Elko Truck Accident Lawyer
Truck operators are the third leading group of motorists on the roads throughout Nevada. Sharing the road with daily commuters, tourists, and others, crashes involving large commercial vehicles happen all too often on the roads in Elko, and across the state.
Passenger vehicles are in grave danger when they meet with a large truck due to the substantial weight difference. The smaller vehicle suffers the full force of the impact and results in the occupants suffering serious injuries that can have long term effects or, in some cases, death. Elko truck accident lawyer Denise Bradshaw helps crash victims obtain compensation for lost wages, medical expenses, and pain and suffering.
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Representing Victims Through the Truck Accident Recovery Process
Truck accidents often result in severe or catastrophic injuries, and sometimes fatality. The medical bills, lost income, and other financial burdens they leave behind can wreak havoc on a family’s life for years to come, especially when these losses are combined with victims’ pain and suffering. If you suffered severe injuries, or you’re dealing with the sudden loss of a loved one because of a commercial truck accident, our law firm can help. Our truck accident attorneys only represent injured victims, and your recovery is our priority.
Causes of Truck Accidents in Elko, Nevada
The Federal Motor Carrier Safety Administration (FMCSA) reported a total of 761 large trucks and buses were involved in collisions in 2022. There are many causes of truck accidents, some of which are the result of driver negligence or recklessness. A truck accident attorney at Bradshaw Law will work with accident reconstruction experts to determine the cause of your truck accident, and identify the parties that can be held liable.
Some of the most common causes of Elko truck accidents include:
It’s important to pay attention while driving, especially when operating a large commercial vehicle. The law prohibits talking or texting on cell phones while driving, but cell phones aren’t the only possible distraction out there. Drivers can be distracted by almost anything. Adjusting GPS or radio, reaching for something, eating and drinking, and interacting with other passengers are just a few distractions one may encounter on the road.
When distractions take truckers’ eyes off the road, hands off the wheel, or attention off the task of driving, they may not react at all or short themselves the time needed to safely react to changes in the traffic conditions or to avoid hazards.
Although there are strict rules regarding how long a trucker can be on the road, some truck drivers and employers ignore these rules and push themselves for longer than they should to get their cargo delivered faster. Fatigue doesn’t just come from lack of sleep, however. It can also come from illness, hunger, and strenuous activity. Working while fatigued can be dangerous, but especially when work involves driving.
Drowsiness can cause impairments similar to those resulting from drinking and driving, which may increase truckers’ risk of causing commercial truck accidents.
Often pressured to meet tight deadlines, commercial truck drivers may ignore speed limits to get where they’re going in a timely manner. This is dangerous, especially in a large truck. Driving at excessive speeds for the road or load may cause the large truck to jackknife, flip over, or even rear end someone.
At excessive speeds, the consequences of a semi-truck accident are often more serious. The added force often causes the other drivers and passengers involved in such cases to suffer severe injuries or death. Truck operators may not have the time or space required to avoid crashing when traveling too fast.
Like other drivers, truck drivers are prohibited from driving under the influence of controlled and prohibited substances. In fact, the FMCSA imposes a strict 0.04% BAC limit on commercial truck drivers. This doesn’t always mean, however, that truckers obey the law. Driving under the influence of drugs or alcohol can cause impaired mental functions, impaired vision, and even impaired motor skills, which could cause a car accident.
The effects of alcohol can start taking effect after consuming even a small amount. As a driver’s blood alcohol concentration increases, so too does his or her risk of crashing.
Truck Equipment Failure
It’s important to maintain your vehicle, but especially if you depend on your vehicle for long distance travel, such as commercial truck drivers depending on their large truck for work. Failure to maintain the truck can lead to accidents when parts and equipment fail to perform properly.
In addition to mechanical failures resulting from inadequate vehicle maintenance, others may result from design or manufacturer defects. When braking, steering, or other failures occur, it may cause these large vehicles to respond unexpectedly, potentially affecting their control and maneuverability. As a result, they may lose control of their vehicles and crash, potentially causing serious injuries.
Guidelines for Nevada Truck Drivers
Commercial truck companies are known as common carriers. As such, they owe a higher duty of care to other people than the drivers of passenger cars.
Large commercial trucks must be in safe working condition. The trucking company has an obligation to inspect their trucks and make sure they are maintained to safety standards. If the truck parts are not maintained, truck accidents can occur and cause disastrous results.
Most drivers must follow the HOS Regulations if they drive commercial trucks. Truck drivers also have an obligation to take safety measures, obey the rules of the road, and be cautious to drivers.
The tools and protocols used to enforce the guidelines for truckers in Elko can also prove helpful in a personal injury lawsuit. For example, your truck accident attorney may use driving logs to show a truck driver was on the road for too long when he or she crashed with your vehicle.
Common Elko, Nevada, Truck Accident Injuries
Of the 761 large truck-involved crashes that occurred in 2022, 409 resulted in reportable injuries. Like with other traffic accidents, those involved in truck crashes may suffer no harm, or minor injuries. Due to the size difference between tractor-trailers and passengers cars, however, the injuries resulting from these types of collisions often range from severe to catastrophic or fatal. In some cases, severe injuries can require extensive care that leads to astronomical costs that can extend into the future.
Some of the most common truck accident injuries seen by our truck accident lawyers include the following:
Spinal Cord Injuries
Occurring due to sudden cuts or blows to the spine, spinal cord injuries refer to trauma involving the spinal cord, or bundle of cells and nerves that sends and receives messages between the brain and the rest of the body. Depending on their location and severity, injured victims may suffer partial or total loss of sensation and function due to these injuries. Spinal cord injuries often require emergent medical treatment, as well as ongoing care and assistance. Some may need extended time off work to recover, while others may never be able to return to their pre-injury duties.
Soft Tissue and Internal Injuries
Contact with the vehicle interior, objects inside the vehicle, or even other car occupants can result in soft tissue or internal injuries. These may include sprains and strains or whiplash, as well as abdominal bleeding or damage to internal organs.
Occurring when excessive force is placed on a bone, fractures are common injuries in truck accident cases. In addition to time in a cast or otherwise immobilized, a broken bone may force you to take time off work or alter your duties until your injury heals. Some broken bones also require surgery, physical therapy, or other treatment that add to your medical bills, and the overall impact of your injury.
Traumatic Brain Injuries
Traumatic brain injuries include those that temporarily affect the brain cells or that cause bruising, bleeding, torn tissues, or other physical damage. These types of injuries often occur due to violent jolts or blows to the head or body, as well as objects penetrating the brain tissue, such as shattered pieces of skull or bullets. Traumatic brain injuries may cause symptoms, such as headache, nausea, blurred vision, memory or concentration problems, convulsions or seizures, loss of coordination, or coma, and may have lifelong effects.
Why Hire an Elko Truck Accident Lawyer to Handle Your Case?
After crashing in Elko, you may wonder, “Do I need a lawyer?” Hiring an attorney is not required to resolve your case, but working with an experienced truck accident lawyer will help ensure you obtain the most favorable results. Having a commercial vehicle accident attorney on your side offers several benefits.
Understanding the Industry Regulations
In addition to following the traffic laws and signs, truck operators must adhere to strict industry regulations. Sometimes, violations of these regulations play a part in causing crashes. Understanding the laws and identifying violations can help prove the trucker, trucking company, or both were negligent. Our semi-truck accident law firm is familiar with, and stays up-to-date on these regulations.
Identifying Liable Parties
Determining who is at fault in a trucking accident case can be complicated. Unlike average car accidents, large truck accident lawsuits frequently involve multiple liable parties. Anyone from a negligent truck driver to the trucking company itself may be held liable for your truck accident. Fault is generally determined by who caused the action, and whether any other parties owed a duty of care to truck accident victims. Experienced Elko lawyers can help you determine who is responsible for paying for your losses.
Did You Suffer Injures in a Truck Accident?
Elko truck accident attorney Denise Bradshaw, understands the physical, emotional, and financial toll that such crashes take on victims and their families, and our personal injury lawyers want to help you recover. Denise founded Bradshaw Law LLC for one purpose – to help injured victims recover fair and full compensation if a negligent party causes them harm.
Insurance Companies Rarely Prioritize the Needs of Accident Victims
In many cases, commercial trucking companies may be held liable for their own negligence as well as for the negligence of their truck drivers. Although trucking companies are required to maintain insurance policies with substantial coverage for bodily injuries, the insurance company will often go to great lengths to reduce payouts in truck accident claims. Insurers often investigate truck accidents and identify weaknesses in personal injury claims right away. They will usually make settlement offers to victims before the extent of their losses is realized.
Let Our Law Firm Guide You Through the Truck Accident Claim Process
Elko truck accident lawyer Denise Bradshaw is familiar with the unscrupulous tactics of the insurance company. When you hire Bradshaw Law LLC to handle your truck accident case, Denise takes over negotiations with the truck company and their insurer on your behalf. Our law firm will work with accident reconstructionists, investigators, and medical experts if necessary. We will gather evidence, review accident reports, and interview witnesses to prove liability and damages in your case.
Compensation For Truck Accidents in Elko
In Elko, NV, compensation for truck accidents aims to cover the damages and losses suffered by the accident victims. Victims of truck accidents may be entitled to compensation for medical expenses, rehabilitation costs, lost wages, and property damage. Additionally, they may seek compensation for pain and suffering, emotional distress, and diminished quality of life resulting from the accident. Determining the appropriate compensation requires a thorough evaluation of the case, considering the extent of injuries, liability, and the impact on the victim’s life.
Common examples of economic and non-economic losses for which you may recover compensation include:
Lost Wages and Earning Potential
While recovering from your injuries, you may not be able to work. The wages you’re missing out on can add up quickly, and are included in a personal injury claim for damages. If you suffer permanent injury that prevents you from resuming your previous work duties, or from returning to work at all, a truck accident lawyer in Elko will tabulate this impact to include in your claim.
Depending on the severity of your injury, you may need medical attention and time to recover, or you may experience lifelong effects due to your injury. Therefore, much of your economic losses following a commercial vehicle crash are the costs of your associated medical expenses. A tractor-trailer collision lawyer will help tabulate your up-to-date losses, as well as help estimate any future costs you may incur.
Due to the severity of many trucking wrecks, disability is a common outcome for injured victims. If you suffer permanent effects from your injuries, you may need to make modifications to your home, as well as medical or personal care, or both. Additionally, you may not be able to return to any form of work, impacting your ability to earn and provide for yourself and your family. In seeking compensation, you will want to consider the past and current costs you’ve incurred due to your condition, and those you will likely face in the future.
The costs you incur after suffering injury in a crash with a truck can also include out-of-pocket expenses. Costs such as medications, adaptive aids, transportation, and others may seem minor, but they can add up quick. You should keep the receipts for such expenses to help provide viable proof of their existence, and to aid in calculating their total cost.
Some of the most profound effects of involvement in a trucking accident cannot be seen. Victims of such crashes may experience lasting emotional trauma. If you suffer anxiety, depression, extreme paranoia while sharing the road with trucks, or post-traumatic stress, it is generally considered a compensable injury. Therefore, you may include such effects, as well as your emotional pain and suffering, in your non-economic damages claim.
In a Crash With a Semi-Truck? Now What?
For those involved, particularly the drivers and passengers of smaller passenger cars, the effects of truck crashes can be substantial and long-lasting. On top of dealing with the physical and emotional impact of your injuries, you may also face mounting medical bills, lost wages, and other financial challenges that further complicate an already difficult time. Knowing what actions to take, and not to take, in the moments and days following a tractor-trailer wreck can make a difference in recovering your full damages.
What To Do After an Elko Trucking Accident
Check for Injuries
Your first step after colliding with a large commercial vehicle should be to check yourself and your passengers for injuries. If anyone needs immediate assistance, call 911. After checking yourself and your vehicle occupants for injuries, you may check on the others involved to see if they need emergency medical care.
Exchange Information and Gather Evidence
If you are able, you should exchange information with the truck operator, and any other involved drivers, at the accident scene. You will want to get names, phone numbers, insurance information, and the name of the trucking company. Having this information is essential when filing a truck accident claim with the insurance company, and can prove helpful if you must pursue legal action in order to recover the damages you are due.
Seek Recovery of Your Damages
You should not have to bear the financial strain that injuries caused by semi-truck crashes often cause. Elko truck accident attorney, Denise Bradshaw, will guide you through the process, helping you seek compensation for the damages you suffer as a result of the wreck and your resulting injuries.
Frequently Asked Questions
When you meet with a personal injury lawyer to discuss your Reno truck accident case, you should have questions prepared for us to address to help you get to know us and gain an understanding of your rights and options.
Do I Have to Take the Insurance Company’s Settlement Offer?
You do not have to take the settlement offered to you by the at-fault parties or their insurance carriers. The insurance company may pressure you to accept their settlement offer; possibly even leading you to believe that if you refuse, you will lose out on your opportunity to receive damages. Instead, however, you and your injury attorney may continue to negotiate for fair compensation, or you may choose to file a personal injury lawsuit to recover the damages you are due.
How Long Do You Have to File A Truck Accident Lawsuit in Elko?
In Nevada, the statute of limitations to take legal action in personal injury cases is two years. This also applies to claims for injuries caused by truck accidents. Therefore, it is important to contact a lawyer as soon as possible after your accident to file your truck accident claim before time runs out. If you miss the deadline to file your lawsuit, you could lose your right to recover compensation for your medical expenses, lost wages, and pain and suffering.
What Happens if I Share Responsibility for a Large Truck Crash in Nevada?
Sharing some level of responsibility for a truck wreck in Elko does not necessarily mean that you cannot recover compensation for your injury-associated losses. Nevada uses a modified comparative negligence system. As such, you can receive damages for your injuries, provided you are not 51% or more at fault for causing the crash.
If you share responsibility for a truck accident, however, the court will generally reduce your damage award by the percentage of fault you are assessed. For example, if the court determines you are 10% responsible, your award of $100,000 would be reduced to $90,000.