Can a truck driver be sued for accident?

If you were in a crash with a semi-truck, you’re probably wondering who you can hold responsible. In Nevada, you can sue a truck driver personally if they caused the accident. But in most cases, the lawsuit also involves their employer, the trucking company.

Let’s break down when and how a truck driver can be sued after a crash in Nevada.

When is a truck driver personally liable?

Truck drivers can be sued if they acted carelessly or broke traffic laws. In legal terms, this is called negligence. Here are a few examples of when a truck driver might be held directly responsible:

• Speeding or tailgating
• Driving under the influence of drugs or alcohol
• Texting while driving
• Ignoring traffic signs or signals
• Falling asleep at the wheel

If their actions caused the crash, you can file a personal injury claim against them. But most of the time, their employer, the trucking company, is also brought into the lawsuit.

Is it better to sue the company instead?

Yes, in many cases it makes more sense to sue the trucking company. That’s because the company usually has more insurance and more money to pay for damages. Under Nevada law, if a driver was doing their job when the crash happened, the company can be held responsible under the rule of respondent superior. That’s a fancy way of saying “the boss pays for what the employee did.”

But if the driver was off-duty, doing something illegal, or driving their own truck as an independent contractor, things can get more complicated.

What if the driver did something reckless?

If the truck driver was especially reckless, like driving drunk or road-raging, they can be sued in addition to the company. And if the company knew the driver had a dangerous history and hired them anyway, both parties can be held accountable for negligent hiring.

In some Nevada cases, victims have been awarded punitive damages, extra money meant to punish the driver for outrageous behavior.

What if the driver wasn’t the only one at fault?

Nevada uses a comparative negligence rule. That means more than one person can be found at fault for a crash. If you were partially responsible, you can still sue the truck driver, as long as you were less than 51% at fault. But your payout will be reduced based on your percentage of fault.

For example, if you were 20% at fault and the total damages are $100,000, you’d still get $80,000.

How long do you have to sue in Nevada?

In most truck accident cases, you have two years from the date of the crash to file a lawsuit. If a government truck was involved, like a city garbage truck, the deadline may be even shorter, and you might need to file a special claim first.

That’s why it’s important to act quickly and start gathering evidence right away.

At Wooldridge Law Injury Lawyers, we know how devastating a truck accident can be. If you were hurt in Nevada and believe a truck driver was to blame, we can help you figure out the best path forward. Call us now, (702) 867-8900. Whether it’s the driver, the company, or both, we’ll work to hold the right people accountable.