Delivery Truck Accident Lawyer Las Vegas, NV
Any type of motor vehicle accident negatively impacts your life, but when that motor vehicle accident involves a delivery or box truck, you will likely be facing more significant damage and injuries, if you’ve been involved in an accident due to a delivery truck driver’s negligence, it may be time to consult with an experienced delivery truck accident lawyer in Las Vegas, NV. Nevada roadways can be congested and chaotic and delivery truck drivers could be under pressure to make deliveries quickly. Due to their size and weight, delivery trucks can be harder to drive and stop quickly. An experienced truck accident lawyer will be able to determine liability and help you secure the compensation you need for injuries, lost wages, pain and suffering and other costs.
Common Causes of Delivery Truck Accidents
With the rise in online shopping, regular mail and other types of deliveries, you may have noticed an uptick of delivery or box trucks on the road in recent years. As mentioned above, with so many deliveries to make daily, drivers may be under pressure to make the deliveries quickly or to complete all deliveries within their shift. This can lead to rushed driving and drivers taking chances they may not have taken had they not been under pressure. Some common reasons that delivery truck drivers cause collisions or road hazards:
Sudden Stops: When a delivery driver finds the address they are looking for to make a delivery, they may make a sudden stop which could catch an unsuspecting driver off guard and lead to a rear-end collision.
Backing up: Large trucks have large blind spots, a driver may not see a person, vehicle or other objects when backing up.
Improperly Secured Loads: Items falling off the truck, items shifting during motion or the truck being overloaded can all pose hazards for other drivers.
Inexperience or Poor Training: To drive a delivery truck safely, an employee requires training and experience. If a delivery truck company fails to properly train or vet a driver and that driver causes a collision, the company could be held liable.
Failing to Engage the Parking Brake: A driver may forget to engage the parking brake when exiting their truck to make a delivery which could lead to the truck rolling down a driveway or street into objects, people and animals.
Who is Liable in a Delivery Truck Accident?
When a delivery truck driver is acting as an employee for a company, the employer is typically responsible for the conduct of their employee. This means that if a delivery truck driver is at fault in an accident, their employer may be held liable. When determining if an employer is liable for the conduct of their employee, an attorney will likely look to the doctrine of Respondeat Superior, This doctrine is based on the legal theory of vicarious liability. The vicarious liability theory refers to a form of secondary or indirect liability which connects parties that have a particular relationship, like employer and employee. When determining if an employer would be liable for its employee’s conduct, one would look at the doctrine of Respondeat Superior.
Respondeat Superior, Latin for “let the superior give answer”, is the legal doctrine that makes an employer liable for the wrong of an employee or agent if it was committed within the scope of employment or agency.
For example, if a delivery truck driver was on their way to deliver a package when they rear-ended someone at a stop sign, the person who was rear-ended can file a lawsuit against the driver’s company because they were operating within the scope of their employment when they rear-ended the other driver. Being able to bring the employer into the lawsuit can make a big difference for the injured party as they may not have been able to recover any or enough damages after the accident had they only been able to name the driver. It is important to note that Respondeat Superior only applies to employees, not independent contractors. With the doctrine of respondeat superior, a plaintiff does not need to show that the employer acted negligently, only that the employee acted negligently under the scope of their employment.
In Nevada, if an employee commits a negligent act at work, during working hours and while they are reasonably performing their duties, their employer could be held liable for their negligence.
In Nevada, pursuant to NRS 41.745:
1. An employer is not liable for harm or injury caused by the intentional conduct of an employee if the conduct of the employee:
(a) Was a truly independent venture of the employee;
(b) Was not committed in the course of the very task assigned to the employee; and
(c) Was not reasonably foreseeable under the facts and circumstances of the case considering the nature and scope of his or her employment.
For the purposes of this subsection, conduct of an employee is reasonably foreseeable if a person of ordinary intelligence and prudence could have reasonably anticipated the conduct and the probability of injury.
2. Nothing in this section imposes strict liability on an employer for any unforeseeable intentional act of an employee.
3. For the purposes of this section:
(a) “Employee” means any person who is employed by an employer, including, without limitation, any present or former officer or employee, immune contractor, an employee of a university school for profoundly gifted pupils described in chapter 388C of NRS or a member of a board or commission or Legislator in this State.
(b) “Employer” means any public or private employer in this State, including, without limitation, the State of Nevada, a university school for profoundly gifted pupils described in chapter 388C of NRS, any agency of this State and any political subdivision of the State.
(c) “Immune contractor” has the meaning ascribed to it in subsection 3 of NRS 41.0307.
(d) “Officer” has the meaning ascribed to it in subsection 4 of NRS 41.0307.
(Added to NRS by 1997, 1357; A 2005, 2430)
Eglet Adams: Delivery Truck Accident Lawyers
If you or a loved one has suffered due to the negligence of a delivery truck driver, you need an experienced personal injury attorney to represent you. The attorneys at Eglet Adams have represented many clients in complex truck accident litigation and have been able to secure maximum compensation for their injuries, pain and suffering and lost wages. While other attorneys may fail to realize the full value of a case or may not have the resources to take a case to trial, the attorneys at Eglet Adams are fully equipped to litigate these complex cases and have a proven track record of success against powerful defendants.
If you or a loved one were injured in a trucking accident, contact us and we will schedule a free initial consultation with one of our attorneys who will assess your individual case and help you decide what to do moving forward.
Disclaimer: Past results do not guarantee, warrant, or predict future cases.