People injured in a commercial vehicle accident in Nevada may have grounds to sue the at-fault parties for negligence and/or strict products liability.
Trucking companies often have expansive liability insurance policies that can cover all the victim’s damages, including long-term medical care for bodily injuries and lost wages from being too injured to work.
In this article, our Las Vegas personal injury attorneys discuss:
- 1. What is a commercial vehicle?
- 2. Who can I sue?
- 3. Money Damages
- 4. Statute of Limitations
- 5. How can an attorney help?
- Additional Reading
1. What is a commercial vehicle?
Nevada Law
Nevada law defines commercial vehicle as, “every vehicle designed, maintained or used primarily for the transportation of property in furtherance of commercial enterprise.”1
Common examples of commercial vehicles include:
- delivery trucks,
- construction vehicles,
- tractor trailers,
- buses,
- semis,
- 18 wheelers,
- security vehicles, and
- church vans.1
Federal Law
Federal law defines a “commercial motor vehicle” as any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:
- Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
- Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
- Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
- Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.2
Commercial truck drivers must pass a certification test, have a commercial driver’s license, and refrain from using alcohol and/or drugs (even many prescription ones) while on the road. Also, they are limited to a maximum number of hours of driving with regular, designated rest breaks.2
A common cause of commercial truck accidents is a truck driver with driver fatigue getting into a rear-end accident.
2. Who can I sue?
Depending on the case, victims of commercial vehicle accidents in Nevada can sue:
- The commercial driver;
- The company or government entity that owns the vehicle;
- The manufacturer of the vehicle (if it was defective); and/or
- The owner of the premises, if faulty roads or conditions came into play.
Under federal law, all drivers of commercial vehicles are considered employees of the trucking company – even if the trucking company designates them as independent contractors. Therefore, any accidents the truck driver causes should be covered by the trucking company’s insurance policy.
Note that crash victims who were partly to blame for their injuries – such as by not wearing a seat belt – can still sue for negligence and win. As long as negligence victims were no more than 50% at fault, Nevada courts can still award them damages. Learn more about Nevada’s modified comparative negligence laws.3
3. Money Damages
Victims injured in a commercial vehicle accident can sue for a range of damages such as:
- medical expenses, which can be extensive following a commercial vehicle crash;
- lost wages while the victim is too injured to work;
- diminished earning capacity if the victim can no longer work due to injury;
- property damage to the victim’s car;
- pain and suffering (considered “non-economic damages” since they cannot be easily calculated); and
- wrongful death damages, if the victim died.
It can be tempting to jump at an insurance company’s first offer, especially if it seems like fair compensation. Though it often pays to keep fighting for additional money for medical bills, especially if your injuries turn out to be more extensive than they initially seemed.4
4. Statute of Limitations
The time limit to sue in Nevada personal injury cases is usually two years after the accident.5
Commercial car accidents can cause severe injuries. Many victims die at the accident scene.
5. How can an attorney help?
Experienced Las Vegas truck accident lawyers know all the games trucking companies play – such as trying to dodge liability by “renting out” their trucks or hiring drivers as independent contractors.
Therefore, retaining a lawyer who understands the system can make the difference between getting maximum compensation or getting the brush-off.
Hiring a lawyer to prosecute a truck accident case is also risk-free: No respectable PI law firm accepts payment unless the case is won.
Additional Resources
For more information, refer to the following:
- Nevada Department of Motor Vehicles – Making Accident Reports – How to report crashes to the DMV.
- Federal Motor Carrier Safety Administration – Agency tasked to prevent commercial motor vehicle-related fatalities and injuries.
- Nevada Department of Transportation – Commercial Vehicles – Everything you need to know about driving commercial vehicles in the state.
- Clark County Nevada – Commercial Vehicles – Overview of county rules for driving commercial vehicles.
- Obesity is associated with the future risk of heavy truck crashes among newly recruited commercial drivers – Article by Accident Analysis & Prevention.
Legal References
- NRS 484A.055.
- 49 C.F.R. 390.5.
- Same. NRS 41.141.
- NRS 42.005. Smith’s Food & Drug Centers, Inc. v. Bellegarde, (1998) 114 Nev. 602, 958 P.2d 1208.
- NRS 11.190. Milton v. Nev. Dep’t of Prisons, (2003) 119 Nev. 163, 68 P.3d 895.