Las Vegas Commercial Vehicle Accident Lawyer

Nevada is a fault-based state. This generally means the party who caused the crash is responsible for the harm done. Commercial vehicle cases often have more than one defendant. Businesses, vehicle owners, and repair companies all share a role in keeping these vehicles safe.

Identifying parties at fault is important to your case.

Possible At-Fault Parties

Liability depends on driver actions, company policies, vehicle conditions, and other factors. More than one party might be at fault under Nevada’s modified comparative negligence rules.

Commercial Vehicle Drivers

If the driver was distracted, speeding, fatigued, or mishandled the large vehicle, it may have been their fault. All drivers owe a duty of care to others on the road, and breaching that duty makes them potentially liable. Not having a CDL may also show that the driver did not meet the standards for the job.

Employers and Commercial Vehicle Companies

If the driver was on the job at the time, the employer may also be liable. This is common for delivery, construction, and transport companies. Employers may also face claims if they failed to properly hire, train, or supervise their drivers.

External Drivers in Multi-Vehicle Crashes

In accidents involving heavy trucks, other drivers may be partly or completely at fault. Chain-reaction accidents and intersection accidents are more complex multi-vehicle accidents. Comparative fault rules may apply to each driver in Nevada.

Vehicle Manufacturers and Equipment Providers

An auto accident can also be caused by a failure of brakes, tires, steering, or any other vehicle component. In this event, a product liability suit could be brought against the vehicle component manufacturer. Failure of safety equipment also contributes to accidents and injuries.

Maintenance and Inspection Providers

This includes mechanics who service or repair commercial vehicles. These parties may be liable if poor repairs led to the crash, such as failing to fix brakes or tires. Federal law requires regular fleet inspections, and having skipped them may support a claim.

Government Agencies Responsible for Hazardous Road Conditions

A claim may also be filed against a government body. This can apply in cases of bad road design, missing signs, or unsafe work zones. These claims have special procedures and may involve different requirements under Nevada’s Tort Claims Act.

You may be able to recover compensation for your losses. Commercial vehicles often carry higher insurance limits than regular cars, which may increase your recovery.

Economic Damages

Economic damages are costs easily expressed as money, such as:

• Medical bills including emergency care, surgery, and rehabilitation.
• Future treatment and other medical care
• Wage loss and loss of earning capacity
• Actual losses and out-of-pocket expenses

Non-Economic Damages

These damages are harder to put a number on. They cover pain and suffering, mental anguish, loss of enjoyment of life, and lasting disability from the injury. If the accident has changed your daily life or your relationships, you may also qualify for loss of companionship.

Punitive Damages in Cases of Severe Negligence

In some rare cases, punitive damages may also apply. For example, they may apply if a driver was under the influence. They may also apply if a company keeps breaking safety rules. Falsified maintenance logs may also lead to punitive damages. The goal is to punish the wrongdoer and stop others from doing the same.

What you do afterward can affect your case with a commercial vehicle. Here are a few things to do after an accident:

1. Make sure you and others are safe. If you can do so without making injuries worse, get out of traffic into a safe place.
2. Call 911 to seek the immediate assistance of police and EMS.
3. Even if injuries seem minor, seek medical attention. Injuries such as internal bleeding or TBI may not manifest for hours or days.
4. Take photos and videos of all vehicles and damage. Record any company logo, USDOT number, skid marks, and the scene.
5. Get the driver’s name, Commercial Driver’s License (CDL), employer name, and insurance information.
6. Obtain witness statements and contact details.
7. Do not admit fault or give a recorded statement to the other side’s insurer.
8. Before accepting any settlement, consult a commercial vehicle accident lawyer in Las Vegas.

The large size and mass of most commercial vehicles makes crashes involving them more dangerous than those involving passenger vehicles. The average gross vehicle weight for a semi truck is 80,000 pounds, compared to only 4,000 pounds for a passenger vehicle. That weight gap makes serious or fatal injuries far more likely.

Common injuries include the following:

• Traumatic brain injury (TBI) and spinal cord injury
• Fractured bones and broken bones
• Damage to internal organs and bleeding
• Burns from fuel fires or chemical spills
• Crush injuries and amputations
• Long-term consequences include paralysis, disabilities, and wrongful death.

Getting prompt and continuous medical care is important for your health as well as for supporting your case.

Commercial vehicles are not just semi trucks. Many types are involved in Las Vegas crashes, and each type can present different hazards to other drivers.

Delivery vehicles and vans

Many delivery vehicles are commonly seen in the Las Vegas Valley. These include vehicles operated by Amazon, FedEx, UPS, and delivery restaurants. They stop frequently on residential and urban roadways.

Construction Vehicles and Work Trucks

Dump trucks, cement mixers, and utility trucks travel in and around the valley’s construction sites. This increases risk due to their larger size and blind spots.

Buses, Shuttles, and Transit Vehicles

Tour buses, airport shuttles, and RTC transit vehicles carry large numbers of passengers. When one of these vehicles is involved in a collision, many people may be hurt, and the case may become complex.

Utility and Service Vehicles

Cable, plumbing and electrical service vehicles frequently stop and park, often at the roadside, creating hazards for passing traffic.

Semi-Trucks and Large Freight Vehicles

Tractor-trailers and 18-wheelers, a subset of commercial vehicles, are among the most dangerous due to their size and long stopping distances.

The commercial vehicle cases involve far more than just the ordinary accident with another car.

Commercial insurance policies have higher limits for liability.

Federal law requires property-carrying trucks to maintain at least $750,000 in liability insurance. Those transporting passengers may be required to carry up to $5 million. Many larger trucking carriers also maintain excess/umbrella insurance that provides additional coverage. Identifying available layers of coverage is important to pursuing compensation, and Las Vegas commercial vehicle accident attorneys may identify available policies.

Employer Liability and Company Policies

The company’s own policies for hiring, training, and supervising employees can also be relevant. This is especially true if the company has cut corners. Examples include failing to conduct background checks or scheduling drivers to work longer than allowed.

Federal and State Safety Regulations

The Federal Motor Carrier Safety Administration (FMCSA) enforces safety regulations for commercial drivers and vehicles. These cover hours of service, pre- and post-trip vehicle inspections, vehicle maintenance records, and drug and alcohol test records. When the carrier or driver violates them, it may be used as evidence of negligence. Las Vegas commercial vehicle accident lawyers may rely on these documents when building a case.

Commercial vehicle crashes often involve factors seen in large truck crash data. This section looks at some data points from federal sources and discusses some common causes that appear in these accidents.

Speeding or Driving Too Fast for Conditions

Speed is a top factor in commercial vehicle crashes. FMCSA data shows speeding and traveling too fast for current conditions are often recorded in crashes.

Careless or Inattentive Driving

A loss of focus or control can lead to a crash. FMCSA data identifies careless driving and driving without due care as common factors.

Driver Distraction

Distraction is a known crash risk. FMCSA data shows distraction is recorded in fatal truck crashes, and research found many crashes involve inattention just before impact.

Driver Fatigue

Long hours can affect alertness. FMCSA research found 13% of commercial drivers in crashes were considered fatigued.

Unsafe Lane Changes

Improper lane use and unsafe lane change driving behavior can lead to serious crashes. FMCSA data shows unsafe lane usage appears in fatal commercial vehicle crashes.

Brake or Tire Failure

There are also crashes where equipment failure is involved. FMCSA research shows brake issues and tire or wheel failure are the most common examples.

If you’re considering filing a lawsuit after a commercial vehicle accident in Nevada, it’s helpful to understand the laws that may apply. Below are some of the most important ones.

Disclaimer: These law summaries are not exhaustive and are provided for general understanding only. They reflect Nevada law at the time of writing and may be subject to updates or changes. For legal advice or a full interpretation, consult an attorney. Always check with an attorney or the Nevada Legislature for the most current information.

Nevada’s Comparative Negligence Law

NRS 41.141 – Allows a person to recover damages if their negligence is not greater than the negligence of the parties they are seeking recovery from, with damages reduced based on their percentage of fault.

Example: Let’s say you suffered serious injuries in a commercial vehicle accident and later sue, but evidence shows you were 30% at fault for making an unsafe lane change, while the commercial driver was 70% at fault for speeding and failing to keep a proper lookout. If the total damages are $100,000, you may still recover compensation, but it would be reduced by 30%, resulting in a $70,000 recovery.

Nevada’s Statute of Limitations Law

NRS 11.190 – Requires certain civil actions to be filed within specific time limits, including a 2-year period for actions to recover damages for personal injury or wrongful death.

Other Related Nevada Laws

NRS 41.085 – Allows the heirs and personal representatives of a deceased person to bring an action for damages and recover specified categories of damages on behalf of themselves and the decedent’s estate.

NRS 484E.010 – Requires a driver involved in a crash resulting in bodily injury or death to immediately stop, remain at the scene, and stay until required duties are completed.

NRS 484E.030 – Requires a driver involved in a crash to provide identifying information, show their license upon request, render reasonable assistance to injured persons, and report the crash if no police officer is present.

NRS 484E.070 – Requires a driver involved in a crash meeting certain injury or damage thresholds to submit a written or electronic crash report to the Department within 10 days, unless an exception applies.

NRS 483.900 – Establishes that Nevada must implement standards for commercial driver licensing, including requiring a single license, setting qualification and testing standards, and providing for disqualification of certain drivers.

NRS 483.908 – Requires the Department to adopt regulations governing commercial driver licensing, including issuance, renewal, disqualification criteria, and penalties.

NRS 484B.600 – Prohibits driving at speeds that are unreasonable, unsafe, exceed posted limits, or exceed 80 miles per hour.

NRS 484D.440 – Prohibits placing or operating a vehicle with window tinting that alters color or reduces light transmission below specified limits, subject to certain exceptions.

Come see us, we are located at:
7785 W Sahara Ave Suite 100, Las Vegas, NV 89117