Even when you consider yourself a competent driver on the road, there is a possibility that you could be involved in a car accident at least once in your life. Car accidents involving commercial vehicles are not common. However, when these collisions occur, they are often catastrophic and could leave you with severe injuries. A lot runs through your mind following the accident, and the liable party for the accident is among the issues you must figure out.

The key to receiving compensation for injuries you sustain in a commercial vehicle accident is identifying the liable party and filing a personal injury lawsuit against them. Due to the numerous parties involved in the operation of commercial vehicles, determining liability in a commercial vehicle accident could be more challenging than a car crash involving a private salon. This article guides you on commercial vehicle accident liability.

Liability in a Commercial Vehicle Accidents

When establishing who is liable for a commercial vehicle accident, you must identify the parties involved in the case and determine who is at fault for the accident. Nevada is a fault State, and responsibility for your injuries lies on the individuals who are found to be at fault for the accident. Often the fault in a car accident is based on the negligence of different road users. 

In Nevada, negligence is the failure to live up to the duty of ordinary care. When you seek compensation for injuries resulting from the accident, you will need to do a thorough investigation to establish the cause of the accident and liability. Determining liability in a commercial vehicle accident can be challenging. Some of the factors that could play a part in determining liability for the accident include:

  • The speed at which the involved drivers were going.
  • Surrounding traffic lights and signals.
  • The weather and road conditions at the time of the accident.
  • Witness statement and the police report.
  • Whether or not one of the involved parties admits fault for the accident.

Since many commercial vehicle accidents result from negligence, you must prove the elements of negligence when determining who is liable for the accident and your injuries. In Nevada, proving negligence involves gathering the necessary evidence to support each element. The elements of negligence include the duty of care, breach of duty, causation, and damages resulting from the accident.

Many people think that a commercial vehicle driver will be liable for your accident and injuries. However, this is not the case. Liability for a commercial vehicle accident can lie with numerous parties. An individual or entity liable for the accident will be any party whose negligent conduct contributed to the collision. Potential Liable parties in a Nevada commercial vehicle accident include:

The Driver of the Commercial Vehicle

Commercial vehicle drivers play a huge role in accidents caused by these vehicles. Commercial vehicles are often large vehicles ferrying heavy goods and thus require a high level of skill and concentration to operate. A commercial vehicle driver will be held liable for the accident if they exhibited the following behavior when driving and their conduct resulted in the collision:

Speeding

Speeding is a major problem on the roads in Nevada and throughout the county. Speeding involves driving over the speed limit and driving too fast on poor roads or under unfavorable climatic conditions. Other dangerous forms of speeding may include racing and other speed displays. Speeding is one of the leading causes of accidents since:

  • It increases the distance and time needed to stop the vehicle. Speeding increases the risk of vehicle rollovers.
  • Controlling a vehicle may be more challenging when the vehicle is at high speed.
  • Collisions involving speeding vehicles are often catastrophic.

Despite the dangers associated with speeding, many drivers choose to drive fast. If you are injured in an accident involving a speeding commercial vehicle, the driver may be held responsible for your injuries.

Failure to Yield the Right of Way

Las Vegas is a large city with a huge network of roads. The State has created certain traffic rules to keep the traffic moving safely, one of which is the right of way. A right of way established the priority to move in different road parts. Failure to yield the right of way is not only an offense in Nevada but can result in serious collisions. When a failure to yield accident occurs, vehicles often collide at the intersection.

Some of the basic rules about the right of way in Nevada include:

  • Following the traffic signs. 
  • Allowing the vehicle that enters the intersection first to move. 
  • Allowing vehicles from the other direction to move when turning left.

A commercial vehicle driver will be held responsible for the accident if it fails to yield the right of way.

Distracted Driving

Distracted drivers cause many accidents in Las Vegas. A driver is distracted when their attention is off the road. Some of the sources of distractions for a driver may include:

  • Texting while driving.
  • Eating and drinking behind the wheel.
  • Attending the navigation system.
  • Talking to other vehicle occupants.

Impaired Driving

Drunk driving is one of the most dangerous behaviors that a commercial vehicle driver can indulge. The use of alcohol or other drugs before the operation of a motor vehicle can impair the driver’s judgment and slow down their reaction to emergencies. Nevada’s drunk driving laws stipulate that a commercial driver should not operate with a BAC of 0.04% or more. A truck driver and their employer could be liable for an accident resulting from drunk driving.

Driving while Fatigued

Often a drowsy driver has a similar level of impairment as the one who operates under drug or alcohol influence. Some of the factors that may increase the risk of accidents caused by driver fatigue include:

  • Use of sedating medication.
  • Loss of sleep.
  • Medical disorders.
  • Driving during late hours.
  • Driving for long periods without rest.

Drivers of commercial vehicles must rest for a specific number of hours each day to help avoid drowsiness. Sometimes, trucking companies often deny their drivers the required rest break, impairing their driving. If you are involved in a commercial vehicle accident caused by a drowsy driver, both the driver and the vehicle company could assume liability for the accident.

Cargo Loaders

Most Commercial vehicles often ferry heavy loads, and improper loading could cause the vehicle to be unstable and collide. There are specific requirements for commercial vehicles that ferry goods must be loaded, and the Federal Motor Carrier Safety Administration Regulates the safety of interstate commercial vehicle operations. The restrictions may include weight, materials to be carried, and hauling the goods.

If the load is not properly secured, it could affect the vehicle balance, making it more dangerous to drive. Also, an unbalanced cargo could affect a driver’s ability to control and stop the vehicle when necessary. Some trucks ferry hazardous materials like:

  • Gasoline.
  • Dry ice.
  • Fuel-powered equipment.
  • Oxygen tanks.
  • Fertilizer compounds.
  • Items containing mercury.

Sometimes, a poorly packaged hazardous load can explode and cause fire to other vehicles on the road. If the cargo loader fails to follow the regulations and you are injured, they will be held liable for the accident and your injuries.

Vehicle Part Manufacturers

Sometimes accidents may be a result of faulty vehicle parts. An error during the design and manufacture of the vehicle parts could result in a malfunction and a collision. If you can prove that your accident was caused by a commercial vehicle with faulty parts, the manufacturer of the specific part will be liable for the accident. Some of the faulty vehicle parts that could contribute to a collision significantly include:

  • When the vehicle’s brake system is faulty, the driver may find it challenging to stop the vehicle and thus causing a crash.
  • Steering wheel. The steering wheel helps the driver control the vehicle’s direction and maintain stability. When the steering wheel malfunctions while the driver is on the road, they can lose control of the vehicle and collide with other vehicles or, far worse, hit pedestrians.
  • Windshield Wipers. Windscreen wipers are essential in ensuring clear road visibility for the driver, especially during a rainy day. If they fail, the driver could be blinded and thus be involved in a crash.
  • Tires maintain the stability and grip of the vehicle. When tires are worn out, the vehicle can easily slide off the road and cause a serious accident. Also, tires that are overfilled or underfilled with air could result in a severe collision.

Many people do not understand how technical issues with the vehicle can cause an accident. Therefore, you will need the guidance of a competent personal injury attorney to help you investigate the main cause of the accident and hold the right person liable for your injuries.

Commercial Vehicle Company

Commercial vehicle companies are expected to conduct regular maintenance checks for all their vehicles and make repairs where necessary. Vehicles that are poorly maintained have a high likelihood of being involved in an accident. When a vehicle part fails, the resulting accident could be catastrophic. Companies that fail to make necessary maintenance checks and repairs could be held liable for the commercial vehicle accident.

If you are involved in a car accident resulting from a vehicle part failure, you can request to check the company’s record of all the maintenance done on the vehicle. These records will help show whether the driver was negligent or the company failed to comply with their duty.

In addition to maintaining the vehicles, commercial vehicle companies must hire and correctly train their drivers; Commercial vehicles require a high level of competency. However, some companies tend to source cheap labor from unqualified drivers who may have unwanted results. If an unqualified driver caused a commercial vehicle accident, the company might be held liable for the accident.

The Local Government or Contractors Responsible for Highway Construction

 Sometimes a commercial vehicle accident may occur even when the vehicle is well maintained, and the driver is careful and skilled. Poorly constructed and unmaintained roads could cause the vehicle to lose control and hit obstacles and other vehicles. With their heavyweight, the tires of a commercial vehicle could burst on, hitting an uneven road surface or potholes, causing the driver to lose control of the vehicle.

If your accident resulted from poor roads, the local government or contractors tasked with constructing and maintaining the roads may be held liable for your accident. Filing a claim against the government can be very challenging, and therefore, seeking the guidance of a skilled personal injury attorney is vital.

Other Road Users

It would be best not always to assume that the liability of an accident involving a commercial vehicle lies on the driver and commercial vehicle management. Negligence from other drivers and pedestrians could result in a serious accident. Commercial vehicles are large vehicles, and other drivers need to keep the required distance to allow the commercial vehicle to maneuver. However, many drivers fail to adhere to this rule, resulting in rear-end collisions.

Drivers who fail to follow traffic rules or operate vehicles while under the influence of alcohol could also be held liable for a commercial vehicle accident.

Admitting to Liability in a Commercial Vehicle Accident

Liability in commercial vehicle accidents often lies on the driver, the Commercial Vehicle Company, or vehicle parts manufacturers. However, no one wants to accept liability for the accident due to the financial burden to compensate the accident victims. If you are a driver of a small vehicle, motorcycle, or pedestrian, the commercial vehicle company may attempt to place the responsibility of the accident on you.

The commercial vehicle company will often send an insurance adjuster to speak to you. When you first speak to the adjuster, they are likely to record your statement. Often, the information you provide to the insurance company may be used to deny your claim or put the accident liability on you. You are not obligated to speak to the adjuster, and therefore, it would be wise to avoid them as much as possible.

The signed statement you provide to the insurance adjuster will be part of your official claim report and will hold extreme significance to the validity of your injury claim. You should not admit to any level of fault in an accident, and the insurance company should carry out their investigations and determine your contribution to the accident.

The State of Nevada uses Comparative negligence to determine fault in an accident. Therefore, several parties, including the victims, can be held liable for the accident. If the court finds that your liability is higher than other parties by admitting fault, you may lose your right to recover compensation.

Can I Potentially Be Liable in a Commercial Vehicle Accident as a Pedestrian?

It is rare for a pedestrian or a passenger of another vehicle to be held responsible for an accident involving these vehicles. Instead, the fault falls on the commercial vehicle driver, other drivers, vehicle parts manufacturer, or the city government. Although there are cases where an unruly passenger or careless pedestrian distracts a driver long enough to cause an accident, most accidents are often a result of the driver’s failure to follow safety precautions.

Commercial vehicles are often very heavy and challenging to control. The commercial vehicle company is expected to hire competent drivers and correctly train them to handle them. Collisions involving commercial vehicles and other small cars are often very fatal. If you survive the accident, you may be left with serious injuries that could drain you physically, emotionally, and financially.

No one is eager to claim liability for an accident. Therefore, it is extremely important to collect as much evidence as possible after the collision. If you are not seriously injured, you should consider taking photos of the accident and note down the contact information of witnesses. Unlike in car accidents where you deal with the driver, the commercial vehicle company will often take over the situation. Dealing with the company can be more challenging compared with individual parties. Therefore, it is crucial to proceed with the guidance of a skilled attorney.

Find a Las Vegas Personal Injury Attorney Near Me

Accidents involving commercial vehicles result in severe injuries due to their large size and heavy loads. Even when you are in pain and trying to nurse the injuries, it is inevitable to worry about covering your medical expenses and recovering from other losses resulting from the accident. 

Fortunately, individuals injured in a commercial vehicle accident in Las Vegas may be compensated by filing a personal injury claim. A significant part of seeking compensation benefits is establishing liability for the accident which can be challenging, especially when multiple parties are involved. At Las Vegas Personal Injury Attorney Law Firm, we are ready to offer you legal guidance as you battle your claim. Call us today 702-996-1224 at and allow us to guide you through your claim.