What To Do After a Truck Accident in Nevada

What To Do After a Truck Accident in Nevada

To protect your health and rights after a commercial vehicle accident, it’s important to take these five steps:

1. Get to a Safe Location

Your first priority is to avoid further injuries to yourself or others. Nevada requires you to stop at the accident scene, as close as possible without obstructing traffic. If your vehicle is in an active lane, move your vehicle out of traffic if it is not disabled. Additionally, turn on your hazard lights and, if you or the trucker has them, light road flares.

You will also need to render aid to anyone injured. Typically, you can render aid by calling 911 and requesting paramedics. It’s generally best to avoid moving injured people because you could worsen their injuries.

2. Report the Accident

Contacting law enforcement to report the accident benefits you in two ways. First, you comply with your duty under Nevada law to report any traffic accident that causes injury, death, or property damage.

Contact us to speak to a commercial truck accident attorney about your case today.

Second, the responding officers can investigate the crash and create an accident report. The report will summarize the officers’ findings and can help your lawyer gather witness contact information, accident scene photos, and other evidence for your case.

3. Get Medical Attention

It’s essential to seek medical attention after a truck crash, even if you think you’re unhurt. A medical professional can uncover hidden injuries, like a concussion or nerve damage.

You’ll also want to follow the treatment plan your provider prescribes. This plan will not only help you recover but also tell your lawyer the future medical costs you may incur. Expenses for future treatment are recoverable in an injury case, and your treatment plan should support your claim for these costs.

The medical records from your doctor’s visit will document your injuries. This will be important because your truck accident lawyer will need to prove the timing and extent of the physical and mental harm caused by the accident.

4. Document the Scene

Document the crash scene if you can. The following information can help your attorney prove your injury case:

• Damage to both vehicles
• Type and appearance of the truck and trailer
• Truck’s license plates
• Trucking company name
• USDOT number on the truck and trailer
• Road conditions
• Traffic signs or signals
• Injuries

Also, gather names and contact information from any witnesses who saw the crash or its aftermath.

5. Exchange Information With the Truck Driver

The information you exchange should include the names of the driver and trucking company. Also, get the company’s contact information, vehicle information, and insurance details. If you have any difficulties obtaining this information from the truck driver, ask the investigating officers to assist you.

If you were unable to gather this information at the crash scene, it will likely appear in the police report. For example, you can get this information from the crash report if paramedics transported you to the hospital before the police arrived.

Preserve Evidence After a Truck Accident

The trucking company often has access to extensive evidence after a crash. Evidence in the trucking company’s possession may include:

• Electronic logging device (ELD) data
• Vehicle or “black box” recordings
• Dashcam or traffic videos
• Driver records
• Maintenance and inspection documents
• Cargo/loading files

Significantly, the trucking company must keep many of these records for government inspection, so it is unlikely to tamper with or falsify them.

You can write to the trucking company asking it to preserve this evidence. But better yet, your injury attorney can send a letter notifying the company of your claim.

Be Careful When Talking to Insurance Companies

Truck accidents are almost always covered by some form of insurance. After a crash, you may receive calls from insurers. They may tell you that they are investigating the collision and ask to speak to you.

However, insurers for the parties potentially responsible for your injuries are not on your side. Be careful when talking to them.

Additionally, your auto insurance company likely requires you to report the accident, even if you do not file a claim. Again, be cautious. Other insurers could use statements to your insurance company to deny or reduce your claims. Whenever possible, allow a lawyer to handle your communications with an insurer.

If you do speak to insurers, keep the following in mind. First, the insurer may ask for a recorded statement with an insurance representative. These statements can be risky, and you should speak to a lawyer before consenting to one.

Additionally, the insurer may make an early settlement offer. This is often a ploy to see if you accept a low payout.

The insurer will also likely try to find any reason to push fault onto another party, including you. Avoid speculating about fault. Instead, stick to the facts.

Finally, the insurer may send you documents to sign. Do not sign anything without reviewing it with a lawyer. You may unintentionally surrender rights or compensation.

Who May Be Liable for a Truck Accident in Nevada?

Liability for a truck crash can fall on the following parties:

• Truck driver for negligence in operating the truck or violating traffic laws.
• Trucking company for negligent hiring, training, supervision, or company practices.
• Cargo loader for improperly loading or securing freight.
• Maintenance company for negligent inspection, maintenance, or repairs.
• Manufacturer for defective truck parts or equipment.

Notably, trucking companies are usually liable for employee negligence, including their drivers and mechanics. It is the trucking company’s responsibility to train employees on ways to prevent truck accidents.

Nevada Laws That May Affect Your Truck Accident Claim

Here are a few Nevada laws that may affect your legal rights:

Comparative Negligence

The insurer may try to shift the blame for a crash to you. Under Nevada’s comparative negligence law, you can still recover injury compensation if you are partially at fault. However, it will be reduced by your percentage of the blame.

Accident Reporting Requirements

You can recover compensation if you fail to report an accident. Without an official police report, though, you may have difficulty proving the details of your crash.

Time Limit for Filing a Lawsuit

Nevada law gives you two years to file an injury lawsuit. If you miss this deadline, the court will dismiss your claim, unless your lawyer proves that an exception to the statute applies.

What Not To Do After a Truck Accident

These tips can help you build your injury case:

• Don’t admit fault.
• Don’t speculate about the crash cause.
• Don’t ignore pain or medical symptoms.
• Don’t accept a fast settlement before understanding your injuries.
• Don’t post on social media about your accident or injuries.
• Don’t lose, destroy, or discard evidence.
• Don’t delay getting legal advice.

Many people make the mistake of posting about an accident. Be aware that the insurer will investigate your social media accounts for information to use against you.

How Can Adam S. Kutner, Injury Attorneys, Help After a Truck Accident in Nevada?

Our team understands what you’re going through, and you can count on us to help you pursue a settlement after a truck accident that covers all your losses, from medical bills to pain and suffering.

Our attorneys have assisted Nevada accident victims for over 35 years. We’ve also been rated “Best of Las Vegas” by the Las Vegas Review-Journal for three years running.

Contact us to speak to a commercial truck accident attorney about your case today.

Frequently Asked Questions