Nevada Truck Crash Claims: How to File a Personal Injury Claim After a Truck Collision

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

What to do after a truck hits you: a step-by-step guide under Nevada law

Disclaimer: This article is for general information only and is not legal advice. For advice about your situation, consult a Nevada attorney.

Detailed Answer

If a truck crashed into you and caused injuries, start by protecting your health and your legal rights. Under Nevada law you may pursue a claim against the truck driver, the trucking company, the vehicle owner, or others (for example, a loader or maintenance shop) whose negligence contributed to the crash. Typical claims are based on negligence: showing that the at-fault party owed a duty of care, breached that duty, caused your injury, and that you suffered damages.

Immediate steps at the scene and right after

  • Get medical attention right away. Your health is the priority and early treatment documents the link between the crash and your injuries.
  • Call law enforcement so an official crash report is created. Ask how to obtain the crash report or the report number.
  • Collect evidence: photographs of the scene, vehicle damage, skid marks, road signs, traffic signals, and visible injuries. Gather contact and insurance information for the truck driver, the trucking company, and any witnesses.
  • Preserve evidence: keep damaged clothing, medical records, receipts, and all repair or towing records. Preserve your phone with photos and messages; do not delete anything related to the crash.
  • Do not admit fault or give detailed recorded statements to the other party’s insurer without consulting an attorney. Provide basic facts to medical providers and law enforcement, but be cautious with insurers.

Filing an insurance claim

Most truck-crash claims begin with the trucking company’s commercial auto insurer. To file an insurance claim:

  1. Notify your own car insurance company and the trucker’s insurer. Follow your policy’s notice requirements.
  2. Provide factual information: crash report number, driver and company details, photos, medical records, and bills.
  3. Keep a written log of all communications and the name, date, and time of each contact with insurers and adjusters.
  4. Be wary of quick settlement offers. Early offers are often far less than the full value of long-term medical costs, lost wages, and pain and suffering.

When to file a lawsuit in Nevada

If the insurer denies your claim or offers an inadequate settlement, you may file a civil lawsuit. In Nevada, time limits (statutes of limitations) apply to personal injury lawsuits. Generally, you must file a personal injury action within two years of the date of injury. See Nevada Revised Statutes, Chapter 11 (Limitations of actions) for details: NRS Chapter 11 (limitations). Failing to file on time can bar recovery, so monitor deadlines closely.

How Nevada handles fault and damages

Nevada applies comparative fault rules that reduce a plaintiff’s recovery by the plaintiff’s percentage of fault. If you are more than 50% (51% or greater) at fault, you typically cannot recover. For statutes and rules governing civil actions and damages, see Nevada Revised Statutes, Chapter 41: NRS Chapter 41 (civil actions; damages). Typical recoverable damages include past and future medical expenses, lost wages, loss of earning capacity, pain and suffering, and property damage.

Special issues in truck crashes

  • Multiple potentially liable parties: trucking companies, cargo loaders, mechanics, and parts manufacturers may share liability.
  • Federal rules: If the truck crosses state lines or engages in interstate commerce, Federal Motor Carrier Safety Regulations (FMCSA) may apply. Records like driver logs, maintenance logs, and hours-of-service records can be relevant. See FMCSA regulations: FMCSA Regulations.
  • Commercial insurers and a large defense team: trucking companies often have experienced counsel and insurers, so claims can be complex and contested.

Practical timeline

Start collecting evidence and seeking treatment immediately. File insurance claims promptly, and consult an attorney well before the two-year filing deadline if the injury is serious or fault is disputed. Many personal injury attorneys accept cases on a contingency-fee basis, so you pay no upfront attorney fees and the attorney is paid a percentage of any recovery.

Helpful Hints

  • Prioritize medical care—seek prompt treatment even for injuries that seem minor.
  • Get the police crash report number and a copy of the report.
  • Take many photos at the scene and of injuries; photo timestamps help establish the timeline.
  • Write down witness names and contact details the day of the crash.
  • Do not post details or images about the crash or your injuries on social media.
  • Preserve medical records: doctor notes, imaging (x-rays, MRIs), therapy notes, and bills.
  • Keep a daily journal of symptoms, medical appointments, and how injuries affect daily life—this supports non-economic damages like pain and suffering.
  • Be cautious with recorded statements requested by the other side or its insurer; politely decline until you consult an attorney.
  • Ask for the trucking company’s U.S. DOT number and insurance information. For interstate carriers, DOT numbers help identify the motor carrier and safety records.
  • Consult a Nevada personal injury attorney early if your case involves serious injury, death, disputed fault, or multiple defendants.

If you need help finding an attorney in Nevada, look for lawyers who handle truck accidents and personal injury cases on a contingency basis. Ask about experience with commercial carrier cases, trial experience, and how they handle preservation of electronic logs and maintenance records.

Reminder: This information does not create an attorney-client relationship and is not legal advice.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.