When you need legal assistance with your Elko truck accident claim, look no further than Kidwell Gallagher Injury Lawyers. We have achieved successful results for past clients injuries, including:
Our legal team is dedicated to getting fair results for every client we represent, and we never back down from insurance companies. When you work with our firm, you can expect the highest quality of representation, personalized and effective service, and stress-free handling of your truck accident injury claim.
Semi-trucks are prevalent on Nevada roads, and for Elko residents, it is only a matter of when they will be in a truck accident, not if. Thousands die yearly in truck accidents nationwide, and victims need an Elko truck accident lawyer to fight for their rights. Semi-trucks and other delivery trucks are not going anywhere, and more are entering the road daily. Consumers want products quickly, which pushes companies to hire inexperienced truckers and push them to the limit.
There is no excuse for causing an injury in a truck accident, as trucking companies and their drivers must adhere to all regulations and take reasonable actions to keep others safe. After a truck accident, speak to our seasoned lawyers of Kidwell & Galagher | Personal Injury Lawyer Elko NV about your options.
Yearly, semi-trucks travel 175 billion miles, and there are 5.6 million registered trucks in the United States. Semi-trucks deliver most consumer goods. Online shopping is on the rise, increasing the demand for trucks on the road and shorter delivery times. These and other factors contributed to the increase in truck accidents in Elko and across Nevada. Agencies like the Department of Transportation estimate that the need for semi-trucks will increase by 49% by 2045, resulting in 27 billion tons of freight volume annually. Trucks will continue to be unavoidable.
The size difference between a semi-truck and a passenger vehicle is palpable. Motorists drive next to semi-trucks, hold on to their steering wheels a little tighter, and try to avoid them. Unfortunately, you cannot avoid semi-trucks, and there are some key reasons these accidents occur. Driver error is the primary reason truck accidents happen in Elko, mainly fatigue, maintenance issues, inexperience, and speeding.
One of the leading factors in truck accidents is driver fatigue because truckers are on the road for long periods. Federal regulations say that truck drivers can only be on the road for a max of 11 hours during 24 hours. Truck drivers rarely take the necessary rest breaks, and when they do, they do not get the sleep truckers need to get back on the road. When drivers pull over, they are at rest stops and will often grab a quick bite and get some sleep in their trucks. It is not adequate rest for them, as they will return on the road for another 11 hours.
Like passenger vehicles, trucks must undergo regular maintenance, and the FMCSA also requires inspections and repairs to ensure the safety of these vehicles on the road. A study by the Commercial Vehicle Safety Alliance found that 14 percent of the trucks they inspected during a random brake test did not pass and were unfit to drive. Brake failure is a leading cause of truck accidents, with faulty tires not far behind.
Going too fast for conditions or above the speed limit are common causes of accidents across the board. Excessive speed is worse in truck accidents. Since these vehicles are more significant, it is more dangerous when a truck speeds than when a passenger vehicle speeds. When semi-trucks travel too fast for conditions, it is challenging for them to stop to react to a hazard. The load inside the truck can also shift, making the driver lose control. Truckers must adhere to posted speed limits and consider the weather and the road when transporting goods.
Since there is an increase in the need for truck drivers, many companies are hiring more drivers with little to no experience. These hiring efforts have led to companies improperly training their drivers and sending them on routes they cannot handle. New drivers are prone to participating in illegal maneuvers and not paying attention to the road. Inexperience also means the drivers are unfamiliar with the roadway, which can cause them to veer off the road or smack into other vehicles.
Securing cargo is vital to the weight considerations of a truck. Before the driver leaves their first location, a company will load and secure the shipment to ensure it does not slip and slide. Unfortunately, due to high demand, many companies will place additional weight on the truck, which results in the vehicle tilting and losing balance. Securing cargo is the responsibility of several parties, including the driver, trucking company, and cargo loaders.
After a truck accident, many Elko truck accident victims assume they will be compensated fairly and that it will be a straightforward process. However, victims must work with an Elko truck accident attorney to determine the cause of the accident, identify the at-fault party and begin a compensation claim. Victims assume the trucker is at-fault and they are the ones that will compensate them, but that is hardly the reality. Several parties can be liable for a truck accident, including the driver, trucking company, cargo company, and insurers.
An insurance company will pay for a victim’s losses, but which insurance company pays is the biggest area of contention. The truck driver has insurance, the victims have insurance, and the trucking company also has insurance. A truck accident lawyer in Elko must review the liability issues and determine which insurance policy to file a claim with by looking at policy outlines and limits.
The trucking company is responsible for its employee’s actions. Therefore, when an accident occurs, they must compensate the victims. The trucking company can also contribute to the accident when they force inexperienced drivers on the road, neglect maintenance, and overload trucks.
In specific circumstances, the truck driver must compensate victims out of pocket. While rare, it is a possibility victims must be aware of. It is a last resort for these cases, and a truck accident attorney in Elko will exhaust other options.
Several teams will work on and around semi-trucks, which means one error can lead to an accident. A maintenance company that performs repairs and deems the truck road ready when there is a defective part or other issues can be liable and compensate victims. Parts suppliers and manufacturers are also prone to contributing to truck accidents. Cargo loaders are responsible for ensuring the items are securely put on the truck, so it does not lose balance and tip over.
Truck accident victims will have varying injuries and medical needs, so no two cases are identical. Compensation recovery aims to make the victim financially whole after an accident. While many victims do not return to their previous physical state, they will have the financial foundation to cover ongoing medical attention and out-of-pocket expenses.
The basis of an injury claim will rely on the victim’s injuries and medical expenses. The payment must include past, present, and future costs from injections and physical therapy to surgeries and in-home care. Some victims suffer broken bones, scars, spinal trauma, and more. While some conditions can heal with treatment for a few weeks or months, others require a lifetime of care.
During treatment, victims cannot work, and these lost wages must be tabulated and included in a compensation claim. Additionally, some injuries are permanent and result in victims losing their ability to work. A truck accident lawyer in Elko must tabulate how the injury impacts the ability to work and future earning potential.
When a victim has a permanent disability, they require ongoing care and home modifications and will lose their jobs. Household chores like cleaning and cooking become nearly impossible. Transportation services are also necessary adjustments. While disability benefits are available, they are challenging to obtain and often do not cover all essential expenses. When you suffer a permanent disability, you must consider all future costs.
Miscellaneous expenses such as medications, transportation, and more will arise after a truck accident. These expenses are only possible to tabulate with viable proof they exist. Keep every receipt after an accident to include them in the compensation claim. Many victims believe these expenses are too small to include, but they are not.
Truck accidents cause mayhem and confusion for everyone around, and an overlooked result is property damage. Your vehicle is likely a total loss or has substantial damage. You will need to get repairs to use the vehicle again. Some victims will need brand-new vehicles. The truck driver was responsible and must pay for the property damage costs.
A victim’s mental state will forever change after an accident, and it is vital to consider these factors during a claim. Many victims will have extreme paranoia about driving or driving near trucks, anxiety, depression, and post-traumatic stress. This trauma is the result of the accident and must be considered an injury worthy of compensation.
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After a truck accident, seek medical attention and speak with an Elko truck accident attorney. A lawyer is necessary to fight for your rights and prevent the trucking company from taking advantage of victims. The insurer and truck company will shift blame and aim for lower settlements even when they know they are wrong. Contact Kidwell & Gallagher Injury Lawyers if you were in an Elko truck accident.
With over 45 years of combined personal injury law experience representing clients nationwide, our team is dedicated to helping our clients and our community. We also have two bilingual staff members to accommodate your needs!
When you schedule your free consultation with a personal injury lawyer in Reno, Nevada, you should come prepared with specific questions for us to address.
Every case comes with its own set of circumstances. However, most of the truck accidents that occur in Reno have similar causes, such as:
As you can see, there are many reasons why truck accidents occur in Reno. These large vehicles bring great danger to anyone on the road, so it is highly recommended that other drivers pay attention, look out for semi-trucks, be patient, and let them pass with no issues. When you or a loved one has been injured in an accident with a truck, you deserve to have your rights protected.
Call the experienced and trusted Reno truck accident attorneys at Kidwell & Gallagher to build a case for compensation. You should not have to pay for medical bills and other expenses stemming from the crash out of your own pocket when the at-fault party can be held accountable.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Managing Partner, Craig W. Kidwell who has more than 20 years of legal experience as a personal injury attorney.