What to Do After a Truck Accident in Elko
After a truck accident, you should move your vehicle to a safe location, notify the police of the crash, take pictures of the scene, exchange contact details and insurance information with the truck driver, seek medical assistance, report the crash to your insurer, and consult a truck accident lawyer. The effects of truck accidents can be long-lasting. The steps you take after these accidents can make a huge impact on your health and ability to recover full compensation for your damages. Below, you’ll find more on what to do after a truck accident to help protect your well-being, finances, and legal rights as a victim in Elko.
Call Bradshaw Law at 775-738-7444 to discuss your truck accident case and get answers to all your questions from a knowledgeable Elko truck accident lawyer.
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How Common Are Truck Accidents in Nevada?
According to crash statistics compiled by the Federal Motor Carrier Safety Administration (FMCSA), there were 725 crashes involving large trucks in Nevada in 2023, resulting in 41 fatalities and 399 injuries. In 2022, there were 716 accidents involving large trucks in the state, resulting in 44 deaths and 397 injuries. In those two years, there has been an average of about 60 crashes involving large trucks every month.
Nevada truck accidents can be dangerous and cause severe injuries and damage. But just how bad are truck accidents? The discrepancy in size and weight between trucks and other cars amplifies the damage and destruction to the other vehicles involved. Statistics also show that in collisions involving large trucks and other types of vehicles, it’s the occupants of the smaller vehicles who are more likely to suffer severe injuries.
For example, according to the National Highway Traffic Safety Administration’s 2022 report, about 76% of the people killed in fatal accidents involving trucks in Nevada were occupants of other vehicles or non-occupants, such as pedestrians and bicyclists. According to a report on Nevada Large Truck Travel by TRIP nonprofit organization, 13% of traffic fatalities occur in accidents involving large trucks, despite the trucks only making up 5% of all registered vehicles. This shows that trucks cause more than twice as many fatalities as they ought to, according to their share of registered vehicles.
Nevada’s Trucking Laws and Regulations
It’s critical for truck accident victims to have some understanding of trucking laws and regulations. Identifying non-compliance with these laws and regulations can help prove negligence and establish the liability of a truck driver and trucking company for the accident and damages. Federal and state governments heavily regulate the trucking industry, providing guidelines on a variety of activities, including licensing, hours of service, vehicle maintenance, and weight limits.
Truck drivers in Nevada must get a Commercial Driver’s License (CDL) and undergo periodic drug and alcohol testing. They must comply with the Hours of Service (HOS) rules, which limit the number of hours they can drive consecutively in a day and week and their rest schedules.
Mechanical issues are one of the common causes of truck accidents. Pre-trip inspections and a regular maintenance schedule are mandated to facilitate early detection of mechanical issues before they cause problems on the road.
Nevada limits how much cargo trucks can hold. For example, the maximum weight shouldn’t exceed 20,000 pounds on any single axle and 34,000 on any tandem axle. The gross maximum load limit is 129,000 pounds. Trucking companies must obtain a special permit from the Nevada Department of Transportation (NDOT) to exceed the State weight limits. Regulations also exist for proper loading and securement of cargo. Trucks transporting hazardous materials require special licenses and must follow proper securement and labeling protocols.
Besides not knowing what to do after a truck accident, you may struggle to identify the violation that a truck driver or trucking company may have committed at the time of the accident. Uncovering a violation may require obtaining information like hours of service logs, truck maintenance logs, and load contents. This typically requires legal assistance. An experienced truck accident lawyer will have an in-depth knowledge of trucking laws and regulations and can help you investigate and prove violations of federal and state safety regulations.
Steps to Take After a Truck Accident in Elko
All types of trucking accidents can cause severe injuries and property damage. Confusion and disorientation can make you not know what to do after a truck accident in Elko. If you’re severely injured and can’t move, you should focus solely on getting emergency medical assistance. If you’re not too injured to move, there are several steps you should take.
Move to Safety
If your car is blocking traffic, move it safely to the side of the road to prevent further accidents and injuries. Check yourself and other passengers in your car for injuries. If someone is severely injured, don’t try to move him or her, as you may worsen the injuries.
Call 911
If anyone is injured, call 911 to bring emergency medical teams and the police to the crash scene. The police will help redirect traffic flow, document the scene, collect statements from witnesses, and create a crash report, which will be helpful later when you file a truck accident claim.
Gather Evidence at the Scene
Evidence collected at the scene is useful in supporting your case and can boost your chances of obtaining a favorable outcome. If it’s safe, and you’re physically able, gather as much information as you can at the scene.
Photos and videos can provide an accurate representation of how an accident transpired. Take photos and videos of the scene, including:
- Final positions of the vehicles involved
- Damage to the vehicles
- Skid marks
- Traffic signs
- Road and weather conditions
- Any visible injuries sustained
Photograph or note down information regarding the truck and any other vehicles involved, such as license plate numbers, make, model, color, company name on the truck, and any other relevant identifying information. If there are any eyewitnesses, speak with them and collect their contact information. Their testimony could be of great value later during settlement negotiations or court proceedings.
Exchange Information
Exchange information like contact details, insurance information, and employer details with the truck driver. Limit conversations about the crash with the driver. Don’t discuss fault or even apologize. Your statements can be twisted around to jeopardize your eligibility for compensation.
Get Medical Attention
Going to the hospital after a truck accident for a thorough medical evaluation is important, even if you were checked at the scene or can’t notice any injuries. Some injuries may not manifest symptoms immediately after an accident. Additionally, the medical records created from the trip to the hospital will help link your injuries to the truck accident and provide a strong basis for a personal injury claim.
Write Down Everything About the Accident
Your memory will fade over time, making you forget details about the accident. Write down as many details as you can remember about the accident while they’re still fresh in your head. Also, keep a journal to document your recovery process and the impact of your injuries on your daily life, including the psychological effects. The details and experiences in your journal can help you pursue maximum compensation for your medical bills and lost wages, as well as pain and suffering and other emotional losses resulting from the accident.
Notify Your Insurance Provider
Most insurance companies require you to notify them about an accident. Therefore, it’s recommended that you inform your insurance provider about your accident. Give the insurer the facts of your accident while avoiding admitting fault and giving detailed statements on things you haven’t been asked about. Don’t give a recorded statement or sign any document from insurance company representatives before consulting a truck accident lawyer.
Contact a Nevada Truck Accident Lawyer
It’s equally important to contact a lawyer as soon as possible after an accident in Elko, especially a truck accident. The nature of truck accidents, such as the involvement of multiple parties, more complex points of law, and the need for more extensive investigations, makes them more complicated than crashes involving passenger vehicles.
With an understanding of Nevada law, an Elko truck accident attorney will help you navigate the legal processes for claiming compensation more effectively. An attorney will investigate your truck accident further, collect compelling evidence, and present it in a way that gives you the best chance of winning your case. Your truck accident attorney will evaluate and document all the economic and non-economic damages you incurred to demand the rightful amount of compensation during settlement negotiations.
Nevada gives truck accident victims two years to file a personal injury claim, so you should contact a lawyer as soon as possible to get started with your case. Contact us at Bradshaw Law today to schedule your free consultation to discuss your injuries and legal options with an experienced truck accident lawyer. We’ll handle all the challenging aspects of your case and won’t charge you any attorney fees until we win your case.
