Las Vegas Truck Accident Lawyer
A loaded tractor-trailer can weigh up to 80,000 pounds under federal law, so a collision with one is rarely minor for the people in the smaller vehicle. The injuries are often serious, and the records that explain the crash sit with the trucking company.
Heavy trucks cross Las Vegas every day on I-15 and US-95. Ace Lakhani Law Firm handles truck accident claims for people hurt on those routes and elsewhere in Clark County, including truck drivers injured on the job. The truck accident lawyer on these cases is Ace Lakhani, whose background includes insurance law and commercial litigation.
What Caused the Crash, and Who Answers for It
A truck crash usually has more than one cause, and each cause points to a different party and a different set of records.
Driver fatigue: The driver and the carrier that set the schedule may be responsible. Electronic log data and dispatch records show how long the driver had been on the road.
Speeding or distraction: Responsibility falls on the driver and the employer. The engine data recorder, phone records, and dashcam video are the main proof.
Brake or tire failure: The carrier, a maintenance contractor, or a parts maker may be at fault. Inspection and repair records show what was checked and when.
Shifted or overloaded cargo: The shipper or the company that loaded the trailer may be responsible. Bills of lading and weight tickets record what was on board.
Impaired driver: Both the driver and the carrier can be liable. Post-crash drug and alcohol test results are the key record.
Under NRS 41.130, an employer is liable for injuries caused by an employee it is responsible for, so the trucking company is normally named in the claim along with the driver.
Federal rules also set the standard the company is measured against. A driver may not drive more than 11 hours inside a 14-hour work window (49 CFR Part 395), and a log that shows more is strong evidence of fatigue.
Records That Do Not Last
The trucking company holds the key records, and it does not have to keep them for long. A carrier only has to hold its drivers’ logs and backup paperwork for six months (49 CFR 395.8). After that, it may lawfully discard them. Data stored in the truck’s engine computer may be overwritten once the truck goes back into service.
One of our first steps is a written demand that the company preserve the truck, its electronic data, the driver’s file, and its maintenance records. If the truck is still available, it can be inspected before repairs are made.
If You Were Driving the Truck
Truck drivers are hurt in these crashes too. A driver injured while working is covered by workers’ compensation. The driver may also have a claim against an outside party that caused the crash, such as another motorist, a repair shop, or the company that loaded the trailer (NRS 616C.215). The insurer that paid the workers’ compensation benefits has a claim on that recovery, so the two cases have to be handled together.
Deadline and Shared Fault in Nevada
Nevada’s deadline to sue after a truck crash is generally two years (NRS 11.190(4)(e)). If the truck belongs to a city, a county, or the state, the claim is also limited to $200,000 (NRS 41.035).
Under NRS 41.141, any share of fault assigned to you comes off the award, and the claim fails only when your share is larger than the defendants’ share. A truck case often has several defendants, and their shares are added together for that comparison.
What the Claim can Include
- Medical treatment, including future care
- Lost income and reduced earning capacity
- Repair or replacement of your vehicle
- Pain and suffering
When a truck crash causes permanent injuries, our catastrophic injury lawyer handles the claim. When a crash is fatal, the family’s claim is brought by our wrongful death lawyer.
Why Choose Ace Lakhani for a Truck Case
Truck cases are argued over insurance policies and company records, and Ace Lakhani has worked in insurance law and commercial litigation as well as personal injury. He is licensed to practice in Nevada. Read about Ace Lakhani.
The firm takes truck cases on a contingency fee. You pay no attorney’s fee unless money is recovered for you.
Contact Our Truck Accident Attorney in Las Vegas
Call 702.814.4000 or schedule a free consultation online. If the truck or your own vehicle has not been repaired yet, tell us on the first call so it can be inspected.
Truck Accident FAQs
The trucking company says its driver is an independent contractor. Does that end my claim against the company?
Not necessarily. When a carrier leases a truck from an owner-operator, federal rules say what the lease must contain. It has to give the carrier exclusive possession and control of the truck, and complete responsibility for its operation (49 CFR 376.12). The label the company uses does not settle the question on its own.
The truck belongs to a company in another state. Where is the claim filed?
A crash in Las Vegas can generally be filed in a Clark County court, even when the trucking company is based elsewhere. You do not have to bring the case in the company’s home state.
How much insurance does a commercial truck carry?
Federal rules set the floor at $750,000 for a for-hire truck of 10,001 pounds or more that hauls ordinary freight across state lines. Trucks carrying certain hazardous materials need $1 million or $5 million of cover (49 CFR Part 387). Some companies carry more than the minimum.
Is the truck driver tested for drugs and alcohol after a crash?
In some crashes, yes. Federal rules require the employer to test the driver after a fatal crash. Testing is also required when the driver is cited and either someone needs medical treatment away from the scene or a vehicle has to be towed (49 CFR 382.303). The alcohol test has to be done within 8 hours and the drug test within 32 hours.
Can the trucking company be liable for hiring an unsafe driver?
Yes, it can. A carrier can be responsible for its own carelessness in hiring, training, or supervising a driver, separately from the driver’s mistake. Under federal rules, a carrier must hold a qualification file on every driver, and that file shows what the company knew.
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