Truck Accident Liability in Las Vegas, NV
Accidents involving commercial trucks result in some of the worst injuries. You’re in pain. You can’t work. And if you’re like most people, you’re worried about how you are going to pay your growing pile of medical bills.
People who are in hurt truck accidents in Las Vegas can seek compensation for their losses under Nevada personal injury law. The key is holding the right party(s) liable, or at fault, for their recklessness.
Determining fault in a truck accident is much more difficult than the average car crash. In most car accidents, another driver is to blame. Not so in a tractor trailer crash. Several parties may be liable for truck accident claim, not just the trucker.
Were you hurt in a Las Vegas truck accident? You need a proven lawyer with experience handing these complex injury claims. Put THE702FIRM Injury Attorneys to work for you.
At THE702FIRM, our Las Vegas truck accident lawyers will conduct an in-depth investigation of your truck accident to determine what happened and who should be held liable. We’ll leave no stone unturned so that every negligent party is held accountable for your losses. Although having multiple liable parties can make your truck accident case more complicated, it can also provide you with more sources of financial compensation for your medical expenses, lost income, pain and suffering, and other damages.
Call or contact us today to arrange a free consultation.
Nevada Truck Accident Laws
The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry in the United States. FMCSA provides rules and regulations that truck drivers are required to follow. If you have been seriously injured in a truck accident in Las Vegas, FMCSA regulations will likely play a major role in your claim.
FMCSA regulations govern a wide variety of areas, including:
- Driver qualifications
- Safety procedures
- Insurance coverage
- Repair, maintenance, and inspection
- Driving hours and rest breaks (hours of service)
- Drug and alcohol testing
- Background checks
In addition to federal rules, Nevada also has state trucking laws and ordinances. It’s important to work with an injury lawyer who understands how all of these laws interact when you’re filing a truck accident claim. Make sure to hire an attorney with a history of handling claims involving commercial motor vehicles, not just personal injury law.
Who Is Liable for a Truck Accident?
Liability for a truck accident can rest with numerous parties. People tend to believe fault lies with the truck driver, but the truth is that the negligent party could be a person or entity that you have never encountered before.
For example, if the crash was caused by an improperly loaded semi-truck, the cargo loading company might be responsible if the rig became unbalanced and rolled over. If a defective part led to your truck accident, the designer or manufacturer of the equipment could be held liable.
Potentially liable parties in Nevada truck accidents include but are not limited to:
- The truck driver
- The trucking company
- The truck owner
- The cargo loader
- The freight forwarding company
- The truck maintenance provider
- A parts manufacturer
- A third party
- Other drivers
Contact an experienced Las Vegas trucking accident lawyer as soon as possible if you’ve been injured in a wreck. Insurance adjusters for the trucking company will rush to the scene of the crash to begin their investigation. You’ll want a lawyer on the case immediately so that important evidence isn’t lost, altered, or erased.
Truck Driver vs. Trucking Company
Even if a truck driver causes an accident, it’s possible that he or she won’t be legally liable for the wreck. In many instances, the truck company can be held responsible for the accident if the driver was acting within the scope of his or her employment. If there is evidence of the trucking company’s fault in your crash, you could be awarded greater compensation than if you held only the individual driver liable.
There are other ways that a truck company can be held liable. Trucking companies have a duty to keep the public safe. They fulfill those responsibilities by properly maintaining their fleets, hiring qualified drivers, and ensuring that their workers comply with FMCSA regulations regarding electronic logging and driving shifts. If there is proof that they violated any of those responsibilities, they can be held accountable in an injury claim.
What If I am Partially at Fault for a Truck Accident?
Nevada is a fault state. That means that you could still obtain compensation even if you are partially at fault for the truck accident that injured you.
Nevada follows a modified comparative negligence law, which allows a plaintiff to recover a percentage of their damages as long as their share of fault is not greater than the defendant’s. For example, if your total damages for your accident were equal to $100,000, but you were found to be 20 percent at fault for your accident, then you would only be able to receive $80,000 in damages.
One of the main challenges of your truck accident claim will involve untangling who is at fault. Insurers for the trucking companies will push hard to shift blame for the crash onto you or anyone else who was involved. If they succeed, you could lose your right to compensation entirely. Don’t risk it. Get a truck accident lawyer from THE702FIRM on your side.
How to Prove Liability in Truck Accidents
Proving liability for any truck accident comes from a detailed investigation and rigorous collection of evidence to support your claim. Because you can expect vigorous challenges from the truck company’s high-powered corporate lawyers, you’ll need a legal team willing to go the extra mile to prove your case for compensation.
At THE702FIRM Injury Attorneys, we will:
- Investigate the accident
- Collect the evidence needed to prove your case for maximum compensation
- Interview all witnesses to the crash
- Review the at-fault truck driver’s credentials and employment history
- Secure black box data, cell phone records, and other electronic information to piece together how the accident happened
- Review maintenance and inspection records for the truck
- Determine if all state and federal laws, rules, and regulations were followed
- Other examples of evidence that can prove liability and your damages include:
- The truck company’s history of violations, safety records, and internal policies
- Co-worker statements to describe working conditions and if there were unreasonable demands from the employer
- Driver logbooks
- Vehicular damage
- Medical records
- Medical bills
- Your pay stubs and employment records
- Police reports
- Expert testimony from doctors, financial planners, and accident reconstruction specialists
The success of your truck accident claim will hinge upon the quality of the evidence presented to the insurance company. Without satisfactory evidence, the insurer may deny your claim or offer you a settlement offer that is far lower than you are owed.
Contact the Las Vegas Truck Accident Lawyers at THE702FIRM
At THE702FIRM Injury Attorneys, we’ve seen how a truck accident can devastate a victim’s finances, health, and happiness in the blink of an eye. Our Las Vegas truck accident lawyers are committed to restoring your sense of wellbeing again. Let us fight for the settlement you deserve.
There’s a two-year statute of limitations on truck accidents in Nevada, but don’t wait to call a lawyer until just before the deadline expires. Get immediate help by calling us today. Your first consultation is free.