Due to their immense size and load mass, commercial trucks can cause devastating effects in a collision. You are entitled to compensation if a negligent driver or trucking company caused the accident. While an experienced Las Vegas personal injury attorney can assist you in recovering compensation, there are numerous things you should do to protect yourself and your rights after your collision. In this article, you will learn what actions to take to increase your chances of obtaining fair compensation and protecting your rights.
Call the Police
You should call 911 immediately, and a police officer will be dispatched to the accident scene. Las Vegas requires motorists to contact law enforcement in situations like:
- When a person is hurt, or
- The value of the property damaged is above the state’s threshold
You should also call the police if you believe the trucker is at fault for your collision or could have violated a traffic law.
The police will draft a police report. Typically, a police report documents physical evidence at the accident scene and witness statements. The report contains the following:
- Details of your accident and property/vehicles/property involved
- Statements from witnesses, passengers, and motorists
- A drawn diagram of the crash (point of collision, the path of vehicles, and location)
- The cop’s opinion about the accountable person
- Violation of law and citations
- Weather, visibility, and roadway conditions at the accident scene
Ensure you obtain the name and badge number of the responding police officer and the police agency they represent so you can acquire a copy of the police report.
Ensure you obtain the report number if it is available. You could be required to pay a fee to obtain the report, but it is worth it. The insurance representative will conduct their investigation when you report your claim. One thing the insurer will look at is your police report.
Should You Call the Law Enforcement Officers If You are in a Fender-Bender
Even following a minor crash, a law enforcement officer can assist you in sorting things out and documenting what occurred should your situation change. For instance, the defendant could be cooperative and friendly at the accident scene and later deny responsibility. Additionally, some injuries do not manifest immediately.
If the law enforcement officers fail to come to your accident scene, you can visit your local police station and file your report after exchanging information with all involved parties.
Receive Appropriate Medical Care After Your Accident
If you are severely injured in your commercial truck accident, emergency responders will come to the scene and rush you to a medical facility.
Often, individuals involved in an accident do not even know they have sustained injuries. The body responds to stress and pain signals by producing adrenaline and endorphins. These hormones mask your pain until your mind and body recover from the accident’s stress.
It is wise to seek medical attention even if you feel okay. Your physician should determine whether you sustained any severe injuries. Also, they can advise you on how to monitor symptoms of potential injuries and the red flags to watch out for.
Common injuries that do not appear immediately include soft tissue injuries, concussions, traumatic brain injuries, internal bleeding, and back injuries.
Continue Your Treatment Until Your Doctor Tells You to Stop
Following your commercial truck accident, if the physician diagnoses you with injuries and starts treatment, continue with the treatment until the medical practitioner releases you from it.
It is because:
- The doctor will determine how severely you are hurt and prescribe the best treatment plan to assist you in recovering quickly
- The physician’s records document and validate the injuries' extent and nature and the treatment's duration and course. Verification is key if you file a personal injury claim for damages.
Review Your Physician’s Medical Records
If you are receiving treatment for your commercial truck crash, ask your physician for medical record copies. Read them thoroughly and have the doctor rectify any mistakes you find.
When reviewing the records, focus on the accident’s description.
Did your physician describe your accident correctly or misunderstand the facts?
You should identify and correct every discrepancy since the defendant’s lawyers and insurance adjusters will use it to establish that the collision did not occur the way you claim. Also, ensure your medical records precisely highlight your signs and symptoms.
Moreover, check to ensure that your physician captures your medical history correctly, especially if you have a pre-existing health condition. When you file a claim, the adjuster will analyze your medical history to find anything that could point to the root cause of your symptoms.
Do Not Settle Your Claim Right Away
If you are involved in an accident, you have a right to compensation for damages, and the defendant’s insurance provider can contact you and try to settle your claim.
The initial reaction to a settlement offer can be a relief. Now you will receive funds to foot medical expenses and have your car repaired without seeking legal representation and filing your personal injury claim. It would help if you were not carried away easily because the insurer will require you to sign a release before compensating you.
When you receive the release, do not sign it until you consider the following things:
Ensure Your Settlement Amount Covers All Damages and Injuries
Because you feel okay and the settlement check covers all your repair and medical bills, that does not mean you are fully compensated. Most injuries are not discovered until a specific duration after your truck accident. The last thing you want to do is agree to a settlement of ten thousand dollars and then learn two months later that you require another ten thousand dollars for an injury that has recently manifested symptoms.
Once you sign your release, you cannot obtain anything from the defendant or their insurance provider.
Seek Approval from Your Motor Vehicle Insurer Before Signing Your Release
You could require your car insurer’s permission before signing your release. It is because of subrogation in underinsured motorist cases, an essential concept in traffic-related cases.
Imagine you are involved in an accident, and the driver’s insurance policy limits are inadequate to compensate you for the damages and losses incurred. If you carry underinsured motorist coverage, your insurance provider should make up the difference up to the UIM limits. Then the insurer will use the subrogation provision in the insurance policy to reimburse the difference from the defendant.
When you sign the release without consulting with your insurance provider, your insurer’s ability to go after the defendant for reimbursement will be gone.
Ensure You Know and Understand What You are Signing
Legal documents are complicated, and you can feel that you do not need to read your release if you do not understand it.
Do not take the insurance adjuster’s word regarding the release terms. Your competent personal injury lawyer can help you understand important release terms like settlement payment and amount information.
Let Your Lawyer Review Your Release
Your attorney should explain the contents of your release and answer your questions. They will also highlight legal rights you do not know will vanish once you sign your release.
Watch What You Say
In an accident claim or lawsuit, who pays is determined by knowing the defendant, and statements made at the accident scene are key evidence.
One reason you should be cautious with what you say is that you could be wrong. It is mainly true amid confusion and stress after your accident, the pain you could be in, and the heightened anxiety likely pervading your scene.
Additionally, what you say can be used against you and hurt the case.
It would be wise to exchange names, contact information, car insurance, and driver’s licenses with all parties involved. However, your conversation should be strategic and avoid saying the following:
“It was My Fault”
Do not admit responsibility for your commercial truck accident. When describing your accident, do it without adding your personal opinions.
Even if you think you are accountable, the other motorist could also be at fault for the crash.
“I’m Not Hurt”
Injuries like bruises, brain injuries, or internal bleeding are not apparent immediately after the accident. Your back or neck could start hurting a couple of days later. Make sure you consult a doctor if you experience pain.
Also, stay off social media where you discuss your injuries and accidents. The internet does not forget what you post, regardless of whether you delete it.
“This is my Official Statement”
Do not give an official recorded statement until your attorney advises you accordingly. You are not legally required to have the statement recorded. The insurance firm can misconstrue or take your statements out of context until they serve their objectives.
Name of Others
Stick to the basics when handling the insurance company representative. Please do not give them the names of your doctors, friends, or relatives.
“I Think…”
It is okay to say that you do not know if you do not have factual answers. Avoid making estimates. It can apply to your speed when operating your vehicle or distance calculations.
“I Do Not Have a Personal Injury Attorney”
When you have skilled legal representation, the insurance firm is more likely to give your personal injury claim more attention and respect. The lawyer is more experienced in the law regulating insurers than you and in estimating the true value of a claim, taking present and future damages into consideration.
“I Accept”
Your initial compensation offer from the insurance providers will be a lowball settlement offer. Although you are losing income and have significant medical expenses, do not accept the offer that does not fully compensate you.
Ensure you hire an attorney before accepting the offer. They will advocate on your behalf and negotiate a satisfactory settlement amount.
Document the Proof at the Accident Scene
If you are not injured, and it is safe to get out of the car and walk around, collect as much evidence of your accident as possible. If the highway is busy and police officers have not yet arrived, you do not want to worsen the situation.
Documentation involves collecting information from parties involved in your commercial truck accident. Make certain that you collect the following:
- The truck motorist’s name, phone number, email address, and home address
- The commercial truck driver’s license number
- The other motorist’s insurance provider
- The other driver’s policy number
- The truck license plate number
- The name of the motorist’s boss and trucking firm and their contact details
Documentation also includes:
- Road conditions
- Weather conditions
Collect Witnesses’ Names and Contact Information
A witness could mean the difference between receiving compensation after your collision and being accountable to the truck driver for their losses and damages.
Time is of the essence. Locating witnesses weeks or months following an accident can be challenging. Even if you find them, the individuals can no longer vividly recall the collision’s details.
The most noticeable witnesses to your collision are the commercial truck’s passengers. However, since these people are often the driver’s loved ones and colleagues, their statements are less credible.
Common unbiased and often ignored witnesses include:
- Pedestrians
- Passengers and drivers in other cars
- Emergency responders
- Individuals in nearby buildings
Since witnesses are hard to find after the accident, make sure you collect as much contact information from them as possible. It includes their:
- Name
- Work and home addresses
- Work and home telephone numbers
- Contact information of people close to them, like their spouse
When obtaining the witnesses’ contact information, determine the following:
- The witness’ position during your crash
- What the witness heard and saw
- Where was the witness going to and coming from
If your witness is cooperative and their statement supports your claim, request that they draft and sign their statement, recording what they heard and saw. You can also record the statement using your cell phone.
Have Your Motor Vehicle Appraised
While your motor vehicle could look to have minor damage, sometimes the damage can be internal and invisible to you. Nevertheless, you should not take the car to your local body shop immediately and have it repaired.
Repair estimates are part of the insurance claim, and every insurer has different requirements for what should be submitted before compensating you. While you can have the car transported to the body shop, make sure you caution the shop not to repair it until you resolve the matter with the insurer.
Even if you are sure it is safe to drive your car, take it to an experienced body shop or mechanic for an assessment.
Take Photos of the Accident Scene
Taking photographs of the accident scene is essential. It can be the only proof you can use gathered from the accident scene.
Once you call 911 and all the people involved in your collision are accounted for, you should next take pictures. Even if you believe you are responsible for your accident, scene photography can prove specific conditions that lower your liability.
The best moment to capture images is after your accident. The closer you capture the vehicles’ positions and have the images document the conditions surrounding your crash, the more essential your photographs will be as proof.
When taking photographs, there are numerous things to remember to ensure your photographs are instrumental in your claim. Many people today enjoy well-composed and artful images found on social media platforms. You can enjoy using tricks like filters to make the image more attractive. As tempting as the habit can be, resist that urge; scene photography aims to establish facts about your truck accident scene.
Here are additional tips for capturing your accident scene photographs:
- Capture the overview of your accident scene — Take a couple of steps back (provided it is safe) and take images of the scene from different angles. Show the position of all the cars as they relate to one another, the road, and other objects. Do not worry if there are other elements present that were not there during the accident. However, ensure that all the involved cars are visible in one photo from different angles.
- Traffic signals — While your photo will not show whether the traffic lights were green or red during the accident, the position of traffic signs and lights can provide crucial information to accident investigators and reconstruction experts. Remember to take photographs of your accident scene with broken glasses and skid marks, indicators of how your collision occurred.
- Weather conditions — If it is snowing or raining and the road is slippery, that can be a contributing factor. Some accidents also occur because the sun blinded the motorist, which is also relevant.
- Damage to all vehicles — Walk around every vehicle and capture close-up images of visible damage signs like dents, deployed airbags, and broken glass.
- Your injury — If you sustained an injury, have it documented by taking photos. If you cannot take the pictures, ask another person at your scene to do it on your behalf.
Hire an Experience Attorney
One essential step you can take after an accident is hiring a lawyer. Engaging an attorney is highly recommended, even if you are unsure if the truck driver caused the collision. There are many legalities involved with a commercial truck accident, and you require the help of a legal professional.
You can be sure the trucking company and their insurance provider will hire seasoned advocates to minimize their liability. Therefore, you should have an attorney to level the playing field.
Your lawyer will take the necessary steps to conduct investigations, collect and preserve crucial evidence, and handle communications with the defendant and their insurance company.
Find a Competent Attorney Near Me
Due to their sheer size, commercial trucks can cause catastrophic injuries and damage. Therefore, knowing what to do after a collision is essential. The Las Vegas Personal Injury Attorney Law Firm can collect and analyze evidence to determine the defendant. We can also work aggressively to obtain the compensation you deserve to make you whole again.
Do not hesitate to contact us at 702-996-1224 to get your case started. Our friendly and compassionate attorneys will be glad to answer your questions.
