Driver and Company Liability for Commercial Truck Accidents in Las Vegas, NV
In Las Vegas, the freeways and streets are constantly congested with a steady flow of traffic, as large commercial trucks share the road with passenger vehicles. When an accident involving a large truck happens, the results are often catastrophic. Unlike a typical automobile accident, a truck collision or truck crash can cause devastating harm, leading to serious injuries and, in the worst cases, wrongful death. The legal process that follows can be complicated, as it involves not just the truck driver but often the powerful trucking company and its insurance company.
At THE702FIRM Injury Attorneys, we understand the complexities of these cases. Our mission is to help truck accident victims navigate the difficult legal journey ahead. We have a proven track record of securing substantial financial compensation for our clients, including a notable truck accident case settlement of $1.9 million. This result shows our commitment to fighting for the rights of those harmed by the negligence of others. We will guide you to understand the core issues of driver and company liability for commercial truck accidents in Las Vegas, NV.
Liability in a Las Vegas Truck Accident
When a truck accident happens in Las Vegas, it is rarely a simple matter of one party being at fault. Unlike a typical car crash, where the focus is on the driver, a Las Vegas truck accident often involves multiple parties. The challenges of these truck accident cases are what separate them from other personal injury claims.
At THE702FIRM Injury Attorneys, we begin every case with a thorough investigation to identify all the liable parties. While the truck driver may have caused the initial collision, the legal responsibility often extends to their employer, the trucking company. This is due to a legal principle known as “respondeat superior,” which holds an employer responsible for the actions of their employee when they are on the job.
The trucking company may also be held liable for its own negligence, such as poor hiring practices, failing to properly train drivers properly, or pressuring drivers to violate federal hours-of-service regulations. The sheer size and power of the trucking industry mean they have vast resources to fight a legal claim, making a strong law firm on your side essential. A skilled truck accident lawyer will understand the nuances of this type of litigation and work to build a case that holds all responsible parties accountable.
Truck Accident Claims: Why Multiple Parties Can Be Held Liable
One of the most significant differences between a car accident and a truck crash is the number of potential defendants. When a large commercial truck is involved, liability can extend far beyond the driver and their employer. This is because the operation of a commercial vehicle is a team effort, and any member of that team can make a mistake that leads to a crash.
Here are some of the other multiple parties who may be held responsible in a commercial truck accident:
1. The Trucking Company
As the truck driver’s employer, the trucking company is often a primary defendant. Their liability can stem from many different issues. They might be liable if they did not properly vet the driver, failed to maintain the vehicle, or encouraged unsafe behavior to meet deadlines. For example, if a company pressures a driver to work more hours than federal law allows, leading to drowsy driving and an accident, the company can be held liable for its role in the crash. Even if the driver is an independent contractor, the trucking industry itself has specific regulations that can lead to company liability.
2. The Truck or Parts Manufacturer
If a mechanical failure caused the accident, the company that designed or built the truck or one of its parts could be at fault. A faulty brake system, a tire that blows out due to a manufacturing defect, or a steering component that fails can all lead to a serious accident. In these cases, your attorney might file a product liability claim against the manufacturer to recover compensation.
3. The Cargo Loader
Improperly loaded cargo can shift during transit, causing the truck to lose control. This can lead to rollover accidents, jackknifing, or a loss of control that affects oncoming traffic. The party responsible for securing the cargo can be sued for negligence.
4. The Maintenance Company
Many trucking companies hire outside firms to handle vehicle maintenance. If a faulty repair caused the accident, the maintenance company can also be added as a defendant in the legal claim.
Common Causes of Commercial Truck Accidents and How They Affect Liability
To determine who is at fault for an accident, your legal team must first understand what caused the crash. Many factors can contribute to a truck collision, and each can point to a different liable party. Here are some of the most common causes of semi-truck accidents in Las Vegas and how they relate to liability.
Driver Fatigue
Driving a big rig for long hours is exhausting. That’s why the Federal Motor Carrier Safety Administration (FMCSA) has strict rules on how long a truck driver can be on the road. When drivers and companies ignore these rules, it can lead to driver fatigue and drowsy driving. A fatigued driver has a slower reaction time and impaired judgment, which can cause a truck crash. In this situation, both the driver and the trucking company can be held responsible. The driver’s failure to take adequate rest, and the company’s failure to enforce the rules or pressure the driver to drive past legal limits.
Distracted Driving
Just like in a car, a truck driver who is distracted by a phone, GPS device, or other things inside the cab can cause a catastrophic accident. A moment of inattention is all it takes for a large commercial truck to veer into oncoming traffic or to cause a rear-end collision. When this happens, a personal injury lawsuit can be filed against the driver for their negligence.
Improper Cargo Loading
It is the responsibility of the cargo loader or dispatcher to ensure that a truck’s cargo is correctly secured. If the cargo shifts, the truck’s center of gravity can change, making it difficult or impossible for the driver to control the vehicle. This can lead to a truck accident and even rollover accidents. In such cases, the company that loaded the cargo, not just the driver, can be held responsible.
Mechanical Failure
The law requires commercial vehicles to undergo regular maintenance and inspections to ensure their safe operation. If a part of the truck, such as a tire, brake, or engine component, fails due to poor maintenance, the trucking company can be found negligent. In some cases, a manufacturing defect could be the cause, and the manufacturer of the truck or its parts could be held liable.
Catastrophic Injuries and Wrongful Death Claims
Due to their massive size and weight, accidents involving large trucks often result in devastating consequences for the occupants of passenger vehicles. What would be a fender bender between two cars can become a life-changing event in a truck accident. The types of severe injuries that result from these collisions are often classified as catastrophic injuries, which can leave a victim with permanent disabilities. These serious injuries include:
- Traumatic Brain Injuries (TBI): A violent impact can cause the brain to hit the inside of the skull, leading to long-term cognitive, physical, and emotional problems.
- Spinal Cord Injuries: Damage to the spine can result in paralysis, loss of sensation, and a lifetime of ongoing medical care.
- Internal Injuries and Organ Damage: The force of a truck accident can cause internal bleeding and damage to vital organs.
- Multiple Fractures and Amputations: Severe crush injuries can require multiple surgeries or even lead to the amputation of a limb.
For truck accident victims, the financial burden of these injuries can be immense. Medical bills and future medical expenses can quickly add up to hundreds of thousands or even millions of dollars. Additionally, many victims are unable to return to work.
In the most tragic cases, an accident can result in a loved one’s death. In these situations, the family can file a wrongful death claim to seek compensation for their losses, including funeral costs, loss of financial support, and emotional pain. An attorney can help you understand your rights and the legal options for wrongful death claims under Nevada law.
Determining Liability: The Role of a Skilled Las Vegas Truck Accident Lawyer
The success of your legal claim depends on proving liability. An experienced Las Vegas truck accident lawyer knows how to investigate every detail of an accident that occurred and how to connect the accident to the negligence of the driver and the company.
This investigation often includes:
- Examining the Truck’s Black Box Data: Most large trucks are equipped with an event data recorder, commonly referred to as a “black box,” which records information such as speed, braking, and steering. This data can provide clear evidence of what the truck was doing in the moments before the crash.
- Reviewing Driver Logbooks: Truck drivers are required to keep detailed logs of their hours, rest periods, and deliveries. A close look at these logs can reveal if a driver was operating on insufficient rest or in violation of federal rules.
- Gathering Evidence: Your attorney will collect police reports, photos of the scene, witness statements, and expert analysis to build a complete picture of the accident.
- Investigating the Company: A lawyer will also investigate the trucking company’s safety record, hiring practices, and maintenance logs. They may also look into whether the company has a history of violating regulations or pressuring its drivers.
- Drug and Alcohol Testing: If there’s a reason to believe the driver was under the influence, a lawyer will make sure that drug and alcohol testing results are included in the investigation.
Truck Accident Lawsuit and Insurance Claims Process
After a serious truck crash, the days and weeks that follow can feel chaotic. You may be in the hospital, undergoing medical treatments, and trying to manage a mountain of paperwork. The insurance company for the trucking company will likely contact you quickly. They might offer a low insurance settlement to get you to sign away your right to pursue a full insurance claim. Do not accept any offer or sign any documents without speaking to a qualified personal injury attorney.
A lawyer will handle all communication with the insurance companies for you. They will gather evidence, interview witnesses, and hire experts to build a strong case. When all the evidence has been collected, your attorney will send a demand letter to the liable parties and their insurance companies. This letter will detail your injuries, damages, and the compensation you are seeking.
Most of the time, most truck accident settlements are reached outside of court. However, if the insurance company is not willing to offer fair compensation, your attorney may file a personal injury lawsuit and take the case to court. This is a critical step in a full-fledged truck accident lawsuit and can be necessary to get maximum compensation for your injuries and losses.
Call Our Truck Accident Attorneys for Legal Support
Recovering from a truck accident is a stressful and challenging process. The legal system for truck accident claims is complex, especially when considering driver and company liability for commercial truck accidents in Las Vegas, NV.
The path to justice requires a knowledgeable and dedicated legal partner. A personal injury law firm will not only handle the legal aspects of the case but will also provide a constant source of support and guidance.
At THE702FIRM Injury Attorneys, we will help you understand your legal options and make sure you receive a settlement that truly reflects your losses. For example, Sharon Skelly recently said this about her experience with our firm:
“I recently experienced a car accident at just 23 years old, and the entire ordeal was transformed by the exceptional care provided by “The 702 Firm.” From the very start, they handled my case with remarkable speed and efficiency, taking all the stress and uncertainty off my shoulders. I was worried about not receiving the compensation I rightly deserved, but they made it their mission to secure a payout that was fair and reflective of all that I had been through.”
That’s the kind of service you deserve. If you or a loved one has been a victim of such a truck accident, contact us today and learn how our legal representation can help you seek compensation and move forward with your life.