How Fault Impacts Compensation After a Reno Truck Accident
The first question a truck accident attorney in Reno will ask is: “Who caused the accident?” When it comes to personal injury law, responsibility translates to liability. Your truck accident attorney’s primary job is to build a compelling case showing that you were not at fault for the accident.
This job naturally raises the question — if not you, then who is responsible? The obvious answer might appear to be the truck driver, but this is not always the case.
The Truck Driver Might Be at Fault
A negligent trucker is often the person responsible for the accident. There are a great many decisions a truck driver is responsible for making. When a trucker makes a poor choice, that can legally be interpreted as negligence. The most common situations in which a truck driver is the person responsible for an accident include:
- Reckless driving
- Driving under the influence
- Knowingly violating safety rules and regulations.
In each of these areas, there are still more ways in which a driver can be found responsible. Reckless driving might include following another car too closely or weaving between lanes. Truckers are subject to an enormous number of safety rules that regulate everything from how much weight they are carrying to how many hours of continuous driving they are allowed to engage in. Failure to follow these rules often leads to accidents resulting from unsafe cargo weight, drowsy driving, and a host of other scenarios.
The Trucking Company Might Be at Fault
Despite the many ways in which a driver can be blamed for a Northern Nevada truck accident, other parties can also be found responsible for the accident. In cases in which a driver is not at fault, blame may lie on the trucking company the driver works for. Trucking companies are subject to many regulations designed to keep all drivers safe. These requirements include:
- Safely maintaining vehicles
- Performing regular maintenance and safety checks
- Ensuring that cargo loads are safe for a truck’s size
- Ensuring that a truck’s weight is safe for the designated route
- Hiring properly trained and certified drivers
- Completing background checks on driving history.
If a trucking company violates safety regulations or makes unsafe choices in an attempt to cut costs, the company itself might be responsible for your losses rather than the individual driver.
Another Party Might Be at Fault
Finally, in some situations, additional parties can be responsible for a truck accident. A mechanic whose work left a truck in an unsafe state can be held responsible if a truck accident lawyer can prove the mechanic’s work caused the accident. A construction company can be held liable if an unsafe work zone contributed to the accident. Determining fault depends on the specifics of how an accident occurred.
It is also possible for multiple parties to share the blame. For example, a trucking company might order a truck to be loaded with an unsafe cargo weight, but the accident might be caused by a reckless truck driver. In a case like that, both the driver and the trucking company might share a percentage of fault for the accident. An accident involving split fault makes negotiating a settlement much more complicated for Reno truck accident lawyers — but it has the benefit of potentially higher compensation limits, as multiple insurance policies come into play.
Why Choose Leverty & Associates Law Chartered to Handle Your Truck Accident Claim?
Decades Spent Fighting for Justice in Nevada
Leverty & Associates Law Chartered has been a leader in Nevada personal injury law for decades.
Attorney Gene Leverty has practiced law for over 40 years and holds a long list of honors, awards, and distinctions. He is known, both locally and nationally, for earning million-dollar outcomes in court and through negotiations.
Attorney Patrick Leverty’s background in insurance law gives Leverty & Associates Law Chartered a unique advantage. Knowledge of insurance law serves as the bedrock of our approach to interpreting policy in a way that insurance companies struggle to defend themselves against.
Client testimonials and our long track record of successful case outcomes show that Leverty & Associates Law Chartered achieves results that far surpass client expectations.
How We Can Help After a Reno Truck Accident
Insurance Expertise Makes a Difference
Truck accident lawyers practice and hold a background in personal injury law. This means that, while truck accident lawyers know what the laws have to say about injury compensation, they are typically not as well-versed in insurance law. This is where Leverty & Associates Law Chartered stands apart.
Our background in insurance law means that we know insurance policy standards inside and out, and our attorneys excel at interpreting policies to a client’s advantage in ways that insurance companies have a challenging time fighting back against. We can use industry knowledge against them because we have a deep understanding of the legal implications of a policy’s terms.
We combine our knowledge of insurance law with a dedication to helping injured individuals who would otherwise be taken advantage of by an insurance company only concerned about its bottom line.
Leverty & Associates Law Chartered has a reputation for making insurance policies do what they were meant to do — protect the injured. Give us a call at (775) 322-6636 to schedule a free consultation with a Reno truck accident attorney at Leverty & Associates Law Chartered.
Advice from Reno Truck Accident Lawyers on Protecting Yourself After a Truck Accident
Taking the right steps after a Reno truck accident is essential for protecting yourself and your chances of gaining fair compensation after another’s negligence leaves you paying for the damage. The aftermath of a truck accident is an emotional time, often fraught with stress, financial concerns, and physical pain. Knowing what — and what not — to do can be the deciding factor in how your truck accident claim plays out.
After a Reno truck accident, you should not:
- Admit fault
- Apologize to other people involved
- Post about the accident on social media
- Speak with an insurance agent
- Forgo seeing a doctor.
It is important to cover your bases after a truck accident. When injuries are serious, medical care is not optional. Even if you feel like you did not sustain a severe injury, it is a step you should not skip.
Steps you should take after a Reno truck accident include:
- Staying at the scene
- Cooperating with law enforcement
- Saving copies of the police report and medical documents
- Saving bills and receipts related to the accident
- Contacting a Reno truck accident attorney
- Letting your attorney communicate with the insurance company.
One of the biggest mistakes truck accident victims make is trying to handle the insurance claims process without first consulting a truck accident attorney in Reno. Doing so can hurt your chances of compensation after any accident. Gaining truck accident compensation involves additional work on a lawyer’s part, especially if the truck driver or company policies do not adequately cover the damages.
Frequently Asked Questions
Every truck accident comes out of a unique set of circumstances. You should arrange a consultation with a truck accident lawyer to get answers to your specific questions. Below are some of the most common questions clients ask at the beginning stages of a truck accident claim:
You need an experienced Reno truck accident lawyer if you hope to gain fair compensation after a truck accident. The policies and procedures used by insurance companies are designed to save money by minimizing claims payouts. You will likely receive only a fraction of what you deserve without a lawyer negotiating on your behalf.
Most truck accident attorneys work on a contingency basis. This is common in personal injury law, where hiring a lawyer can feel like a risk that clients cannot afford to take on top of their accident expenses. A contingency agreement allows you to pay your lawyer directly out of the compensation they win for you, and payment is only due once your case is complete.
Most truck accident cases settle through negotiations. If an insurance company will not come close to your terms, your lawyer may file a lawsuit. However, filing does not necessarily mean you will have to go to court and await a verdict — often, simply filing a case shows an insurance company that you are serious about taking legal action if they will not work with you.
If you attempted to handle your own truck accident claim and it was denied by the insurance company, it is not too late for a truck accident lawyer to help. A lawyer will identify the reason for the claim denial and can help to investigate and collect the evidence you need to resubmit the claim. However, a lawyer cannot undo actions you have already taken, such as admitting fault for the accident. It is safest to always consult a lawyer before you begin the claims process.
A truck accident is a deeply disorientating experience, especially if it comes with serious injuries. Even if you think you were responsible for causing a trucking accident, you cannot know how the law will determine fault until you consult with a Reno truck accident lawyer and the accident is investigated.
No matter what you think your role in the accident might have been, never admit fault to the police or an insurance company until you have consulted with a truck accident attorney in Reno and received advice on how to move forward.
A truck accident is often a life-changing incident that leaves the victim with long-term health challenges and significant medical debt. Do not make the mistake of trying to navigate the truck accident claims process without experienced Reno truck accident lawyers on your side.
To learn more about your options after a Reno truck accident, call (775) 322-6636 and arrange a free consultation with Leverty & Associates Law Chartered.