Truck Accident Lawsuits: Blaming the Victim

truck crashed into car

Truck accidents can create absolute chaos on the roads that we don’t see with other types of accidents. In a physical contest between massive machines that can weigh 80,000 pounds versus a 4,000-pound passenger vehicle, there is no question of the tragic outcome. The resulting serious injuries,¬†catastrophic injuries, and death lead to sorrow and high-stakes lawsuits.

Nevada’s personal injury and wrongful death laws allow for the victim to seek damages against not only the driver of the truck, but any owners, operators, and companies whose negligence caused the victim’s injuries or death. Companies that own and operate trucks have big insurance policies to cover their liability for damages. These insurance companies fight hard against admitting any liability, even when their fault seems clear as day. One of the tactics that we anticipate from them is blaming the victim.

Explaining Comparative Negligence

Why would insurance companies try to blame the victim in a truck accident? They want to eliminate or lessen their legal liability. Nevada is a modified comparative negligence state. This means that a jury can weigh the comparative “fault” that each party in the lawsuit played in the accident and apportion a percentage of damages to each party. Even if they can place a small percentage of fault on the victim, this can mean a significant amount of money they will not have to payout. And if they can convince a jury that you are more than 50 percent responsible for the accident, you cannot collect any damages.

It is, therefore, worth an insurance company’s time and effort to try to pin the blame on you, the victim. How do you, as the victim, protect yourself from their tactics? First, be sure that you speak with the police for their report as quickly as it is possible to do so. Second, understand that you have a right to an attorney and should not speak with the other party or their insurance company regarding the issue of fault. An attorney can help you understand your rights, control the communication with the other party, and protect your claim. You deserve effective and zealous representation when it comes to your truck accident claim so you can pursue maximum compensation.

Viloria, Oliphant, Oster & Aman L.L.P., Truck Accident Attorneys

If you have been injured in a truck accident, you need to speak with an attorney immediately. At Viloria, Oliphant, Oster & Aman, L.L.P., we understand your legal rights and how to make trucking companies and their insurance companies take your rights seriously. We have attorneys who are members of the Academy of Truck Accident Attorneys and can use this experience for your benefit. We have obtained millions of dollars in damages for our clients and want to help you. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule a free case consultation or contact our office through our website.

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