The Process of Pursuing a Truck Accident Claim in Nevada

If you or a loved one has recently been injured in a truck accident that was someone else’s fault, the truck driver or trucking company may be held financially responsible for the harm you have suffered. You may have a right to pursue compensation by filing a truck accident claim. However, it is a complicated process that can be overwhelming without the help of an experienced attorney.

The attorneys at Sam & Ash Injury Law can guide you through the process of pursuing a truck accident claim and help you understand what to expect at each step. Want to talk to a Nevada truck accident lawyer about your claim? Then contact us today for a free consultation.

Steps To Take Immediately Following a Truck Accident in Las Vegas

You may be uncertain about what to do after a truck accident, especially if you are in pain from your injuries. However, the steps you take can significantly impact the outcome of your truck accident claim. Therefore, you should take the following steps to safeguard your rights:

• Go to the hospital – Seek medical attention immediately after leaving the crash scene. Let a doctor examine you to diagnose your injuries and determine the necessary treatment plan. If the doctor directs that you receive follow-up care, follow the doctor’s orders. Keep all follow-up appointments. Ongoing treatment is essential to prove the extent of your injury.
• Maintain records – Keep copies of every bill and document related to the accident. You need evidence of the losses you suffered in the crash to recover compensation for them.
• Consult with an attorney – A knowledgeable attorney can clarify your legal rights and discuss whether you have a valid personal injury claim. Working with an experienced Nevada truck accident lawyer improves your chances of obtaining financial recovery. An insurance company will likely offer you less money than you deserve if you try to handle a case on your own.

The compassionate Nevada truck accident lawyers with Sam & Ash Injury Law are ready to review the details of the truck accident that injured you and discuss your legal options during a free consultation. Reach out to us to get started.

Gathering and Preserving Evidence in a Nevada Truck Accident Claim

If a truck driver or trucking company was at fault for the accident that caused your injuries, you can hold them financially accountable. Proving liability requires strong evidence. The types of evidence our truck accident attorneys at Sam & Ash Injury Law seek include:

• Accident reports – Police are required to create an accident report after serious traffic collisions. The report contains information about the drivers involved in the accident and details of how the accident occurred. The officer might have issued a traffic citation to the truck driver. Even if they didn’t, the report could help your lawyer reconstruct the events and determine who contributed to them. Request a copy of the accident report.
• Accident scene photos – Photos from the accident scene can document the position of the vehicles, the collision’s severity, and any hazardous conditions that may have contributed to the crash.
• Cell phone records – Texting while driving is illegal at the state and federal levels. The truck driver’s cell phone records might show they were texting moments before the accident and were not paying attention to the road ahead.
• Event data recorder – The event data recorder (EDR) is an electronic device installed on newer trucks that records information about the vehicle. A commercial truck’s black box data recorder stores data, such as vehicle speed and whether brakes were applied. The data might be useful in reconstructing how a truck accident occurred.
• Maintenance reports – Motor carriers and truck drivers must regularly maintain their commercial trucks to prevent malfunctions. For example, a maintenance report might show that a trucking company was trying to cut corners by not having a truck serviced regularly.
• Personnel records – Trucking companies must conduct background checks before hiring truck drivers. Some truck drivers have unsafe driving records. The motor carrier’s records might show the trucker does not have the qualifications necessary to operate a commercial vehicle or that the trucking company failed to take an unsafe driver off the road.
• Statements from eyewitnesses – The testimony of neutral third parties can be crucial in establishing the chain of events leading up to a truck accident.
• Chemical test results – The results of a drug or alcohol test might indicate the truck driver was driving under the influence. Intoxicating substances impair driving abilities, increasing the risk of a crash.

Determining Fault and Liability in a Nevada Truck Accident

Several parties might be legally responsible for a truck accident. The truck driver and trucking company are both responsible for the safe operation of the truck. The driver must obtain a commercial driver’s license and complete training to operate a commercial truck and comply with all state and federal laws. The trucking company must hire licensed truck drivers, perform background checks and adequately train them. The trucking company should conduct random drug and alcohol testing, investigate accidents its truck drivers are involved in, and maintain each truck in the fleet.

However, other parties can also be liable for a truck accident, including:

• Repair workers
• Cargo loaders
• Freight forwarding companies
• Vehicle or part manufacturers
• Maintenance companies
• Other drivers

Tips for Maximizing the Chances of a Successful Truck Accident Claim in Nevada

Your actions can affect the value of your insurance claim or lawsuit. To improve your chance of a successful case against the liable party, consider following these tips:

• Report the crash – Alerting law enforcement of the crash will bring officers to the scene. The officers will compile a police report of the accident, providing the initial documentation of what happened. You should report the incident to your insurance provider within a few days of the accident.
• Document the accident scene – Gather evidence from the crash scene if your injury isn’t too severe and walking around the area is safe. Take photos, and talk to witnesses.
• Seek treatment immediately – Visit a hospital, emergency room, or urgent care facility on the same day as the accident. You could have injuries such as head injuries that have not yet become apparent but could prove life-threatening. You should keep follow-up appointments with medical providers.
• Don’t talk to the insurance adjuster – The at-fault party’s insurance company might contact you to discuss the accident, hoping to push you into saying something they can use against you to reduce the value of your claim. You don’t have to talk to them or give a recorded statement. Instead, consult a personal injury lawyer and tell the insurer to speak with your attorney.
• Don’t accept the first offer – Insurance companies may offer a quick settlement to limit their liability. You should not accept any offer until you consult an attorney.
• Don’t sign anything – If the at-fault party’s insurance company asks you to sign any forms or medical releases, politely decline their request. They might be trying to get you to authorize access to your medical file so they can claim your injuries from the truck accident are a pre-existing condition. You’re not obligated to allow them access to your medical file.
• Avoid social media – The insurance company and its defense attorneys may find and use anything you post online to challenge your claim. Even a seemingly innocent night out with friends can become evidence that your injuries are not as serious as you claim. Stay off social media while your case is pending.