Nevada truck accident laws – Whom can I sue?

Posted on January 17, 2022

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.

Since trucks are usually commercial vehicles, you may be able to sue the company that owns the truck – which will have deeper pockets than the truck driver who caused the crash.

Whom can I sue following a trucking accident?

Depending on the circumstances of the truck collision, you (plaintiff) may be able to sue one or more of the following six parties (defendants):

1. The truck driver, typically a commercial driver with a CDL from their home state;
2. The truck driver’s employer, which often owns the vehicle;
3. The truck’s manufacturer, if the crash may have been caused by a manufacturing defect or defective design;
4. The rig and tractor owners and the party renting the rig and tractor at the time of the accident (if applicable);
5. The mechanics who serviced the truck if they caused the vehicle to malfunction; and/or
6. The state or city government, if unmaintained roads caused the crash¹

In cases where the truck was being driven by a commercial driver, the driver’s employer may be vicariously liable to you. In these cases, you would need to show that:

1. The driver was employed by the defendant;
2. The driver was acting in the scope of their employment at the time the accident occurred; and
3. The truck driver’s actions proximately caused your injuries.²

If the trucker was on duty at the time of the crash, odds are the trucker’s employer would be liable for your injuries.

What claims can I bring?

The most common grounds in Nevada trucking accident cases are:

• negligence³
• negligence per se⁴
• negligent hiring
• product liability⁵
• wrongful death⁶

Some accidents involve the drivers of 18-wheeler big rigs falling asleep at the wheel (“driver fatigue“) because they defied the U.S. Department of Transportation (DOT) regulations limiting the hours they can drive without rest.

Other accidents result from overloaded trucks. Trucks that are too heavy cannot brake as fast and strain the tires and engine.

In some cases, the truck owners failed to inspect and maintain the truck. Neglected brake lines can lead to brake pad- and hydraulic failure, which in turn can cause “runaway trucks”. Even though inclined roads may have gravel ramps meant to slow trucks, runaway trucks can still collide into

• moving cars,
• parked cars,
• buildings,
• cyclists, and
• pedestrians.

What money can I win?

Injuries in trucking accidents can be devastating. In addition to lacerations and broken bones, you may have burns from the gasoline tank igniting or any liquid hazardous materials (HMs) the trucker may have been transporting.

Trucking accidents are often fatal when there is a head-on collision, a rear-end collision, or when the truck suddenly jack-knifes, which typically results in oncoming traffic colliding with the trailer. It is not uncommon for victims to be decapitated. Survivors often endure catastrophic brain and spinal injuries.

What if more than two vehicles were involved in the truck crash?

If you were injured in an accident that involved a truck plus another vehicle(s), you do not have to sue all the at-fault parties.

Under Nevada’s joint and several liability laws, you can sue only the trucking company for the entirety of your damages.⁸ It does not matter if the trucker was less at fault than the other involved drivers.

Then once you are paid, the trucking company can sue the other at-fault drivers to try to get back some of the money they paid you.

Joint and several liability laws are very pro-victim because they allow you to sue one at-fault party with the deepest pockets for all of your damages. Then after you are paid, the party you sued can try to get reimbursed from the other at-fault drivers without having to involve you in their litigation.

How common are trucking accidents?

In 2020 alone, there were 29 fatal accidents involving large trucks in Nevada.⁹

Large trucks are a common sight on Nevada’s interstate highways, which link Nevada’s 16 counties to such trading metropolises as

• Salt Lake City
• Phoenix
• Tuscon
• San Francisco
• San Jose
• Los Angeles
• San Diego
• Long Beach
• Bakersfield

Nevada’s highways host every type of truck, including:

• Amazon trucks
• Mail carrier trucks (such as FedEx and UPS)
• Utility trucks (such as Nevada Energy and municipal water)
• Tow trucks
• Gravel trucks
• Flatbed trucks
• Grocery refrigerated trucks

Commercial truck drivers in Nevada must abide by the federal Department of Transportation and the Nevada Department of Transportation. For instance, the maximum truck weight on highways in the U.S. is 129,000 pounds.¹⁰

Sometimes, accidents involve one truck hitting another truck (usually when one of them is stopped). Even when the stopped trucker displays cones or flares in accordance with DOT regulations, collisions can still happen when truckers miscalculate the distance between the vehicles. Common carrier contracts include liability clauses that govern in these situations.

See our related article, typical settlements for truck accidents. If you’ve been injured in an accident, contact our Nevada trucking accident attorneys.

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