages. However, you must prove the amount you lost. Proving lost wages involves obtaining a lost wages letter from your employer. The letter will detail your service terms, work hours, and the amount you could have earned. If you do not have a stable job or are self-employed, you can use your pay stubs and tax return to prove lost wages.

Punitive Damages

The court awards punitive damages in exceptional cases where the defendant’s conduct was malicious or reckless. You can recover these damages if the defendant acted with gross negligence. or intent to cause harm. A common instance when you can recover punitive damages is when the truck driver operated under alcohol influence.

In Nevada, punitive damages do not aim to reinforce your losses. Instead, they are meant to punish the defendant for their actions and discourage similar conduct in the future.

Lost Earning Capacity

Lost earning capacity is the loss or reduction of your ability to work and earn a living after an injury. You can suffer lost earning capacity if your injuries are severe or permanent. If your injuries have not recovered by the time of the settlement, the court can award you compensation for the lost earning capacity.

You must establish that your injuries could result in a permanent or long-lasting career impact to prove lost earning capacity. You can prove your loss of future earning capacity through testimony from:

  • Vocational experts
  • Economists
  • Medical professionals
  • Your Employer

The judge will consider these factors when determining what you can receive for your lost earning capacity:

  • The severity of the injury. The significance of your injuries and the likelihood of permanent disability will dictate the amount you can recover.
  • Career trajectory. The type of work you engaged in before the accident will impact your compensation.
  • Age. Younger individuals may have a higher earning potential over time, so they can recover more for lost future earnings.
  • Educational background and skills. The ability to adapt to different roles in the workforce after the injury and your skill level can dictate your compensation.
  • Impact on employment opportunities. The effect of the tractor accident injury on your employment opportunities can affect the amount you recover.
  • Your health before the accident. You might receive less compensation if you had deteriorating health before the tractor accident.

Pain and Suffering

The injuries from tractor accidents can cause you severe physical pain. Additionally, most of these injuries will require extensive and painful treatment procedures. Even for victims who do not suffer physical injury, the shock of being involved in an accident can take an emotional toll on them.

You cannot put a dollar value on pain or suffering. However, you could recover compensation for your pain and suffering in your lawsuit. The severity of your other injuries can impact the amount you receive for this damage.

Find a Reliable Personal Injury Attorney Near Me

Tractor-trailer accidents are common in Nevada. These accidents occur when the tractor collides with other vehicles, rolls over the road, or hits pedestrians. Nevada has trucking regulations that ensure the safety of road users. The regulations cover licensing, vehicle maintenance, service hours, permits, and weight limits.

The results are catastrophic when the drivers and other stakeholders fail to follow these regulations. Tractor-trailer accidents produce severe injuries and fatalities on the roads in Nevada. Fortunately, if you or your loved one suffers injuries in such a trailer tractor accident, you are entitled to compensation.

In your lawsuit, you must establish liability for the accident and prove the damages you suffered. In a successful lawsuit, you can recover compensation for your medical expenses, lost wages, and pain and suffering. At Las Vegas Personal Injury Attorney Law Firm, we will offer the expert legal insight you need to secure a favorable outcome in your lawsuit in Las Vegas, NV. Call us at 702-996-1224 to discuss your case.