The worst part of the coronavirus pandemic appears to be over, but the lingering effects may remain for quite some time. One of these lingering effects involves an increased possibility of a large truck accident. Because of the pandemic’s effects, the Federal Motor Carrier Safety Administration has repeatedly diluted some key safety laws. The FMCSA is supposed to look out for public safety. Instead, its bureaucrats are largely dedicated to truckers and the trucking industry.
In contrast, a dedicated Spring Valley truck accident lawyer from Cameron Law is dedicated to victims. This dedication begins when we evaluate your case. We don’t look for fast solutions. Instead, we look for solutions that maximize your compensation. Our commitment doesn’t end until we obtain the best possible result under the circumstances. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
First Party Liability and Spring Valley Truck Accident Lawyers
Substance impairment, driver fatigue, and excessive speed are the most common causes of truck accidents in Nevada.
Most truckers admit they use amphetamines to stay alert while they drive. These drugs usually cause users to be edgy and suspicious. These traits seriously impair their judgment ability. When amphetamines wear off, users typically crash fast and hard. If that crash happens while truckers are behind the wheel, an accident is likely.
Driver fatigue is a serious issue as well. Most of the aforementioned FMCSA safety rollbacks involve HOS (hours of service) rules. Federal HOS rules include daily driving limits, weekly driving limits, and mandatory rest periods. Nevada has HOS rules as well. The definition of “rest” is one of the big differences between federal and state rules. The FMCSA includes non-driving activities, like pumping gas and filling out paperwork, as rest, even though these activities aren’t very restful.
As for speed, most shipping companies pay drivers by the load instead of by the mile. So, drivers have an incentive to cover as much ground as they can as quickly as they can.
All three of these driving behaviors are breaches of the duty of care. If a trucker breaches the duty of care, a Spring Valley truck accident lawyer can obtain the aforementioned compensation in court.
Third Party Liability
Negligent truckers are legally and morally responsible for the wrecks they cause. The shipping, transportation, or other company that owned the truck is financially responsible for damages, at least in most cases. The respondeat superior rule applies if:
- Employee: In Nevada, employers are responsible for the negligence of their employees. For many purposes, including tax purposes, most truckers are owner operators or independent contractors. However, these individuals are employees for negligence purposes, since the employer has some control over their behavior.
- Scope of Employment: This respondeat superior prong is equally broad in Nevada. Typically, any act which benefits the employer in any way is within the scope of employment. This category includes activities like driving an empty truck to a warehouse.
Vicarious liability is very important in truck crash claims. Since the injuries these victims sustain are so catastrophic, individual tortfeasors often don’t have enough insurance coverage to provide fair compensation. Large companies have the necessary resources.
Connect With a Spring Valley Truck Accident Lawyer
Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced Spring Valley truck accident lawyer, contact Cameron Law PLLC. Virtual, home, and hospital visits are available.
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