Trucking companies can be held liable in Nevada for negligent hiring, training, or maintenance when injured victims have been involved in a serious truck accident. Focusing blame solely on drivers after truck collisions ignores the larger responsibility trucking companies have in conditions that lead to accidents. Corporate negligence allows for injured victims and families to participate in suing trucking companies for negligent hiring, training, or maintenance in Nevada.
The Significance of Trucking Company Negligence
Trucking companies have control over the operation of their business. This includes who they hire, how they train employees, what vehicles they maintain, how they load cargo, and what safety policies are in place. When a trucking company is negligent in carrying out its operational responsibilities, the danger to the public can be significant.
Heavy trucks drive on public highways every day in Nevada on roads like I-15, US-95, and I-80. Long-haul trucking jobs may also create pressure to drive long distances with tight delivery deadlines.
Negligent hiring takes place when a trucking company fails to take reasonable steps to properly investigate, screen, and vet their drivers before allowing them to operate a commercial truck. Trucking companies have a duty to investigate drivers and make sure that they have a valid license, proper training, a safe driving history, and a current medical clearance to operate a commercial vehicle.
Negligent hiring can be proved in a Nevada truck accident claim if there is evidence that a trucking company ignored red flags or failed to complete an employment file or qualifications file for a truck driver.
There were 114,000 (23%) injuries and 5,279 (1%) fatalities in the roughly 503,000 large truck crashes that the police reported in 2022, many of these resulting from trucking company negligence.
Negligent Training or Supervision
Trucking companies are not only responsible for hiring safe drivers, but they are also responsible for the training and supervision of employees. New drivers need to be trained on safety procedures, load securing, hours of service regulations, weight and load restrictions, and defensive driving techniques to avoid collisions.
Failure to train may result in a driver not knowing how to safely operate a truck in heavy traffic, during bad weather, or in case of an emergency. Negligent supervision can include pressuring a driver to meet unrealistic delivery deadlines, skipping rest breaks or other mandatory safety rules, or ignoring prior safety complaints and traffic violations.
Negligent Maintenance
Truck maintenance problems and vehicle inspection failures are among the most common causes of serious and catastrophic truck accidents. Trucking companies are responsible for the inspection, repair, and maintenance of their own vehicles before trucks are sent out on the road. Failure to follow proper inspection procedures, deferred maintenance, or operating a vehicle that has known equipment problems can create immediate safety issues and lead to a collision.
How Nevada Delivery Driver Accident Laws Apply
Nevada law allows an injured victim to recover compensation from anyone who was negligent and caused an accident. When a trucking company fails to follow legal duties, these companies can be held liable as well. Nevada follows a modified comparative negligence system, so victims can recover compensation if there is more than one party that is negligent, but fault will need to be established by the evidence.
Additionally, if you have been injured, the law places restrictions on when you can file a claim, called the statute of limitations. This time is typically two years. Filing after this timeframe will likely bar you from being able to file, no matter how strong the evidence is. In some cases, extensions may apply, so hire a truck accident lawyer right away to ensure that you file your delivery driver accident claim on time.
Hire a Truck Accident Lawyer
If you are seriously injured or a loved one has been killed in a truck accident, the decision to hire a truck accident lawyer is important. Truck accident claims can involve multiple liable parties, complex legal theories, multiple insurance companies, and corporate defense teams who only want to pay as little as possible.
An experienced Nevada truck accident attorney at Easton & Easton can identify the at-fault parties, build a strong evidence-based record, and negotiate hard on behalf of the victim or family members.
FAQs
What Is Negligent Hiring, Training, and Supervision in Nevada?
Negligent hiring, training, and supervision in Nevada means an employer has not used reasonable care in the selection, training, or supervision of an employee whose subsequent acts cause injury. For trucking cases, negligent hiring practices cover actions including employing unsafe drivers and failing to provide essential safety training, as well as ignoring previous violations that endanger public safety.
When Can You File a Claim Against a Trucking Company?
You can file a claim against a trucking company if negligence on the company’s part plays a role in an accident, even if it was a driver who directly caused the accident. Possible grounds for a claim include negligent hiring of unsafe drivers, improper training or supervision of drivers, and failure to properly maintain vehicles. Nevada law entitles victims to compensation if the trucking company’s actions or policies caused or contributed to their injuries.
What Is an Example of Negligent Training?
Negligent training can be exemplified by permitting a truck driver to drive commercial vehicles without training in safety regulations, emergency braking, or load securement techniques. A failure to train drivers in fatigue management or defensive driving strategies also puts truck drivers at higher risk for causing preventable collisions in public trafficways.
What Is the Negligence Rule in Nevada?
Nevada uses the modified comparative negligence approach, which also allows the injured party to recover damages. The total amount of compensation can be reduced in proportion to the injured party’s share of blame, but may still be recovered as long as the other party’s negligence was not less than their own.
About Easton & Easton
Easton & Easton is a family-owned personal injury law firm that has handled complicated truck accident cases for decades. With over a century of combined trial experience and accolades from national legal associations, Super Lawyers, and Best Lawyers in America, our firm is renowned for holding large corporations responsible. Contact us today to get started on your case.
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