How Can a Nevada Truck Accident Lawyer Help After a Crash?

The first few days after a truck accident can be important because evidence may become harder to preserve over time.

The marks on the road from the accident may fade, and the truck may be taken away or even crushed, and people who saw the accident may start to forget what happened.

A lawyer may act quickly to gather the information before it is lost.

Many lawyers work with investigators and experts to piece together how the crash happened.

Preserving Black Box, ELD, and Maintenance Records

Modern trucks have systems that record a lot of information.

These systems can track the truck’s speed, braking, and acceleration, as well as the driver’s hours and activity in the moments leading up to the accident.

One thing a lawyer may do is send a preservation letter, which is a formal notice that tells the trucking company to keep all the records and not to repair, alter, or sell the truck.

The Electronic Logging Device that’s in most trucks is an important piece of evidence.

The FMCSA says that an Electronic Logging Device is connected to the truck’s engine and automatically tracks the driver’s hours and compliance with hours of service rules.

This can make it harder for drivers to falsify their hours than the old paper logbooks did.

Since December 2017, many commercial drivers required to keep records of duty status have been required to use Electronic Logging Devices.

Many drivers previously required to maintain paper logbooks are now required to use devices that record hours electronically from the vehicle’s engine, and trucking companies must use a device listed on the FMCSA registry.

According to FMCSA guidance, these devices help track a driver’s hours and duty status more accurately.

They are also meant to improve safety by keeping a clear record of driving and off-duty time.

Maintenance records can reveal important details about the truck’s condition before the crash.

If a trucking company skipped an inspection, if they knew about a problem with the brakes but did not fix it, or if the tires were bald, these things can be very important in a case.

Gathering Witness Statements and Crash Evidence

Witness memories can fade quickly after a crash.

It is important to collect witness statements as soon as possible while the details are still fresh in their minds.

The rest of the evidence comes from the crash scene itself, including photos, skid marks, debris, the road layout, the damage to each vehicle, and the police report.

Then there are the cameras, such as a dashcam clip, a traffic camera, or a gas station security feed across the street, all of which can be very helpful.

By putting all of this together, a team may be able to reconstruct how the crash happened and clarify what each party did.

Investigating the Driver and Trucking Company

The next step is to check the driver’s training, license, past record, and drug and alcohol testing, along with the hours they worked before the accident.

If the employer failed to conduct adequate background checks on the driver, did not supervise them properly, or allowed them to work more hours than the law permits, the employer may also share responsibility.

Driver fatigue is a big part of this, and there are strict rules about it.

According to the hours-of-service rules set by the Federal Motor Carrier Safety Administration, a driver who is carrying goods can only drive for a maximum of 11 hours, and only after they have had 10 hours off duty.

Weekly working hours of a driver are also capped in order to prevent fatigue and accidents.

According to the Federal Motor Carrier Safety Administration, these rules can help prevent accidents caused by driver fatigue.

FMCSA states that these rules are intended to reduce fatigue-related safety risks.

If a driver violates any of these rules, it may be used as evidence against them.

It is not easy to prove who was at fault in a crash.

Insurers may dispute liability more strongly when injuries are serious and the potential payout is higher.

Under Nevada’s comparative negligence law, you may recover compensation if you are not more at fault than the other party or parties. Even if you were partly at fault, you may still be able to recover compensation.

However, the amount you may recover can be reduced depending on your share of fault.

Identifying Liable Parties

A lawyer will investigate the circumstances, including what the driver did and did not do, the company’s practices, any failures to maintain the vehicle, how the cargo was loaded, mechanical failures, and whether anyone violated a safety rule.

Drivers are often blamed for things like speeding, texting while at the wheel, being drowsy, being impaired, and unsafe lane changing.

Businesses may be accountable for a variety of actions, which include hiring drivers without doing sufficient background checks, failing to train them, overworking them, and ignoring maintenance issues.

Cargo loaders may be at fault if they did not secure the load safely. Repair shops can also be held responsible if they missed a defect or did poor work on the truck.

Proving Negligence and Safety Violations

The evidence for this comes from different sources, including hours-of-service logs, black box data, maintenance records, toxicology results, dispatch notes, cell phone records, witness testimony, and expert opinions.

The legal test for this is often fact-specific.

A lawyer generally needs to show that someone failed to act with care and that this failure caused the harm.

Fighting Comparative Negligence Claims

The insurance company may try to shift some of the blame onto you, since that can lower what they have to pay.

A lawyer may respond with evidence, including physical evidence, witness accounts, an accident reconstruction, electronic records, and your medical file.

This matters because under Nevada law, recovery may be barred if you are found more at fault than all the other parties combined.

Truck insurance companies often act quickly.

They may even call you soon after a crash, trying to get a recorded statement from you, offering you a settlement, or downplaying the severity of your injuries.

It may help to speak with a lawyer before handling these calls, because a comment to an adjuster can harm your claim.

A lawyer can also advise you before signing a blanket release or cashing a check before you know the full extent of your injuries.

Negotiating Settlement Offers

Before you respond to any offer, a lawyer may look at the situation, including the bills you have now and the ones you will have in the future.

This includes costs, future treatment, lost wages, and the money you could have earned if you were not hurt.

An early offer may not reflect the full value of a claim.

It does not take into account the surgery you still need, the time you will spend in rehab, and the help you will need at home for a time.

If the offer is not fair, the case may go to court.

A serious truck accident can create significant financial and personal losses.

A lawyer can document the ways you have been hurt so you can seek the compensation you may be entitled to.

This is not just about the medical bills you have now, but also about the other costs you will have in the future.

Medical Bills and Future Care

Your claim may include more than your ER visit. For example:

• Emergency treatment and an overnight hospital stay.
• Surgery and physical rehabilitation.
• Medications and appointments to specialists.
• Therapy, wheelchairs, and other equipment you need.
• Home modifications and long-term medical care.

Lost Wages, Pain and Suffering, and Wrongful Death

Lost income is not the only thing you may be able to claim.

You may seek compensation for lost income, lost earning capacity, and the wages you would have earned if you had not been injured.

Pain and suffering may be compensated, along with emotional trauma that may be linked to the accident and the disruption of your quality of life.

If someone dies in a truck accident, certain family members may be able to file a wrongful death claim under Nevada law.

These claims may help cover costs related to the death, including the loss of financial support and companionship.

In some cases, punitive damages may also be available, though these are rare and depend on the facts of the case.

After a collision, errors that can hurt your case are quite easy to make.

A lawyer can help you avoid these mistakes.

A lawyer may also help you deal with the insurance company and keep track of important deadlines.

In Nevada, many personal injury lawsuits must generally be filed within two years, though exceptions may apply.

If the deadline is missed, then it may become difficult or impossible to file a claim, no matter how strong a case is.

Be careful before you post anything on social media, and consider speaking with a lawyer before providing a recorded statement or signing a settlement.

Many serious truck crashes around Las Vegas happen on busy corridors like I-15 and US-95, so knowing what to do in the moment matters.

Take care of yourself first.

Some injuries, such as brain injuries, may not be noticeable immediately.

Seek medical care even if you feel fine at first.

Keep in mind that internal injuries may not become apparent until many hours or days later.

Seeking assistance immediately can help reveal an unseen injury and make a record of your injuries, which you can use later.

If possible, take pictures of everything: the vehicles, the road, the debris, the skid marks, the traffic signals, and your injuries.

Obtain contact information from any witnesses who are still present at the scene.

Keep all your paperwork in one place, including the police report, medical bills, repair estimates, and receipts.

Be careful about speaking with an insurance adjuster before getting legal guidance, since their job may involve limiting what the company pays.

Speaking with a lawyer early may help preserve evidence and avoid insurance mistakes.

It can be overwhelming to deal with the aftermath of a truck accident.

A lawyer can help you understand your rights and options.

They can also help you deal with the insurance company and build a case.

A Nevada truck accident lawyer may help you seek compensation.

Get a free consultation for a truck accident claim today.

If you are still wondering how a truck accident lawyer can help, reach out to the Winder Law Firm.

We can explain how we may help you.

Come see us, we are located at:
7785 W Sahara Ave Suite 100, Las Vegas, NV 89117