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The Trusted Law Firm of Northern Nevada
Truck accident

Reno Truck Accident Attorney—How Negligence Works

Trucks are massive machines that dwarf other vehicles on the road in size and weight. There is a reason that there are strict federal laws about the maintenance of these vehicles, weight maximums, and limits on the number of hours that a truck driver can drive. Accidents involving trucks and other vehicles are dangerous events that can result in serious injury or death to anyone involved.

Negligence: When a Duty of Care is Breached

Truck drivers, the companies that own the trucks, and the companies responsible for putting trucks on the road owe a duty of care to others on the road. The term negligence refers to what happens when that duty of care is breached and a person gets hurt as a result.

When a person gets hurt as a result of someone else’s negligence, the responsible party is considered “at fault”. In a truck accident, numerous parties may be at fault, like the driver, the trucking company, the cargo company, and others. Determining fault is an essential question in any truck accident claim, as it determines who is responsible for paying damages. These damages can include medical expenses, lost wages, lost future earnings, and pain and suffering. And if a person is killed, the victim’s heirs can seek significant damages for their grief, sorrow, loss of probable support, companionship, society, comfort and consortium.

Modified Comparative Negligence

Nevada allows the fault to be distributed between the parties in a personal injury lawsuit. The victim can also be found to be partially at fault. Under the system of modified comparative negligence, a defendant can ask that the jury determine what percentage of fault each party to the lawsuit bears. If the person who brought the lawsuit is found to be less than 50% at fault, then the person can recover damages, which are reduced by that person’s percentage of fault.

If a truck company can convince a jury that a victim is at least partially at fault for the accident, then this can greatly reduce the amount of damages they are responsible for paying. In many circumstances, it is worth their time to zealously try to pin as much blame as possible on the victim. This is the reason you need an experienced truck accident attorney on your side.

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

If you have been seriously injured in a truck accident, you may have a personal injury claim. Viloria, Oliphant, Oster & Aman, L.L.P. is a small-sized personal injury law firm with a proven record of big results in truck accident lawsuits. Our attorneys are members of the Academy of Truck Accident Attorneys who have successfully recovered millions of dollars in damages for our clients. Contact 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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