Accidents involving commercial vehicles can lead to a maze of legal, medical, and financial challenges. As your local accident attorneys, Anthem Injury Lawyers understands the intricacies of these cases and are here to help you navigate them. In this article, we will explain what constitutes a commercial vehicle, what you should do if you’re involved in such an accident, and the specific Nevada laws that come into play.
What Is a Commercial Vehicle?
A commercial vehicle is any vehicle used for business purposes, such as transporting goods or passengers for profit. Common examples include:
- Semi-trucks and tractor-trailers
- Delivery vans (e.g., FedEx, UPS, Amazon vehicles)
- Buses (school buses, city buses, tour buses, and charter buses)
- Rideshare vehicles (e.g., Uber, Lyft) if operating for hire at the time of the accident
- Food Delivery vehicles (e.g., Instacart, Uber Eats) if being used for delivery at the time of the accident
The distinction between commercial and private vehicles is crucial because commercial vehicles are subject to stricter regulations and insurance requirements. For example, under federal law, semi-truck operators must comply with Federal Motor Carrier Safety Administration (FMCSA) regulations, which govern areas like driver qualifications, vehicle maintenance, and hours of service.
What to Do at the Scene of a Commercial Vehicle Accident
While many of the immediate steps following a collision are similar to those in a private vehicle accident, there are specific actions to take when a commercial vehicle is involved:
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Ensure Safety and Call Emergency Services
- Move to a safe location if possible and call 911 to report the accident.
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Gather Information About the Commercial Vehicle
- Note the company’s name, vehicle identification number (VIN), and any USDOT numbers displayed on the truck or trailer. This information can be critical for identifying the responsible parties and insurance carriers.
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Document the Scene Thoroughly
- Take photos and videos of the accident scene, vehicle damage, road conditions, and any visible injuries. Include pictures of the commercial vehicle’s license plate and any signage.
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Request the Driver’s Credentials
- Commercial drivers are required to carry specific documentation, such as a commercial driver’s license (CDL) and logbooks. Ask for copies, if possible, or document their details.
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Avoid Speaking to Company Representatives
- Shortly after the accident, representatives from the commercial vehicle’s insurance or legal team may attempt to contact you. Politely decline to give a statement until you’ve consulted an attorney.
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Seek Medical Attention
- Even if injuries seem minor, consult a medical professional promptly. Some injuries may not manifest until days after the accident.
Nevada Laws and Regulations Relevant to Commercial Vehicle Accidents
Nevada has specific laws that affect how commercial vehicle accidents are handled:
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Comparative Negligence
- Nevada follows a modified comparative negligence rule. This means you can recover damages as long as you are less than 51% at fault. However, your compensation will be reduced by your percentage of fault.
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Statute of Limitations
- In Nevada, you generally have two years from the date of the accident to file a personal injury lawsuit.
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Commercial Vehicle Insurance Requirements
- Commercial vehicles are required to carry higher insurance limits than private vehicles. For example, semi-trucks engaged in interstate commerce must carry at least $750,000 in liability insurance, and the requirement increases for vehicles transporting hazardous materials.
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Employer Liability
- Under Nevada’s “respondeat superior” doctrine, an employer can be held liable for the actions of their employee if the employee was acting within the scope of their employment at the time of the accident.
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Mandatory Reporting
- If an accident results in injury, death, or significant property damage (over $750), it must be reported to the Nevada Department of Motor Vehicles (DMV).
How Anthem Injury Lawyers Can Help
Accidents involving commercial vehicles often involve multiple parties, including the driver, their employer, and the insurance company. This complexity requires a detailed investigation and a strong understanding of both state and federal laws. At Anthem Injury Lawyers, we:
- Investigate the accident thoroughly to establish liability
- Work with experts to reconstruct the scene if necessary
- Negotiate aggressively with insurance companies
- Ensure compliance with all applicable laws and deadlines
Helpful Resources
- Federal Motor Carrier Safety Administration (FMCSA) Regulations
- Nevada Department of Transportation (NDOT) Traffic Safety Information
- Nevada DMV Accident Reporting Requirements
If you’ve been injured in an accident involving a commercial vehicle, don’t face the legal battle alone. Contact Anthem Injury Lawyers in Las Vegas today for a free consultation. Call us at (702) 857-6000 or visit our website to learn more.
Last updated Wednesday, January 22nd, 2025