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Nevada Truck Accident Laws
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Nevada Truck Accident Laws
In Nevada, accidents involving commercial trucks are subject to both state and federal laws. These cases often involve significant damages, given the size and weight of large trucks. When a truck accident occurs, understanding Nevada Truck Accident Laws is essential for anyone involved in the incident. From determining fault to assessing damages, several legal factors come into play in such cases.
Determining Fault In Truck Accidents
In Nevada, fault in a truck accident is based on negligence. Negligence occurs when one party fails to exercise reasonable care, causing harm to another. This can include anything from distracted driving to failure to follow traffic laws or maintain equipment. The law also considers factors like the condition of the truck, the driver’s conduct, and adherence to federal trucking regulations, such as hours of service limits and weight restrictions.
When a truck accident happens, the investigation often involves more than just the driver. The trucking company, the vehicle’s manufacturer, and even maintenance providers could share responsibility for the accident. Under Nevada law, any party that contributed to the accident could be held liable for damages. For instance, if a trucking company failed to maintain its vehicles properly and that failure led to an accident, the company could be responsible for paying compensation to the injured parties.
Comparative Negligence In Nevada
Nevada follows the rule of comparative negligence. This means that even if you share some of the fault for an accident, you may still recover damages as long as your percentage of fault is less than 51%. However, your compensation will be reduced by the percentage of your fault. For example, if a court finds that you were 30% responsible for the accident, your final award would be reduced by that percentage. Comparative negligence laws play a critical role in truck accident cases, especially when determining who is responsible for what portion of the damages.
Federal Regulations Affecting Nevada Trucking
Federal regulations under the Federal Motor Carrier Safety Administration (FMCSA) apply to commercial truck drivers and trucking companies operating in Nevada. These rules are in place to promote safety on the road and include regulations on hours of service, load limits, and mandatory rest periods for drivers. Violations of these regulations can significantly impact liability in a truck accident case. For example, if a driver was found to have violated hours-of-service regulations, that violation could be used as evidence of negligence.
Statute Of Limitations For Truck Accident Claims
In Nevada, the statute of limitations for filing a personal injury lawsuit, including those arising from truck accidents, is two years from the date of the accident. This means that you must file a lawsuit within this timeframe, or you may lose your right to seek compensation. There are some exceptions to this rule, such as cases involving wrongful death, where the clock starts running from the date of death rather than the date of the accident. It’s essential to be aware of this time limit, as failing to act in time could mean forfeiting your right to recover damages.
Damages Available In Truck Accident Cases
When it comes to recovering compensation in a truck accident case, Nevada Truck Accident Laws allow injured parties to seek both economic and non-economic damages. Economic damages include things like medical expenses, lost wages, and property damage, while non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. In certain cases, punitive damages may also be available if the at-fault party’s actions were especially reckless.
Given the potential for severe injuries and significant property damage in truck accidents, these claims can involve substantial compensation. It’s important to gather evidence, such as medical records, accident reports, and witness statements, to strengthen your case.
Taking Action After A Truck Accident
If you’ve been involved in a truck accident, we recommend seeking legal guidance promptly. Nevada Truck Accident Laws are designed to protect those injured in these types of collisions, but recovering compensation can be a complex process. At Truck Law, we focus on helping clients pursue the compensation they deserve for medical expenses, lost income, and other damages.
Contact us today to learn more about how we can assist you in navigating the legal process and securing the compensation you’re entitled to.