Can I Sue For Being Hit By A Semi-Truck?

April 12, 2024

Car Accidents

At Ace Lakhani Law Firm, we understand the immense physical, emotional, and financial toll that being involved in a collision with a semi-truck can have on your life. If you or a loved one has been injured in such an incident, you may be wondering if you have the legal grounds to sue.

The short answer is yes.

If you were hit by a semi-truck in Las Vegas, we are the premier Las Vegas Personal Injury Attorneys and have won several multimillion-dollar settlements for our clients.

Do these 5 things if you were hit by a Semi Truck:

Get medical attention immediately, even if you don’t think you’re injured.
Take pictures of the accident scene and your injuries.
Get the names and contact information of all witnesses.
File a police report.
Contact an experienced personal injury attorney.

Hit By A Semi Truck: Establishing Liability

Establishing Liability in a Semi-Truck Accident

Determining liability is a crucial aspect of pursuing a lawsuit after being hit by a semi-truck. While every case is unique, several parties could potentially be held responsible for the accident.

Truck Driver: If the truck driver was negligent, such as by violating traffic laws, driving under the influence, or engaging in reckless behavior, they could be held accountable for the accident.
Trucking Company: The trucking company may bear liability if they failed to properly maintain the vehicle, negligently hired or trained the driver, or enforced unreasonable schedules that encouraged reckless driving.
Vehicle Manufacturer: In some cases, a defect in the truck’s design or manufacturing may have contributed to the accident. In such instances, the manufacturer could be held liable for the injuries sustained.
Third Parties: Other entities involved in the accident, such as maintenance contractors or cargo loaders, may also share some responsibility if their actions contributed to the collision.

Legal Process After Being Hit By A Semi Truck: 7 Steps In A Typical Semi Truck Accident Case

1. Consulting with an Attorney

At Ace Lakhani Law Firm, we specialize in assessing the damages sustained by our clients & making sure we settle for the maximum amounts. We prioritize our client’s health and wellness, which is especially important in providing the highest degree of service. As Las Vegas Personal Injury Attorneys, we pride ourselves on that. We’re voted Top 40 Under 40, Top 10 Best Attorneys in Nevada, and recognized as Super Lawyer Rising Stars.

2. Investigation and Evidence Gathering

Las Vegas personal injury attorneys will conduct a thorough investigation to gather evidence that supports our claim.

This may involve:

Obtaining the accident report filed by the police.
Interviewing witnesses and recording their statements.
Gathering medical records and bills to establish the extent of your injuries and treatment.
Collecting any available surveillance footage or photographs from the accident scene.
Examining the truck’s maintenance records and driver logs, if applicable.

3. Demand Letter and Negotiations

Once sufficient evidence has been gathered, Las Vegas personal injury attorneys will draft a demand letter outlining your injuries, damages, and the compensation you are seeking. This letter is typically sent to the responsible parties or their insurance companies, initiating negotiations for a settlement. Las Vegas personal injury lawyers will advocate on your behalf, aiming to secure a fair and just settlement that covers your medical expenses, lost wages, pain and suffering, and other applicable damages.

4. Filing a Lawsuit

If negotiations fail to yield a satisfactory settlement, Las Vegas personal injury attorneys may recommend filing a lawsuit. This step involves preparing a formal complaint, which is a legal document outlining your allegations against the responsible parties. The lawsuit will then proceed through the court system, allowing both sides to present their arguments and evidence.

5. Discovery and Pre-Trial Proceedings

During the pre-trial phase, known as discovery, both parties exchange relevant information and evidence. This process may include interrogatories (written questions), depositions oath), and requests for production of documents. At Ace Lakhani Law Firm, we will diligently prepare your case, strategize legal arguments, and assess the strength of the opposing party’s defense.

6. Settlement Negotiations and Mediation

Prior to the trial, there may be additional opportunities for settlement negotiations and alternative dispute resolution methods, such as mediation. Mediation involves a neutral third party who helps facilitate negotiations between you and the other party, with the goal of reaching a mutually agreeable resolution. Las Vegas personal injury attorneys will guide you through these discussions and work to protect your best interests.

7. Trial

If all attempts at settlement prove unsuccessful, your case will proceed to trial. During the trial, both sides present their evidence and arguments before a judge and, in some cases, a jury. Las Vegas personal injury attorneys will zealously advocate for your rights, presenting a compelling case and challenging the opposing party’s claims. The court will ultimately render a verdict, determining whether the defendant is liable for your injuries and, if so, the amount of compensation you are entitled to receive.

Seeking Compensation for Damages

In a lawsuit involving a Semi truck accident, various types of damages may be pursued to compensate you for the losses you have suffered. These damages can include:

Medical Expenses: Compensation for past and future medical bills, including hospitalization, surgeries, medication, rehabilitation, and therapy.
Lost Wages: Reimbursement for income lost due to the accident, including both current and future earnings if the injuries resulted in a long-term or permanent disability.
Pain and Suffering: Non-economic damages to address physical and emotional distress caused by the accident, such as chronic pain, mental anguish, and loss of enjoyment of life.
Property Damage: Reimbursement for the repair or replacement of your vehicle and other damaged property.
Loss of Consortium: Compensation for the negative impact of the accident on your relationship with your spouse or immediate family.

It is important to note that the specific damages you may be eligible to recover will depend on the unique circumstances of your case and the laws of your jurisdiction.

Conclusion

Being involved in a semi-truck Accident can be a life-altering event, leaving you with physical injuries, emotional trauma, and financial burdens. If you believe that the negligence of a truck driver, trucking company, or other party contributed to the accident, it is crucial to consult with a skilled personal injury attorney who can guide you through the complex legal process.

At Ace Lakhani Law Firm, we are dedicated to providing you with the highest quality legal representation and fighting for the justice and compensation you deserve. Remember, taking timely action is essential, as there are legal time limits, known as statutes of limitations, that restrict the timeframe in which you can file a lawsuit.