Truck Accidents with Multiple Defendants

After a truck accident, there may be more than one liable party. The truck driver is the party most often assumed to be responsible, but it is not uncommon for victims to pursue claims against multiple defendants.

Multiple Defendants Means Multiple Insurance Companies

When there are multiple liable parties, it also means dealing with several insurance companies. As a result, the case can quickly become complex and delay a quick settlement. Frequently when there are multiple defendants, the case is more likely to go to trial because each party may have their own version of what happened. The insurance companies, their lawyers, your truck accident lawyer, and the court will have to determine how much each party contributed to causing your injuries.

Typically, what will occur is that each responsible party will be assigned a percentage of the fault for the damages you seek. Then each party is held accountable for paying their part of the settlement or verdict if you win at trial.

How Modified Comparative Negligence Applies to Truck Accident Cases with Multiple Defendants

Nevada applies the law of modified comparative negligence to truck accident cases involving multiple defendants. This approach assigns a percentage of fault to each party, and to recover damages, the plaintiff (victim) cannot be more than 50 percent at fault for the resulting injury.

For example, suppose you are in an accident, and it was found that there were two other culpable parties. Party A was the truck driver who was trying to beat a red light at an intersection. Party B was a parts manufacturer who produced the defective brakes installed on the truck, and you were in a rush and entered the intersection right after the traffic light turned green.

Let’s assume Party A was 60 percent responsible, Party B was 30 percent responsible, and you were 10 percent responsible. Under Nevada’s modified comparative negligence law, even though Party A’s damages were $100,000, they cannot collect compensation because they were more than 50 percent to blame. Party B did not suffer damages, but your awarded compensation will be reduced by your percentage of fault (10 percent). For instance, if you are awarded $500,000, Party A will be responsible for paying 60% ($300,000), and Party B must pay 30% ($150,000). Therefore, you will only recover 90 percent of your award or $450,000.

Who Can Be Held Liable for a Truck Accident?

After a truck accident, the following parties are commonly liable:

• The Truck Driver: If the truck driver’s negligence led to the accident, they might be liable for damages. For instance, driving while distracted, intoxicated, or after intentionally violating federal hours-of-service regulations that limit how long truckers can drive without a break.
• The Trucking Company: When their negligence contributed to the accident, such as hiring an inexperienced driver, failing to provide adequate training, failing to schedule regular inspections for their vehicles, etc.
• The Loading Companies: If the cargo loading company failed to ensure the cargo was loaded correctly, resulting in a collision. For example, when cargo is not secure or loaded unevenly, a cargo shift or falling cargo can lead to an accident.
• Mechanics: If negligent repairs were made, the mechanic might be partially responsible for the collision. For instance, installing incorrect parts, making the wrong repairs, etc.
• Defective Parts Manufacturer: If the truck’s design is inherently dangerous or contains a defective part that leads to the collision, the truck’s manufacturer may be liable. (e.g., defective tires, brake failure, electrical issues)

Holding multiple parties accountable requires thorough investigation and a strong, evidence-based case.