A collision with a semi-truck, tractor-trailer, delivery vehicle, or other commercial truck can be overwhelming. In the minutes and days after the crash, you may be dealing with injuries, vehicle damage, insurance companies, medical appointments, and questions about who was responsible.
The steps you take after a commercial truck accident can also affect your ability to pursue compensation later.
If you were involved in a truck crash in Henderson, your health should come first. After addressing immediate medical concerns, documenting the accident and preserving available evidence can help protect your rights under Nevada law.
Below are some of the most important things to do after a Henderson truck accident.
Call 911 after a serious commercial vehicle collision, particularly if anyone may be injured or the vehicles are blocking traffic.
Police officers can secure the scene, arrange emergency medical assistance, identify the drivers involved, speak with witnesses, and document observations that may later become relevant to an insurance claim or lawsuit.
When officers arrive, explain what happened as accurately as you can. Avoid guessing about your speed, distances, or other details you are unsure about.
The police report does not necessarily determine who is legally responsible for the accident, but it can provide useful information for a later investigation.
Seek emergency treatment when necessary and follow up with an appropriate medical provider after the crash.
Some injuries may not produce severe symptoms immediately. Adrenaline and shock can temporarily mask pain, while injuries involving the head, neck, back, or internal organs may become more noticeable in the hours or days following the collision.
Truck accident injuries may include:
Seeking appropriate medical treatment is important for your health. Medical documentation may also help establish when your symptoms began, what injuries were diagnosed, what treatment was recommended, and how the accident has affected you.
If your physical condition allows and you can do so safely, take photographs and video before vehicles are moved or evidence at the scene disappears.
Try to document:
Wide-angle photographs showing the entire scene can be just as important as close-up photographs of vehicle damage.
Do not put yourself in danger to obtain photographs. Henderson-area highways and major roadways can remain hazardous after a collision.
A commercial truck case can involve significantly more parties than a typical passenger-vehicle accident.
Get the driver’s name, driver’s license information, insurance information, employer or motor carrier name, and contact information when possible.
You should also photograph identifying information displayed on the truck and trailer.
This can be important because the company whose logo appears on a truck is not necessarily the only business involved. A later investigation may identify separate companies responsible for the tractor, trailer, cargo, maintenance, shipping, or driver.
Independent witnesses can become particularly valuable when the truck driver and injured motorist disagree about how the collision occurred.
If someone stopped after witnessing the accident, obtain their:
Do not assume all witness information will appear in the police report.
A witness may have seen a truck change lanes, run a traffic signal, follow another vehicle too closely, lose cargo, or engage in other conduct that was not captured by the drivers involved.
Cooperate with police and provide truthful information, but avoid making statements such as “It was my fault” or speculating about why the accident happened.
Truck crashes can be more complicated than they initially appear.
For example, an investigation may later uncover:
You may not have access to any of that information while standing at the accident scene.
Nevada also uses a modified comparative-negligence system. A claimant’s partial responsibility does not automatically prevent recovery when the claimant’s negligence is not greater than the negligence of the party or parties from whom recovery is sought, although compensation may be reduced according to the claimant’s share of fault.
You may hear from the trucking company’s insurance carrier shortly after the accident.
An adjuster might ask you to provide a recorded statement, sign medical authorizations, describe your injuries, or discuss how the accident happened.
You should provide necessary information to your own insurer when required under your policy, but you do not have to treat a trucking company’s insurer as though it represents your interests.
The insurer’s job is to investigate the claim and determine what its company may owe.
Be especially cautious about discussing the full extent of your injuries before your medical condition is understood. A serious injury may require additional testing, treatment, surgery, rehabilitation, or time away from work that was not apparent during the first few days after the crash.
A trucking insurer may offer compensation relatively quickly after a collision.
An early offer may be tempting when you are facing medical bills, vehicle repairs, and missed work. However, settling a claim typically requires signing a release that can affect your ability to seek additional compensation later.
Before resolving a significant injury claim, you should understand issues such as:
The first insurance offer is not necessarily an accurate measure of what a truck accident claim may ultimately be worth.
Create a file containing documents and other evidence related to the accident.
Keep copies of:
It can also be helpful to document how your injuries affect your daily activities, ability to work, sleep, mobility, and quality of life.
Consider limiting what you post publicly while an injury claim is pending.
Photographs, videos, location check-ins, and comments may be taken out of context when an insurance company is evaluating your injuries.
For example, a photograph showing you attending a family event does not necessarily mean you are pain-free. However, an insurer may still attempt to use publicly available information to challenge allegations about your physical limitations.
You generally should not delete or alter existing material merely because a claim has arisen. Instead, speak with your attorney about preserving relevant information and handling social media appropriately during the case.
This is one of the biggest reasons a commercial truck accident differs from an ordinary car crash.
A trucking company may possess electronic and business records that could help explain what happened.
Potential evidence includes:
Electronic logging devices can record information including the date, time, location, engine hours, vehicle miles, vehicle identification, and driver or motor-carrier identification at specified intervals.
That type of evidence can be valuable when investigating whether fatigue, excessive hours, vehicle operation, or another issue contributed to a crash.
An attorney may send preservation notices requesting that relevant parties retain evidence potentially related to the collision.
Do not assume the truck driver is automatically the only potential defendant.
Depending on why the crash happened, potentially responsible parties could include:
Identifying all responsible parties can be particularly important when a collision results in catastrophic injuries and substantial long-term damages.
Compensation after a Nevada truck accident may involve more than your initial emergency-room bill.
Depending on the circumstances, damages can potentially include:
Save documents that help show these losses rather than relying on memory months later.
Legal deadlines apply to Nevada injury claims, but the practical deadline for preserving evidence may arrive much sooner.
Surveillance footage can be overwritten. Witnesses can become difficult to locate. Vehicles can be repaired or placed back into service. Electronic and business records may also be subject to retention practices.
This is why beginning an investigation promptly can be particularly important after a commercial truck crash.
You are not legally required to hire a lawyer simply because you were involved in a truck accident. However, serious commercial truck cases can involve complex questions regarding federal trucking regulations, corporate defendants, multiple insurance policies, electronic evidence, and long-term damages.
A Henderson truck accident attorney can investigate the collision and help determine:
If you are trying to prioritize what matters most, focus on these steps first:
You do not need to solve the entire case at the accident scene. Your immediate priorities should be your health, safety, and preservation of basic information that may help determine what happened later.
Do not jeopardize your health to obtain evidence.
If you were transported by ambulance or physically unable to photograph the accident, other sources of evidence may still exist.
These could include:
A lack of photographs on your phone does not necessarily mean you cannot establish how the collision occurred.
The days following a commercial truck accident can have lasting consequences for both your health and your potential injury claim. While you focus on treatment and recovery, important questions may remain about how the crash occurred, who was responsible, and what evidence exists.
At DBLF Injury Lawyers, our Henderson truck accident attorneys can investigate the circumstances surrounding a commercial vehicle collision, identify potentially responsible parties, preserve important evidence, communicate with insurance companies, and pursue compensation available under Nevada law.
If you or a loved one has been injured in a semi-truck, tractor-trailer, delivery truck, or other commercial vehicle accident in Henderson, contact DBLF Injury Lawyers for a free consultation.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Every truck accident claim is different, and prior results do not guarantee a similar outcome.
