Enterprise, NV Truck Accident Lawyer
Sitting on the edges of Las Vegas, Enterprise, NV has countless trucks come through each day. This makes truck accidents more likely to occur on its busy streets.
When a trucker injures you, recovering compensation might be more challenging than it would after a typical car accident because other defendants are often involved. In many cases, trucking companies can also be sued when one of their drivers causes an accident. These companies can also be held directly accountable for violating certain regulations, like driving limits and training requirements, or negligently hiring a dangerous trucker. Other parties might also be liable for your damages, such as a cargo loader who negligently loaded the truck or a manufacturer of a defective truck or part.
Call Mitchell Rogers Injury Law today at (702) 702-2622 for a free case review with our truck accident attorneys.
Suing a Truck Driver for an Accident in Enterprise, NV
Truck drivers can be held liable for your damages if they violate a legal duty they owe to others on the road.
These violations can be simple mistakes, such as not checking blind spots or misjudging distance. Many more crashes are caused by traffic violations, such as failing to yield, speeding, and running red lights.
Truck drivers can also be sued when they violate strict Federal Motor Carrier Safety Administration (FMCSA) regulations. The most common violations involve the following rules:
- Hours of service (driving limit) regulations
- Tie-down and loading regulations
- Weight limit regulations
- Driver licensure and training regulations
- Inspection regulations
Our team can gather evidence, like the driver’s logbooks and “black box” data, to determine how the accident happened and prove the trucker was liable for it.
When to File a Lawsuit Against a Trucking Company in Enterprise, NV
Our truck accident attorneys can also help you sue the trucking company that employs the negligent truck driver. Most trucker drivers work for a trucking company, rather than working independently. If so, the trucking company could be vicariously or directly liable for the crash.
Vicarious Liability
Trucking companies are vicariously liable for their employees because they typically dictate where, when, and how a driver works.
To hold a trucking company vicariously liable, the trucker must have acted negligently while on duty and acting in the scope of their work when they caused the accident. This rule applies even if the trucking company itself did nothing negligent. They are still responsible for their employee’s work-related actions.
Direct Liability
A trucking company can also be held directly liable if its actions caused or contributed to the accident.
Trucking companies are responsible for inspecting and maintaining their fleet of trucks. They must also ensure that safe drivers are hired and trained properly, as well as pulling truckers with a careless driving history off the road. Further, trucking companies must follow numerous FMCSA regulations, like those mentioned above.
In such circumstances, a trucking company can be held accountable whether or not the trucker was careless.
Other Parties Who Commonly Cause Truck Accidents in Enterprise, NV
Sometimes, cargo loaders and truck manufacturers are liable for an accident. We will also assess the actions of any other drivers involved in your crash.
Cargo Loaders
Sometimes, truckers do not load the cargo. Instead, cargo loaders at the pick-up location have that duty and should be held liable for violating it.
Catastrophic accidents can happen when the cargo’s weight is not evenly distributed or when the proper locks and tie-downs are not used.
Still, truckers are ultimately responsible for ensuring the cargo is loaded correctly and under the weight limit. You will usually sue both parties in these situations since each can be held liable for their own carelessness.
Truck and Parts Manufacturers
Some accidents are caused by manufacturing defects with a truck or a specific part, rather than a trucker’s negligence. Perhaps the airbrake system was faulty, or the power steering failed at a crucial moment because of a design defect. If so, the manufacturer or designer can be held responsible.
However, a manufacturer’s negligence does not excuse a trucking company’s negligence. They are still responsible for inspecting trucks to discover potential defects and can also be sued in these instances.
Other Drivers
Truck accidents often involve other drivers besides you and the trucker who might be at fault.
For instance, another driver might have cut the truck off, causing it to crash into you. More often, the trucker and other driver both acted negligently to cause the accident.
Other drivers should be added to your claim since each party is responsible for its own share of fault. If only the trucker or other driver are sued, you will likely not recover full compensation.
Addressing Comparative Negligence in an Enterprise, NV Truck Accident Lawsuit
In most cases, the defendant will assert that you were negligent and the damages should be reduced by your share of fault or denied altogether. In Nevada, this defense is known as the “comparative negligence rule.” Fortunately, being partially at fault will not bar you from recovering compensation.
The courts use a modified version of this rule, which will only prevent recovery when your percentage of fault is greater than the defendant’s share. If your share of negligence is equal to or less than the defendant’s, you will recover damages reduced by that percentage.
For instance, perhaps the truck driver was found 60% at fault and you 40% to blame. The court will first determine your total damages absent your negligence, then subtract 40% from it to determine the final award. So, if your damages totaled $100,000, 40% of that would equal $40,000, leaving you with $60,000 in compensation.
You will also still recover damages if you and the defendant were found equally at fault, albeit reduced by 50%. If your share of negligence is any number over 50%, the court will not grant damages.
Call Our Enterprise, NV Truck Accident Lawyers Today for Help
For a free case review, contact Mitchell Rogers Injury Law’s truck accident lawyers at (702) 702-2622.