How Is Liability Determined in a Truck Accident?

November 20, 2023 Truck Accidents

When you or a loved one are involved in a truck accident, the aftermath can be overwhelming. The physical, emotional, and financial tolls are often substantial, and the desire for justice and compensation is natural. In these situations, understanding who is responsible for the accident is crucial.

Multiple parties are involved in the operation and maintenance of commercial trucks, which poses unique challenges in identifying liability. The process of determining the liable party is intricate, involving various factors—but a Las Vegas truck accident lawyer can guide you through the process.

Common Factors That Lead to Truck Crashes in Nevada

Nevada, with its bustling highways and heavy truck traffic, sees its fair share of truck accidents each year. These collisions can stem from a multitude of causes, such as:

• Driver fatigue, often a result of violating Hours of Service regulations
• Poor vehicle maintenance and lack of regular inspections
• Inadequate training and lack of proper credentials
• Reckless driving behaviors such as speeding or driving under the influence
• Inclement weather and environmental factors
• Failure to follow traffic laws, such as yielding the right of way

Potential Liable Parties in a Truck Accident

In Nevada, a fault state for vehicle accidents, the party that was primarily responsible for the collision bears financial liability. Depending on the circumstances leading up to the crash, several parties could be at fault for a truck accident. These include, but are not limited to, the following:

• The Driver: If the accident resulted from the driver’s negligence, such as driving under the influence or violating traffic laws, the driver could be held liable.
• The Trucking Company: Trucking companies can be liable if the accident was caused by factors such as inadequate driver training, unrealistic schedules that lead to driver fatigue, or failure to maintain vehicles.
• A Government Agency: In cases where poor road conditions or lack of proper signage played a role, a government agency responsible for road maintenance might be at fault for the collision.
• A Vehicle Manufacturer: Trucks have many moving parts and if a system or component malfunctions, disastrous results can occur. If a vehicle defect caused the accident, the manufacturer could be held accountable through a product liability lawsuit.
• A Cargo Loading Company: Incorrectly loaded or secured cargo can lead to accidents, causing a truck to tip over or items to fly out of the vehicle and hit surrounding cars. If this happens, liability is placed on the company responsible for loading the truck.

How a Truck Accident Attorney in Las Vegas Can Help You Identify the Liable Party

Determining liability in a truck accident involves a multifaceted approach, and an attorney plays a pivotal role in this process. Law firms have the resources to conduct in-depth investigations. Your lawyer can analyze crucial evidence such as accident scene photographs, surveillance footage, and witness statements. They can also enlist the help of accident reconstruction and industry experts to help shed light on how the accident occurred.

Additionally, the trucking industry is governed by a complex web of federal and state regulations. Your attorney can scrutinize the compliance of the trucking company and driver with these laws. This includes checking logbooks for Hours of Service violations, maintenance records, and the driver’s driving history and qualifications.

If you’re involved in a truck accident, consulting with a Las Vegas truck accident attorney is a vital step. Contact a lawyer as soon as possible after your accident and take your first steps toward justice.