Have you been involved in a truck accident in Nevada? If so, you may be wondering whether you can seek compensation for your medical bills, vehicle repairs, lost wages, and other losses. An experienced truck accident lawyer can investigate the crash and determine who should be held financially liable.

Our truck accident attorneys at Sam & Ash Injury Law are dedicated to fighting for maximum recovery for clients injured due to the negligence of others. We believe that our clients deserve What’s Right. When you choose our firm for help after a truck accident, you can expect personalized legal representation focused on your specific needs and goals.

Reach out to Sam & Ash Injury Law for a free initial case evaluation of your Nevada truck crash. We will review the details of the accident and help you understand your legal options for pursuing compensation. If we handle your truck accident case, we won’t charge any legal fee unless we win compensation for YOU.

truck accident liability

Which Parties May Be Held Liable for a Truck Accident?

Truck accidents are more complicated to resolve than car accidents because multiple parties are involved in the operation of commercial trucks. One or more of them and their insurance carriers may have financial liability after a crash. Those potentially liable include:

  • The truck driver – A truck driver who causes an accident through careless or reckless drivers can be held liable for injuries and property damage suffered by others in the crash. Contract truck drivers may have liability insurance policies separate from the truck and trailer.
  • A trucking company – A trucking company may have liability for a truck accident caused by the negligence of one of its employed drivers. The company may also have liability when its own negligence leads to an accident, such as negligent hiring or supervision of drivers or pressuring drivers to engage in unsafe behaviors such as violating hours-of-service limits.
  • The trailer owner – A trailer may be owned by a party other than the truck driver or trucking company. The trailer’s owner may bear liability for an accident caused by inadequate maintenance that leads to a mechanical failure.
  • A cargo loader – Cargo and freight companies may be liable for truck accidents caused by unsafe cargo loads, including failing to secure cargo properly to prevent it from shifting in transit or falling off a flatbed trailer.
  • Truck or auto part manufacturers – Truck and auto part manufacturers may be held liable for a truck accident caused by a mechanical failure due to a manufacturing defect in the vehicle or its parts.
  • Other parties – Other parties who may have liability for a truck accident include outside vendors involved in truck fleet operations, such as truck repair garages or drug screening companies. State and local governments and road construction contractors may also have liability for a truck accident caused by a negligently designed road or poor highway maintenance. Other motorists whose driving errors contributed to a truck accident also may be liable for your injuries.

Multiple parties may be at fault in a truck accident. That makes it essential to have the help of experienced personal injury attorneys who understand the complexities of commercial truck accidents. Our attorneys at Sam & Ash Injury Law know the types of evidence required to determine liability for a serious truck accident.

Truck Accident Liability Laws in Nevada

Nevada law can impose liability for a truck accident on various parties. While truck drivers cause many crashes, Nevada law can impose liability on a trucking company that employed the negligent driver. An employer also can be held liable for the negligence of its employees if:

  • The employee’s negligence occurred in the ordinary course of their work for the employer
  • The employee’s negligence resulted in injury or property damage and economic or personal loss for another party

Trucking companies often try to avoid liability for a truck accident by asserting defenses such as:

  • The truck driver was an independent contractor, not an employee of the trucking company
  • The truck driver was not acting within the scope of their job when the accident occurred
  • The truck driver caused the accident through their intentional acts, in violation of the employer’s business practices

Truck drivers and trucking companies can also be held liable for accidents that occur because the driver or company violated various state and federal trucking safety regulations, including:

  • Hours-of-service regulations – Drowsy driving is a serious problem in the trucking industry. To reduce the risk of accidents caused by fatigue, interstate truck drivers are limited in the hours they can spend behind the wheel without taking a rest break. However, tight delivery deadlines can lead drivers and trucking companies to disregard hours-of-service limits, putting drivers at more risk of driving while dangerously fatigued.
  • Driver qualifications – Truck drivers must hold a valid commercial driver’s license. Truck drivers operating across state lines must also be at least 21 years old and proficient in English. Drivers must also meet medical fitness requirements and pass pre-employment and random drug/alcohol screens. In Nevada, drivers must be at least 25 years old to drive a truck longer than 25 feet and hold a special permit to operate a truck weighing over 80,000 pounds.
  • Truck dimensional limits – Nevada law also imposes truck size and weight limits. Trucks cannot be more than 14 feet in height and 70 feet in length.
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Product Liability Claim if a Truck Was Defective

Some truck crashes occur due to a mechanical defect in the truck or defective parts used on the vehicle. Examples of defects that trucks can have include:

  • Brake failures, including brake pad failures or failures of the brake hydraulics
  • Tire failures, including tread separation and blowouts
  • Steering assembly issues
  • Transmission issues, including unintended acceleration or failure of parking gear/brake
  • Load straps
  • Trailer hitches and coupling systems

A truck defect or defective part that causes a truck accident may result in a product liability claim against the truck’s manufacturer or the manufacturer of the defective part. Nevada product liability law imposes liability upon manufacturers for injuries caused by defective products.

What if the Negligence of the Truck Driver caused the Accident?

Often, a truck accident occurs due to negligence or careless errors by a truck driver. Some of the most common truck driver-related causes of crashes include:

  • Speeding
  • Tailgating
  • Reckless driving
  • Drowsy or fatigued driving
  • Driving under the influence of alcohol or drugs
  • Distracted driving
  • Turning or changing lanes without signaling or checking mirrors
  • Backing up without checking mirrors or cameras
  • Inadequate cargo and vehicle inspections

A common truck crash scenario is a wide right-turn accident. These accidents often occur at intersections on narrow streets. The fault for the accident usually rests with the truck driver, especially if the driver fails to check the left lane before swinging wide to make the turn.

A truck driver can be held liable for an accident caused by the driver’s negligence. The trucking company may also be responsible if the company employs the truck driver. However, many trucking companies contract drivers rather than employ them, which can complicate the issue of liability. Still, a trucking company can be held liable for its negligence in failing to conduct a reasonable background check that would have revealed a truck driver’s checkered driving record. A trucking company also may try to misclassify a driver as a contractor to avoid liability issues.

Why You Should Hire a Truck Accident Lawyer

A truck accident lawyer can help you pursue financial compensation for your injuries and losses from a crash by:

  • Investigating the accident and securing all available evidence
  • Identifying who can be held liable for the crash and building a persuasive case on your behalf
  • Documenting your injuries and losses to pursue full compensation for your anticipated future medical expenses
  • Discussing your legal options so that you know what to expect at each stage of the case
  • Filing your insurance claims and demanding a just settlement for you
  • Taking your case to court if litigation becomes necessary to demand justice and financial compensation from the truck driver, trucking companies, or other liable parties

Don’t wait to contact an experienced lawyer if you have been injured in a truck crash that wasn’t your fault. You deserve What’s Right. Our truck accident attorneys at Sam & Ash Injury Law can help you demand it. Call our truck accident law firm today for a free, no-obligation consultation. We can review the details of your accident, answer your questions, and determine whether you have a right to seek compensation. If we handle your case, we won’t charge any legal fee unless we successfully obtain compensation for you. So call or text us TODAY at 702-820-1234 or click here to get the justice you deserve.

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