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What Evidence Is Needed To Prove Negligence In a Car Accident Involving a Truck?

Types Of Evidence Used To Prove Negligence In Truck Accidents

If you’ve been injured in a car accident in Nevada that involved a truck, you may find yourself wanting to consider legal action to recover financial compensation for your losses and damages. If you are unable to successfully settle your claim with an insurance company or have additional claims, your Nevada personal injury lawyer can work with you to examine the evidence and build a case of negligence against the other driver.

In vehicle accidents, you and your attorney will need to prove that the other driver Car accident in Nevada acted negligently, which involves recklessness or carelessness that caused your accident and resulted in your injuries, damages, and losses.

How Can Negligence Be Proven In Court?

In order to prove negligence in court, your Las Vegas car accident lawyer will conduct their own investigation into the circumstances and work to find evidence to support your claims. Examples of proof include:

Admission Of Guilt

In some cases, the at-fault driver will admit responsibility to the injured driver, the police officer at the scene, or to the court. If overheard, a reliable witness could testify at the trial.

Video Evidence

Video footage can provide powerful evidence of what happened. This could be from a dashboard camera or a traffic surveillance camera at the intersection where the accident happened.

Photographic Evidence

Pictures of your injuries, the scene of the accident, the vehicles, and more can establish the nature of the crash and help investigators determine what happened.

Witness Testimony

The statements of a witness, especially one who is unbiased, can carry a lot of weight at a trial.

Medical Records

Your medical records can establish proof of your damages, which include the severity of your injury and the cost of ongoing medical care you may need.

Criminal Conviction

Some accidents result in a ticket or arrest, which can be used to establish negligence in your case.

Infographic that shows the difference between mediation and arbitration

How Can My Attorney Establish Negligence In a Truck Accident Case?

In order to prove negligence, your Las Vegas truck accident attorney will need to establish four elements:

  • Duty of care: Although essential to negligence cases, this is seldom an issue with car accidents. All drivers in the state of Nevada owe a duty to the other drivers to operate their vehicles safely and responsibly.
  • Breach of duty: This is usually the central piece of accident litigation. Your attorney will need to prove that the other driver breached their duty of care through careless or reckless actions, causing the collision.
  • Causation: Your lawyer will need to provide solid proof that your injuries and damages are directly caused by the other driver’s breach of duty.
  • Damages: You can only recover compensation if your attorney can demonstrate your injuries and damages, which may include medical bills, lost wages, pain and suffering, disfigurement, and more.

Personal injury lawyer handling a car accident case in Nevada

What Damages Can I Seek after a Truck Accident In Nevada?

Once your Nevada truck accident lawyer has demonstrated the four elements of negligence, you can seek compensation for your damages:

  • Medical bills, including ambulance transportation, imaging, surgeries, medications, equipment, therapy, and more
  • Ongoing care and medical needs
  • Lost wages, if your injuries prevented you from working
  • Reduced earning capacity, if your injuries prevent you from working or having the same career
  • Pain and suffering, anxiety, depression, and PTSD
  • Scarring and disfigurement
  • Wrongful death

Some injuries will require future medical care or ongoing care needs if they prevent you from being able to fully care for yourself. These needs will be taken into account when putting a financial value on your losses and damages.

What If I Was Partially Responsible For The Accident?

As long as you are less than 51% at fault for the accident, you can still seek compensation for your losses and damages under Nevada’s law of comparative negligence. Your financial compensation will be scaled according to your own liability in the collision.

Discuss Your Truck Accident with the Trusted Car Accident Lawyers in Las Vegas

Building a strong case to prove the other driver’s negligence is essential to a successful lawsuit. At Benson & Bingham Accident Injury Lawyers, LLC, we have decades of collective experience successfully litigating car and truck accident cases just like yours. Our firm can handle all the details of your case, provide representation to insurance companies on your behalf, negotiate settlements, and pursue litigation if it becomes necessary. To learn more about how we can maximize your settlement, support your recovery, and work on your case, contact our office to schedule your free, confidential consultation. We are ready to help!


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11441 Allerton Park Dr #100
Las Vegas, NV 89135

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Las Vegas, NV 89101

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Las Vegas, NV 89123

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Reno, NV 89502

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Nevada Personal Injury Attorney

Joseph L. Benson II, and Ben J. Bingham, Personal Injury Attorneys

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