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Nevada does not have a specific statute regarding trucking accidents. Instead, the general personal injury laws that govern automobile collisions extend to trucking accidents as well. And since trucks are usually commercial vehicles, accident victims may be able to sue the company that owns the truck – which will have deeper pockets than the truck driver who caused the crash.
Depending on the circumstances of the case, truck collision victims (plaintiffs) may be able to sue one or more of the following five parties (defendants):
In cases where the truck was being driven by a commercial driver, the driver’s employer may be vicariously liable to the plaintiff. In these cases, the plaintiff would need to show that:
If the trucker was on duty at the time of the crash, odds are the trucker’s employer would be liable for the plaintiff’s injuries.
The most common claim in Nevada trucking accident cases is that the defendant was negligent. The key elements of this claim that the plaintiff would have to prove are:
A related claim that truck crash victims often bring is negligence per se. The elements are:
And if the crash may have been caused by the truck malfunctioning, the plaintiff can sue the manufacturer on product liability grounds. These elements are:
Note that if the victim died, his/her family or estate can bring a wrongful death lawsuit against the at-fault parties. The elements of a wrongful death claim include:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
In most states, employers are generally liable under the doctrine of negligent hiring when one of their employees causes harm to a third party (for example, a customer) and the employer knew or should have known of the employee’s risk to cause harm. Employers are also liable if an employee causes injury and the employer ...
To file an insurance claim following an accident in Nevada, first, call a personal injury attorney to discuss how best to word the claim. Then contact the insurer by phone or submit the claim online. For car accidents involving another driver, be prepared to provide that driver’s name, insurance company, policy number, and driver’s license ...
Capitation is a set fee paid by an insurance company to a physician for each person he treats, regardless of the exact services provided. In a non-capitated system, alternatively, an insurance company pays doctors based on the actual medical services provided. Capitation relates to a personal injury case because it is an issue that may arise ...
Many accident victims in Nevada wait months or more before getting a settlement from the at-fault party’s insurance company. In these situations, victims may consider taking out a “pre-settlement loan” to help cover their bills that are piling up in the meantime. In short, pre-settlement loans are cash advances against the victim’s future lawsuit settlement. ...