Handling auto crashes can be overwhelming. You have sustained injuries, and your property has been damaged. Collisions involving commercial vehicles are more overwhelming than standard auto accident lawsuits. They involve multiple defendants, complicating the claims process. Luckily, you can protect your rights after an accident involving a commercial automobile by bringing a claim against the liable party with the help of an injury attorney. You can sue the truck driver, the driver's employer, or the truck manufacturer for the damages. Below is how to file the lawsuit.

Commercial Vehicle Definition

Per Nevada's new statutes, a commercial vehicle refers to any automobile designed, maintained, and primarily used for transporting products in continuation of commercial initiatives. These vehicles include:

  • Tractor trailers.
  • Construction cars.
  • Semis.
  • Church vans.
  • 18 wheelers.
  • Buses.
  • Security cars.

According to Federal statutes, a commercial automobile is every self-propelled or towed car used on a freeway in interstate commerce to move passengers and goods when the automobile:

  • Has a gross automobile or combination weight rating of at least 4,536 kilograms, whichever is greater.
  • Is intended or utilized to move at least eight passengers, the driver included, for compensation.
  • It is designed or used to move over fifteen passengers, the driver included and does not transport passengers for compensation.
  • It is utilized to move materials deemed hazardous by the transportation secretary under 49 U.S.C. 5103 and moved in amounts requiring placarding under 49 CFR, Subtitle B, Chapter I, Subchapter C regulations.

To qualify as a commercial driver, one must pass a certification test, possess a valid commercial driver's license (CDL), and avoid alcohol or drug consumption while on the road. These drivers also have restrictions on the hours they should spend on the road, with set rest breaks.

Liable Parties

There is a common misconception that commercial drivers should be liable for accidents. However, this is untrue. Several other individuals or organizations can be responsible for the crash.

Nevada adopts a no-fault doctrine. Therefore, as the plaintiff or accident victim, you must prove the defendant is the party liable for the collision and subsequent injuries. You will receive compensation if you can demonstrate liability to the defendant.

If multiple parties are involved, you can sue them and obtain damages from each defendant.

Even if you contributed to the accident in some way, you will be entitled to compensation under the contributory negligence rule. Nevertheless, your damages will be less your percentage of fault. The parties you can sue for compensation are:

The Commercial Driver

Negligence by drivers is the leading cause of commercial motor vehicle accidents. A commercial driver will be liable for the accident if the following is true:

  • They were operating the commercial vehicle while tired.
  • They portrayed aggression and rage while behind the wheel.
  • They drove the vehicle recklessly and with disregard for the safety of all road users.
  • They tailgated other motorists.
  • They operated the car while drunk or drugged.
  • They were running the commercial auto while distracted.
  • They did not check blind spots.
  • They had a slow reaction to dangerous road conditions.

Even when you are sure the commercial driver was responsible for the crash, you will need solid evidence to convince the court. At this point, you bring in an experienced injury attorney or law firm to gather evidence and file a claim on your behalf.

Your legal representative will review the alleged defendant's record to determine if they have a history of causing road accidents. If the driver has a record of causing commercial auto accidents, holding them liable for your accident and injuries will be easy.

Alternatively, your injury attorney can hire a private investigator to investigate the accident independently. The investigator will find the commercial vehicle's black box to help corroborate the vehicle's condition before the collision. The discoveries from the investigation will help establish if the commercial driver was liable.

Immediately after the crash, reach out to an injury attorney so that they can send investigators to gather and preserve the evidence you will need for your claim.

Government Agency or company that owns the Commercial Vehicle

The commercial vehicle company is responsible for ensuring they recruit qualified drivers, properly train them, perform drug and alcohol screening, and give them sufficient brake tests. When a company or government agency fails to discharge this duty, they will be held accountable for an accident.

Under federal statutes, commercial drivers are employers of the vehicle owners, even if they are working on a contractual basis. The company's insurance policy will cover any accident stemming from the driver's negligence. Also, Nevada injury statutes make employers vicariously responsible for the actions of their employees' negligence.

Commercial Car Manufacturer

Some commercial vehicle crashes occur not because of the driver's or owner's negligence but due to faulty parts or mechanical failures. Under these circumstances, you should sue the vehicle manufacturer. Your legal representative will file a product liability claim for reasonable compensation.

Government Entity Responsible for Road Maintenance

Another significant cause of commercial auto accidents is poor or hazardous road conditions like broken pavement and soft shoulders. If you are convinced the commercial car accident was caused by negligence by a government entity charged with road construction and maintenance, you can sue them for compensation.

With government entities, you do not file a claim directly. Instead, you write to them, demanding compensation. If they fail to respond, you can inform them through a notice of your intentions to file a lawsuit.

The party you will sue for your injuries depends on many aspects:

  • The location where the crash happened.
  • Whether the commercial driver was on or off duty.
  • Whether the truck driver was doing personal errands or performing job duties.
  • Whether the auto was sufficiently inspected and maintained.
  • Whether the truck driver was adequately trained with skills and certification to operate the commercial vehicle.

You should understand that even if you partly contributed to the crash, you can seek compensation if the defendant is more than 50% liable for the collision. You will be eligible for damages, but they will be less your percentage of fault. The defendant will always try to blame the crash on you to reduce the amount they should pay as compensation. Therefore, you need a legal representative to counter their arguments and increase the chances of a fair reimbursement.

Filing a Commercial Vehicle Accident Claim

Once your injury attorney gathers evidence and identifies the liable parties, you will be ready to file your lawsuit. The filing process starts with the attorney sending a demand letter to all responsible parties. The opposing sides will try to negotiate a settlement to avoid a typically lengthy and expensive trial.

If the defendant is unwilling to settle, your injury attorney will have no other option but to file a lawsuit for an accident with a commercial automobile. Even after filing a suit against the defendant, negotiations can still proceed.

You, the plaintiff, filing a lawsuit creates fear on the side of the defendant's insurer, forcing them to offer a reasonable settlement or agree to your demands. As negotiations proceed, both sides' legal teams will collect evidence and prepare for the disposition.

The opposing sides present their evidence when the case proceeds to the trial hearing. The evidence your attorney will use to claim damages includes:

  • Medical reports and records.
  • Testimonies from people who witnessed the accident.
  • Testimony from expert witnesses like economists, accident reconstruction experts, and vocational rehabilitation experts.
  • Documentary proof like video, dashboard cameras, and surveillance footage.
  • Doctor and therapist testimony.
  • Pay stubs, tax returns, and employer testimony to demonstrate lost wages.
  • A formal accident report from the officers on site.

As the claimant, you have the burden of proof. Therefore, your attorney presents their evidence first, and then the defendant's legal team goes next. After both parties present their arguments, the court will decide whether your attorney has furnished them with a preponderance of evidence that the defendant is responsible for your harm. The court will award damages if you satisfy the evidentiary standards required in civil cases. Nevertheless, if the defendant is unhappy with the court's verdict, they can appeal the decision, further delaying your reimbursement.

Whatever the case, as a victim of a commercial vehicle accident, you are encouraged to partner with a profound commercial car accident attorney right after the collision. These professionals have excellent negotiation skills and knowledge of local court processes, increasing the likelihood of fair compensation. Besides, insurers will be more willing to offer a reasonable settlement when you have a personal injury lawyer.

Elements You Must Prove

When you file a lawsuit against the liable party, you have several causes of action based on the nature of your case. These actions are:

  • The Defendant Engaged in Negligence

You must demonstrate that the defendant owed you a duty of care and violated this duty, resulting in your injuries. The court will not award any damages if the defendant does not owe you a duty of care.

  • Respondeat Superior

Even when the commercial driver is responsible for the accident, the employer or the party that owns the commercial vehicle will be liable, per the Nevada Respondeat Superior. These claims are otherwise known as vicarious liability, and to win compensation, you must demonstrate that:

  1. The commercial driver that caused the accident is an employee of the company that owns the vehicle in question.
  2. The driver was acting for the benefit of the employer when the crash happened.
  3. The commercial driver's actions were the proximate cause of the crash.

Most commercial auto companies have elite legal teams, extensive insurance coverage, and pockets deeper than their employees. Suing the commercial driver will not cover all your losses, so you should consider filing a lawsuit against their employer.

  • Negligence Per Se

When you opt to file a negligence per se claim, you must demonstrate that:

  1. The defendant had a responsibility to follow particular laws.
  2. You, the plaintiff, are one of the parties the law intended to protect.
  3. The defendant breached the statute.
  4. The breach of the law by the defendant was the proximate cause of your injuries.

Commercial drivers must adhere to Nevada traffic statutes and avoid speeding or driving when under the influence of drugs or alcohol. If the driver violated these rules, causing the accident, then they are committing negligence per se against you.

  • Wrongful Death

If you lose your life in a commercial car accident, your descendants can bring a wrongful death claim against the liable party. The plaintiff in the suit must prove that:

  1. You lost your life.
  2. The death was caused by someone else's illegal actions or negligence.
  3. The plaintiff is your heir or a representative of your estate.
  4. The plaintiff suffered financial losses because of your death.

It is worth understanding that even your estate can file this lawsuit.

  • Strict Product Liability

In a strict product liability claim, you can hold the commercial vehicle manufacturer responsible for your damages. To recover these damages, you must show that:

  1. The commercial car had a design, production, or warning defect.
  2. The fault existed when the vehicle left the manufacturer's hands.
  3. The defendant used the car in a reasonably foreseeable fashion.
  4. The flaw was the cause of your damage or injuries.

Recoverable Damages

You can sue for compensable damages when you suffer injuries in a commercial auto accident. These are:

  1. Medical costs.
  2. Lost income.
  3. Lost or diminished earning potential.
  4. Property damage to your vehicle.
  5. Pain and anguish.
  6. Wrongful death damages.

Many commercial vehicle accident claims do not go to trial. The claim can be quickly resolved if your lawyer presents compelling evidence to the defendant's insurance adjuster. The parties can even agree on arbitration or mediation.

However tempting the insurance company's offer is, do not accept it without consulting your attorney. Insurers are in business for profits, and whatever offer they put on the table, you should know you can receive more if you keep fighting.

Pursuing Punitive Damages

When the defendant is unwilling to settle, and the case proceeds to trial, you should not shy away from pursuing punitive damages if you can demonstrate the liable party's conduct was malicious. Unlike compensatory damages, which seek to make you whole again after the losses from the accident, punitive damages aim to punish lousy conduct and discourage other commercial drivers from engaging in the same behavior.

Nevada's punitive damages should be at most $300,000 if the court awards you less than $100,000 in recoverable damages. Alternatively, the court can award three times the total compensatory damages if they exceed $100,000. You should understand that these limits will not apply if the commercial driver is impaired by alcohol or drugs.

Defenses the Defendant Will Use to Counter Your Claim

Liable parties in commercial vehicle accidents usually try to shift blame to other parties while defending themselves. The common defenses these individuals use are:

  • The commercial driver can argue that you, the victim, or another party caused the crash.
  • The vehicle manufacturer can assert that when the commercial vehicle left their possession, it was in perfect condition.
  • The commercial driver's employer can assert that the driver was running a personal errand or was performing an activity outside their job description.
  • The government agency charged with road maintenance can claim the road is in good condition.

It would help if you were prepared for the defendant to fight back against the lawsuit. Therefore, after the accident, you should hire a profound attorney to conduct an independent investigation of the accident to discredit the defendant's defenses. If you make solid arguments, the opposing side will be more willing to settle the claim instead of proceeding to trial.

Your Injury Attorney's Role in the Case

Most commercial vehicles in Nevada are big rigs, and any lawsuit against these trucking companies can be challenging to settle. Some companies are from outside Nevada, while others have a sophisticated corporate structure, making it difficult to file a claim. Commercial vehicles involved in accidents face federal and state laws, which are complex to understand if you lack knowledge of personal injury laws or if it is your first accident. Also, you have a limitation period of twenty-four months to file a claim. If you do not act within this timeline, you lose your right to pursue damages for your losses.

Thankfully, an experienced injury attorney understands Nevada and federal government statutes on commercial vehicle accidents. These professionals also understand how long it takes to file a commercial auto accident claim. Because of the many clients they have represented in the past, injury lawyers understand the tricks big trucking companies use to deny claims, including renting out trucks so that they deny liability in the event of an accident. Others hire commercial drivers on a contractual basis.

Hiring an attorney who understands the dealings of these defendants and how to file a successful claim can make a significant difference. Also, insurance adjusters will not be willing to play games with an attorney who knows their tricks, increasing the chances of a fair reimbursement. Your attorney will handle the lawsuit while you focus on recovery.

Find a Skilled Injury Attorney Near Me

If you suffer injuries stemming from the negligence of a commercial driver, you have a right to pursue compensation. A successful claim requires in-depth knowledge of commercial vehicle regulations. The Las Vegas Personal Injury Attorney Law Firm understands these laws and the resources necessary for an independent investigation. We know how to gather and preserve evidence and file an accident lawsuit involving a commercial car. Call us today at 702-996-1224 to arrange a meeting.