Getting hit by a commercial vehicle, a delivery truck, bus, church van, security vehicle, etc. is always more complicated than if you were hit by someone driving their personally owned car. While it may seem like an accident is an accident, and fairly straightforward, nothing is as simple as it seems. In this particular situation, the complications typically come from the need to prove negligence.
What is Negligence?
This is the legal term for fault. In any accident, it needs to be proven who caused it, who was at fault for the wreck, and what percentage of fault each driver had. In Nevada, the law allows for each driver to be partially to blame for the wreck and their percentage of blame determines what percentage of the settlement they are responsible for paying. For example, if you are in a wreck and the settlement is for $10,000 but you were found to be ten percent negligent, you would only be entitled to $9,000 of the total award.
Who is to Blame When Hit by a Commercial Vehicle?
If you were hit by a commercial vehicle, the case has multiple layers. First, was the driver using the vehicle while on duty or in their free time? Were they doing a task that was assigned to them and were they trained on how to operate the vehicle? Was the vehicle properly maintained or did a lack of maintenance contribute to the crash? These are the types of questions that must be asked and answered in order to know if the driver was fully to blame or if the company they work for had some responsibility. If you think that the company was completely or partially to blame you need to include them in the lawsuit. If you fail to do so and settle, you will not be able to go back and sue them at a later date.
A Car Accidents Lawyer in Las Vegas Can Help You to Prepare a Lawsuit
It can be difficult to know whether you should include just the driver or the driver and their company in your lawsuit. A car accidents lawyer in Las Vegas can help to make that determination after hearing the details of your case. The next step will be to file a lawsuit and begin down the path of either settling or going to court in pursuit of damages.
What if You Were in a Commercial Bus that Was Hit?
Unfortunately, this does happen. In fact, a famous Las Vegas case is the one where a local 25-year-old man hit a small tour bus, killing two people and injuring three more. In the event that you are or were in a similar situation, and were hit while a passenger, you still need to have the case thoroughly researched to identify all parties that could be to blame for your injuries.
Do you know anyone that has been in an accident with a commercial vehicle? Share this blog with them so that they know their rights and the importance of identifying all responsible parties.