Driver and Company Liability for Commercial Truck Accidents in Las Vegas, NV

Liability, or legal responsibility, is one of the most essential elements of any Nevada truck accident claim. To recover compensation from someone, you must be able to prove that they were indeed negligent and should be financially accountable for your losses.

It’s not always easy to determine who should be held liable in a truck accident claim. But establishing who was at fault is the first step to pursuing fair compensation from those responsible.

The Nevada truck accident lawyers at THE702FIRM Injury Attorneys have the skills to prove who should be held liable in your case. Contact us today for a free consultation.

Who Is Liable: The Company or the Truck Driver?

Every truck accident is different, so it’s not always clear who should be held responsible. In some cases, multiple parties share liability. Accident victims and trucking industry representatives rarely see eye-to-eye when allocating blame for a crash. That makes it necessary to conduct an independent investigation so that the facts can speak for themselves.

In most truck accident cases, either the truck driver, the company that employed the driver, or both are primarily responsible. If the driver was speeding, distracted, or otherwise negligent, the trucker could be held responsible. The trucking company may have also been negligent in hiring or training the driver or in making sure the truck was properly maintained.

Our seasoned attorneys will conduct a thorough investigation to identify all liable parties in your crash.

When Is the Truck Driver Liable?

The majority of truck accidents are the result of truck driver negligence. Operating a large commercial truck requires skill, training, and concentration. Even a momentary lapse can have disastrous effects. Drivers must maintain constant vigilance and follow established safety regulations to avoid collisions.

Truck drivers may be liable for accidents caused by:

• Distracted driving – Drivers should know better than to text, talk on the phone, eat, drink, fumble with vehicle controls, or engage in personal grooming behind the wheel. Not only are some of these activities illegal, but distracted driving can also easily result in severe accidents.
• Impaired driving – Drivers who are drunk or high behind the wheel may lack the judgment, visual acuity, or reaction time to avoid collisions. Truck drivers who choose to drink or take drugs while on the road are nearly always held responsible for resulting crashes.
• Drowsy driving – If a driver intentionally gets behind the wheel without adequate rest or pushes past the point of exhaustion to increase productivity, the trucker could be liable for accidents caused by fatigue.
• Driving errors – Truck drivers are responsible for accidents caused by their driving errors. Common driving errors include failing to yield the right of way, failing to signal before turning, or misjudging speed and distance.
• Aggressive driving – Truck drivers who behave aggressively can be liable for resulting accidents. Common aggressive driving behaviors that lead to wrecks include speeding, tailgating, and weaving between lanes.

When Is the Trucking Company Liable?

Trucking company owners and managers may not be on the road with the drivers, but their actions can significantly impact their employee’s driving. Therefore, trucking companies may be liable for some truck accidents.

When trucking companies hire drivers, they must ensure their drivers have the qualifications, training, and safe driving history necessary to operate a large commercial truck responsibly. If a company fails to vet its drivers properly, the company could be responsible for accidents caused by their poorly trained or unqualified operators.

Trucking companies may also be liable for:

• Drowsy driving accidents, if they implicitly or explicitly encouraged their drivers to ignore federal hours-of-service restrictions
• Cargo loading accidents, if they don’t allow their drivers to decline hauling loads that seem unsafe
• Loss of control accidents, if they fail to properly inspect, maintain, or repair the trucks they provide

Can the Truck Company Be Liable for the Driver’s Actions?

Yes, a trucking company can be liable for a driver’s actions. Employers can be held responsible for the actions of their employees so long as the actions in question are work-related. To prove that a truck company is liable for the actions of its drivers, you must demonstrate the following:

• The truck driver was working for or under the supervision of the trucking company at the time of the accident.
• The trucking company had authority over the truck driver’s actions.
• The actions of the truck driver were within the scope of their job duties at the time of the accident.

What If the Driver Is an Independent Contractor?

Some truck drivers work as independent contractors. This means that no trucking company employs them directly. In most cases, this would mean that the trucking company is not liable for the independent contractor’s actions.

However, many workers classified as independent contractors are actually considered employees under Nevada law. That’s because employers benefit from misclassifying their workers.

It can be difficult to determine the nature of an employer-employee relationship in the trucking industry. So it’s best to seek professional advice from a qualified attorney who understands truck accidents and employment law, like THE702FIRM Injury Attorneys.

Getting Compensation for Commercial Truck Accident Injuries

With a successful truck accident injury claim, you could be entitled to money for your losses. This compensation can cover the costs of any medical care you require and many other expenses incurred due to the crash.

The following types of compensation are commonly available in commercial truck accident claims:

• Past, present, and future medical expenses related to treating your injuries
• Incidental, out-of-pocket costs incurred due to your injuries, such as the costs of travel to and from medical appointments
• Lost wages and earning capacity, if you had to miss time at work
• The subjective costs of your physical and emotional pain and suffering

How THE702FIRM Injury Attorneys Can Help with Your Commercial Truck Accident Case

If you were injured in a Nevada commercial truck accident, you deserve a dedicated and aggressive lawyer who can fight for your best interests. Contact THE702FIRM Injury Attorneys today to discuss the details of your claim in a free consultation.