Know the Steps You Must Take After a Truck Accident in Nevada
Being involved in any kind of vehicular accident is a traumatic experience, but knowing what to do if hit by a truck in Nevada can make a significant difference in protecting your rights. Truck accidents are especially dangerous due to the sheer size and weight of these vehicles. In Nevada, where interstate highways like I-80 and I-580 see heavy truck traffic, the likelihood of serious accidents is higher. Truck accidents often lead to devastating consequences, including severe injuries, long-term disabilities, and even fatalities.
When a truck accident occurs, the legal stakes are much higher than in a typical car accident. Not only is the potential for damage greater, but commercial trucking companies and drivers must adhere to strict state and federal safety regulations. This means that pursuing a legal claim in a truck accident requires a thorough understanding of these regulations and the laws specific to Nevada.
If you’ve been hit by a truck in Nevada, knowing what to do in the aftermath is essential to protecting your health and legal rights. This guide will walk you through the immediate steps you should take and how to seek compensation for your injuries.
Key Takeaways:
- After being hit by a truck in Nevada, it’s important to take immediate steps to protect your health and legal rights. This includes seeking medical attention, reporting the accident to the police, and gathering evidence. Understanding your legal rights under Nevada’s comparative negligence law can help you recover compensation, even if you are partially at fault.
- Liability in a truck accident can involve multiple parties, including the truck driver, the trucking company, or even third parties like manufacturers. Determining fault and pursuing compensation requires gathering evidence and understanding who is legally responsible. Nevada law allows you to recover damages even if more than one party shares liability.
- The legal process after a truck accident involves filing a personal injury claim, negotiating with insurance companies, and potentially pursuing litigation if a fair settlement isn’t reached. Compensation can cover medical bills, lost wages, and other damages. Having a legal team experienced in truck accident cases can help guide you through the process and ensure your rights are protected.
Immediate Steps to Take After Being Hit by a Truck
Truck accidents can cause severe injuries and leave victims feeling overwhelmed. If you’ve been hit by a truck in Nevada, knowing what steps to take immediately after the accident can protect your health and strengthen your legal case.
1. Prioritize Safety and Medical Attention
The first thing to do is check for injuries and move to a safe location, if possible. Even if you feel okay, seek medical attention. Injuries from truck accidents, such as internal trauma, may not be immediately visible but can worsen over time. Documenting your injuries early is essential.
2. Call the Police
Contacting law enforcement is required for any significant accident in Nevada, and it’s particularly important when a large commercial vehicle is involved. A police report will serve as official documentation of the incident, which will be critical if you need to pursue legal action later.
3. Collect Evidence
If you’re able, gather evidence from the scene. Take photos of the truck, your vehicle, skid marks, road conditions, and any visible injuries. Get contact information from witnesses. Also, record the truck’s license plate number and the company it’s associated with. This information will be helpful when building your case.
4. Avoid Admitting Fault
It’s natural to want to discuss the accident at the scene, but be cautious about what you say. Avoid admitting fault or making statements that could hurt your case later. Nevada follows a comparative negligence rule, meaning your compensation can be reduced if you’re found partially responsible.
Following these steps can ensure you’re protected medically and legally after a truck accident.
Your Legal Rights in a Nevada Truck Accident
If you are hit by a truck in Nevada, understanding your legal rights is essential. Nevada laws impose strict safety regulations on truck drivers and the companies that employ them. If any of these rules are violated and result in an accident, you have the right to seek compensation for medical expenses, lost wages, and other damages.
Nevada’s Comparative Negligence Law
Nevada operates under a comparative negligence rule. This means that even if you are partially responsible for the accident, you may still recover compensation. However, your compensation will be reduced based on your percentage of fault. For instance, if you’re found 20% at fault, you can still receive 80% of the damages awarded.
Statute of Limitations
In Nevada, you generally have two years from the date of the truck accident to file a personal injury claim. This deadline is known as the statute of limitations. If you miss this window, you may lose the ability to pursue compensation, no matter how strong your case might be.
Truck Driver and Company Responsibilities
Truck drivers and companies must adhere to state and federal safety regulations. This includes proper vehicle maintenance, adherence to driving hours, and ensuring the driver is fit to operate the truck. If any of these responsibilities are neglected, both the driver and the trucking company could be held liable for the accident.
Who Can Be Held Liable in a Truck Accident?
In Nevada, truck accidents can involve multiple responsible parties, which makes determining liability complex. Understanding who may be liable is essential for building a strong legal case.
Truck Driver Liability
The truck driver may be held liable if they were speeding, distracted, or violating federal safety regulations. Drivers are required to follow strict rules, such as limits on driving hours to avoid fatigue.
Trucking Company Liability
The trucking company may share liability if they fail to maintain their trucks properly or pressure drivers into unsafe practices like skipping rest breaks. Companies are responsible for ensuring their vehicles are roadworthy and their drivers are fit to operate them.
Third-Party Liability
In some cases, other parties may be liable, such as manufacturers of faulty truck parts or maintenance providers who failed to service the truck properly. These third parties can play a role in causing an accident.
Shared Liability
Nevada’s comparative negligence law allows for multiple parties to share fault. Even if you’re partly responsible for the accident, you can still recover compensation, though your percentage of fault may reduce the amount.
Legal Process and Remedies After a Truck Accident
After the initial steps are taken following a truck accident in Nevada, the legal process begins. Knowing what to expect can help ensure you receive proper compensation.
Investigating the Accident
The first part of the legal process is gathering evidence. This involves reviewing the police report, witness statements, medical records, and possibly data from the truck’s black box. A Nevada personal injury attorney can help organize this information to build your case.
Filing a Personal Injury Claim
Once the investigation is complete, you can file a personal injury claim. This claim will seek compensation for your medical expenses, lost wages, and pain and suffering. Each case is different, so the compensation you receive will depend on the extent of your injuries and the liability of the other parties.
Negotiating with Insurance Companies
Insurance companies often try to settle quickly, but these offers may not cover the full cost of your injuries. Before accepting any settlement, ensure it accounts for all current and future medical expenses, as well as lost wages.
Litigation if Necessary
If a fair settlement isn’t reached, you may need to file a lawsuit. Most cases still settle before reaching trial, but litigation may be necessary to ensure you receive adequate compensation.
By understanding these steps, you can be better prepared for the legal process following a truck accident in Nevada.
Why Choose Joey Gilbert Law for Your Truck Accident Case?
Knowing what to do if hit by a truck in Nevada can feel overwhelming. Having a legal team that understands the complexities of these cases is essential. At Joey Gilbert Law, we have the experience needed to guide you through the process and work toward securing the compensation you deserve for your injuries, medical bills, and lost wages. We also handle DUI defense, family law, and business law, offering legal support across various areas.
For a free consultation, contact Joey Gilbert Law today to get the help you need.
