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Truck Accidents: How to Protect Your Rights and Maximize Compensation

Semi-truck accident

Getting into an accident with a commercial truck–i.e., an 18-wheeler–is not your typical “fender bender.” If you are driving or riding in a passenger vehicle, you are significantly more likely to suffer serious, life-threatening injuries than the truck driver. And while truck drivers are not automatically liable for any accident that occurs, negligence on the part of truckers and trucking companies frequently plays a significant role in causing preventable accidents on Nevada roads.

Here, our Las Vegas truck accident lawyer provides a guide to protecting your rights and maximizing your financial compensation after a tractor trailer accident in Nevada.  

Always Seek Medical Attention

Young woman holding head after traumatic brain injury in Los Angeles

Perhaps the biggest mistake people make following a truck accident is not getting checked out by a medical professional. This mistake usually occurs because people are able to get up and walk away from a truck accident with no visible signs of physical injuries. But this is often misleading. Many of the most serious truck accident injuries–such as traumatic brain damage–are not immediately apparent. So even if you think you are okay, it never hurts to go to the emergency room or a primary care clinic as soon as you can following a truck accident.

Always Take Down Information

Nobody expects you to turn into a crime scene investigator in the moments following a truck accident. But you can take down some basic information that can help you when later dealing with the trucking company and their insurer. You can use your smartphone to take pictures of the vehicles and the overall accident scene. You can write down the weather and traffic conditions when the accident occurred. Most importantly, you should take down the names and contact information of any third-party eyewitnesses who saw what happened in the moments before the accident.

Do Not Discuss the Accident on Social Media

If you are the type of person who regularly shares every detail of their life on social media, your first instinct following a truck accident will likely be to tell your followers what happened, even just to reassure everyone that you are okay. Avoid this temptation. Anything you share on social media can be easily seen by the trucking company and their insurance adjusters. And even a seemingly innocuous comment or picture may be used as evidence to prove you were not seriously hurt in the truck accident.

Never Accept a Settlement Offer Without Talking to an Attorney First

Truck accidents often cause catastrophic injuries. The trucking companies and their insurers know this. They have plenty of experience when it comes to handling accident claims. They are counting on your lack of experience to help them.

It is not uncommon for an insurance company to make a settlement offer within days of a truck accident. This initial offer is almost always far below the true value of the victim’s claim. The reality is that the victim probably does not even know what their claim is worth under Nevada law.

Trucking companies are represented by large insurance carriers. The insurance adjusters are not on your side. That is why it is imperative to work with an experienced Las Vegas personal injury lawyer who can represent you in dealing with the trucking and insurance companies. 

What You Need to Know About Truck Accident Laws in Nevada

Were you involved in a large commercial truck accident in Las Vegas? While federal safety regulations could play a role in the case, your claim falls under Nevada law. Here are three of the most important points that you need to know about the state’s truck accident liability laws: 

  1. Liability is Based on Fault: Nevada is a fault-based motor vehicle accident jurisdiction, including for commercial trucking accidents. How do you hold a trucker or trucking company liable for your crash? You need to prove that their negligence—careless or reckless actions/inactions—contributed to the crash. A thorough investigation of the crash is a must. Negligence comes in many forms—from truckers speeding to equipment failures. 
  2. Comparative Negligence May Apply: Under Nevada law (N.R.S. § 41-141), semi-truck accident claims are subject to a comparative negligence standard of liability. Each party to a collision is legally responsible for their proportionate “share” of the blame. If you are found 30 percent at fault for a truck accident in Las Vegas, you will bear 30 percent of the blame for your own damages. Every percentage point of assigned fault matters. 
  3. Statute of Limitations is Two Years: Be proactive after a truck accident. Truck companies and their insurers waste little time in building a defense. There is a two-year statute of limitations to bring a truck accident injury claim. The sooner you consult with a Las Vegas truck accident lawyer, the better positioned you will be to get justice. 

Contact Our Las Vegas Semi-Truck Accident Attorney Today

If you have been injured in a truck accident, call Heidari Law Group, P.C., today at 702-772-1500 or contact us online to schedule a free case evaluation. We are committed to helping injured victims secure the full and fair financial compensation that they deserve. From our law office in Las Vegas, our firm handles tractor trailer accident claims in Clark County and throughout Southern Nevada.

***Disclaimer: This webpage has been crafted by Heidari Law Group solely for educational purposes. The content of this article aims to offer a broad comprehension of the law and does not constitute specific legal advice. By accessing this site and perusing its contents, no attorney-client relationship is established between you and any member of Heidari Law. Additionally, it’s important to note that the legal landscape is subject to continuous change, rendering some of the information provided herein potentially outdated or no longer applicable.

Sam Heidari

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