In the unfortunate event that you get injured in a Henderson truck accident, you will be going up against two different entities: the truck driver and the trucking company that the driver works for. This is one of the main reasons why suing someone personally following a truck accident is usually more complex than suing a non-commercial driver. It is worth noting, though, that while suing is always an available legal option, there are other ways to pursue compensation out-of-court.
While the information provided below will help you learn more about your legal options, consulting a Henderson truck accident attorney is the best and most effective way to address your questions and concerns. Here at Nettles Morris Law Firm, we have years of experience dealing with truck accident cases. Call 702-710-9964 or contact us online to schedule a free consultation to review your case and determine whether or not suing is your best option.
Determining Liability in a Henderson Truck Accident
Before suing anyone in a truck accident case, you will first need to determine who’s at fault for the accident. That is because the party whose negligent actions caused the accident is responsible for the damages.
In regular auto accidents, the at-fault party is usually one of the drivers. Truck accident cases are often more complicated than that. Multiple parties can be held liable in a commercial truck accident, including:
– The driver of the truck
– The trucking company that employs the driver (if they were negligent in the hiring process)
– The vehicle or parts manufacturer (if a defective component caused the accident)
– Relevant cargo company (if they failed to load the cargo properly)
– The maintenance company (in case they failed to address a maintenance issue)
– Another motorist involved in the accident
As you can see, there are numerous parties involved when it comes to ensuring that a large commercial truck is safe to be on the roads. In some cases, one party may bear full liability, while in others, multiple parties may be at fault.
Considering that several parties might have been negligent in your accident, it will be crucial for you and your attorney to thoroughly investigate the specific circumstances surrounding the accident. This will involve checking truck maintenance logs, camera footage from the truck, truck driver logs, employee records, cargo records, drug test results, witness statements, etc.
Filing a Personal Injury Claim Versus Filing a Lawsuit
After establishing which party is at fault for the accident, you can start thinking about the most appropriate course of legal action to take. Typically, the first step is usually to file a personal injury claim with the at-fault party’s insurance company. A majority of the personal injury cases are completed during the claim process.
Once you’ve filed your insurance claim, the insurance company will respond. They can either accept your claim, make a counteroffer, or deny your claim. Often, they will give you a lowball settlement offer. While a hefty sum of money up-front may be very enticing, never accept the first offer.
If they give you a low settlement offer, your attorney will negotiate for a more favorable offer. If the negotiations are successful, you will accept the agreed-upon settlement amount and receive your compensation. Most personal injury cases end here; however, in some cases, you will need to pursue a lawsuit.
When Can You Sue Someone Personally After a Henderson Truck Accident?
In case an agreement can’t be reached upon during the negotiations phase, or if the insurance company outrightly denies your claim, then you may consider filing a lawsuit. Considering that a lawsuit is a lengthy and costly process, this isn’t a decision you can rush into without proper consideration. You will need to weigh the pros and cons of filing a lawsuit with an expert truck accident attorney in Henderson, Nevada.
Suing the Truck Driver Personally
Even though you can file a lawsuit against the trucking company or any other negligent entity, you can also file a lawsuit against the truck driver personally. Depending on the circumstances of your case, you may have to sue both the driver and their trucking company, or any other entity that was at fault for your accident.
If a truck driver is an employee of a trucking company, then that company is usually responsible for the driver’s actions while operating on-the-clock. With this in mind, there are cases where suing the driver directly makes a lot of sense. If the driver was violating trucking regulations when the accident happened or was behaving maliciously, for example.
In cases where the driver is an independent contractor, they will often have fewer assets. You may have a hard time securing the compensation you are entitled to. It is important to discuss whether it is a good option to personally sue the truck driver after the accident with your Henderson truck accident attorney.
Suing Another Driver Personally
In case it is established that another driver was at-fault for the accident and not the truck driver, then you can file a lawsuit personally against that driver too. While this is uncommon, it can happen. But you will often need to file a personal injury claim with the insurance company of the driver to reach a settlement first.
Pursuing Compensation for Partial Fault Following a Truck Accident
When multiple parties are at fault for the truck accident, each party will be liable for the percentage of fault they hold. If you are partially at fault for the accident, you can still pursue compensation provided that you are less than 50% at fault.
If you are less than 50% at fault, but still hold some percentage of fault, your total recoverable damages will be reduced according to that percentage. This is referred to as comparative negligence in Nevada, and it is particularly significant in accidents involving large commercial trucks where multiple parties can bear some degree of responsibility for the accident.
Consult a Truck Accident Attorney in Henderson for Free Today
Call Nettles Morris Law Firm today if you have questions or concerns regarding who you should sue or where to seek legal action in your truck accident case. We will review the details of your case and guide you on the best course of action to ensure that you get the compensation that you deserve. Remember, we offer a FREE first initial consultation and case evaluation.
Call us at 702-710-9964 or get in touch with us online to schedule your FREE case review.