Legal Steps to Take After Being Hit by a Commercial Truck

Legal Steps to Take After Being Hit by a Commercial Truck in Las Vegas

Accidents involving commercial trucks can lead to severe injuries and complex legal challenges. Even the most careful drivers can become victims of these collisions due to factors like driver fatigue, vehicle malfunctions, or improper loading. If you find yourself a victim of a commercial truck accident, knowing the legal steps can help you receive the compensation you deserve. Understanding what actions to take immediately after the accident, how to seek legal representation, and the process of filing and negotiating a claim will help you be prepared.

Immediate Actions Post-Accident

When you are involved in an accident with a commercial truck, taking the right steps immediately afterward supports your safety and the success of any future claims. Here’s what to do:

Call Emergency Services

The first and foremost action after being hit by a commercial truck is to evaluate your safety and the safety of others involved. Call emergency services immediately to report the accident and get medical help. Even if injuries appear minor, get a professional evaluation, as some conditions may not manifest symptoms right away.

Collect Evidence

Gathering evidence at the scene will help support your commercial truck accident claim. If possible, take photos of the accident site, vehicle damages, and any visible injuries. Collect witness information, including names and contact details, and get the commercial truck driver’s details such as their name, employer, and insurance information. This evidence will be instrumental in supporting your claim.

Contact a Truck Accident Attorney

Reaching out to a qualified legal professional can significantly influence the outcome of your case. Here’s why:

Importance of Legal Representation

An experienced attorney can guide you through the intricacies of personal injury laws so your rights are protected, and you can build a strong case for compensation.

Choosing a Reliable Attorney

Look for attorneys specializing in commercial vehicle collision cases. Evaluate their track record, client testimonials, and consult multiple options before making a choice. A good attorney will not only have legal expertise but also the resources to thoroughly investigate the accident and negotiate with insurance companies on your behalf.

Understanding Your Rights

Understanding your rights following a commercial truck accident can help you know what to do in the aftermath of an accident.

Overview of Personal Injury Laws

Personal injury laws vary by state but generally allow victims to seek compensation for medical expenses, lost wages, and pain and suffering. Knowing these rights helps you make informed decisions, so you are not taken advantage of by insurance companies or opposing parties.

Legal Process for Seeking Compensation

The process typically begins with an investigation, followed by filing a claim after completing your medical treatment, and potentially leading to negotiations or a trial. Familiarize yourself with each stage to better understand what to expect and how your attorney will advocate for your interests.

Filing a Claim

Filing a commercial truck accident claim after you’ve completed your medical treatment is necessary when seeking compensation for damages and injuries.

Steps Involved in Filing a Claim

Once you’ve hired an attorney, they will assist you in filing a formal claim. This involves submitting necessary documents like the accident report, medical records, and any evidence collected. Your attorney will also handle all communications with insurance companies and negotiate on your behalf.

Required Documents and Deadlines

Timeliness is key in filing a claim. Be aware of any deadlines, such as the statute of limitations, which dictates how long you have to file a claim after the accident. In Nevada, the statute of limitations for commercial truck accident claims is two years from the date of the accident. Ensure all documents are accurate and complete to avoid delays in processing.

Negotiating a Settlement

Negotiating a settlement determines the amount of compensation you may receive without going to trial.

How the Negotiation Process Works

Most commercial truck accident claims are settled through negotiations between your attorney and the insurance company. A settlement can be reached either before or after a lawsuit is filed. Your attorney will present evidence of the truck driver’s liability as well as the extent of your injuries and argue for a fair settlement based on the extent of your injuries and damages.

Protecting Your Interests

Throughout the negotiation process, it’s important to stay informed and involved. Trust your attorney’s expertise but also feel free to ask questions and express any concerns. Their goal is to secure a settlement that truly reflects the impact of the accident on your life.

Trial Preparation

While many commercial truck accident claims conclude with a negotiated settlement, some cases proceed to trial when an agreement cannot be reached. Sometimes, trial is necessary because  liability, the medical cause of injury, or the extent of injury is contested. Understanding what to expect will help you prepare to present your case effectively in court.

Overview of the Trial Process

A trial involves presenting evidence of your case before a judge or jury, who will determine the outcome. It involves your trial attorney presenting a compelling opening statement that lays out all the evidence that will be presented, calling witnesses, including experts, to testify on your behalf, cross-examining the defendant’s witnesses, and culminating in a persuasive closing statement.

Preparing for Trial

Your attorney will guide you through each step of the trial preparation. For seasoned trial attorney, trial preparation begins the moment the attorney is hired. An experienced trial attorney knows that it’s important to plan from the beginning and prepare a case as if its going to trial, even though a settlement is a possibility. Such early preparation with trial in mind not only assists in presenting a thorough evidence-driven case at trial, but also places pressure on the defendant and can facilitate a settlement. Trial preparation begins with gathering and preserving all evidence, deposing defense witnesses, including experts, and hiring the right experts. Being well-prepared significantly impacts the success of your case.

The Team at Carvalho & Associates Can Help!

Being involved in a commercial truck accident can feel overwhelming to process, but understanding the legal steps can empower you to take control of the situation. From seeking immediate medical attention to hiring an experienced attorney and navigating claims, each action will help secure the compensation you deserve. If you or someone you know has been affected by a commercial truck accident, we urge you to seek professional legal advice. Contact Carvalho & Associates for a free consultation to discuss your case and explore your options. Reach us at Carvalho & Associates or call 702-276-0000. Your full recovery is our priority, with no fees unless we win your case.