Can You Sue the Trucking Company in Addition to the Truck Driver?

Truck accidents often cause severe injuries and substantial financial losses. While the truck driver is usually the most visible party involved, liability does not always stop there. In many Nevada cases, the trucking company may also be legally responsible for the crash.

Whether the company can be sued depends on the circumstances of the accident, the driver’s relationship to the company, and whether the company itself contributed to the events that caused the collision.

This guide explains who you can hold responsible after a Las Vegas truck accident, how Nevada and federal law assign liability, what to do if you were partly at fault, and how long you have to act.

Who Can You Sue After a Nevada Truck Crash?

Truck cases often involve more than two parties. Depending on how the crash happened, the responsible parties can include:

• The driver, for negligent driving.
• The trucking company, as the driver’s employer or through its own negligence.
• A maintenance contractor, if poor repairs caused a failure.
• The cargo loader or shipper, if an unsecured or overloaded load contributed.
• A broker or freight company, in some arrangements.
• A parts manufacturer, if a defective component failed.

More responsible parties usually means more insurance coverage available to pay for your injuries, which is exactly why identifying every defendant matters.

Vicarious Liability: When the Trucking Company Is Responsible for the Driver

One of the most common ways a trucking company can be held liable is through the legal doctrine of respondeat superior, or vicarious liability. Under Nevada law (NRS 41.130 and NRS 41.745), employers are generally responsible for the negligence of employees acting within the scope of their job duties. If a truck driver causes a crash while performing work-related duties, the trucking company may also be liable for the resulting damages.

Liability is not always limited to the driver’s actions. A trucking company may also be directly responsible for its own negligence. Examples include hiring unqualified drivers, providing inadequate training, failing to properly maintain vehicles, or encouraging practices that violate safety regulations and increase the risk of a crash.

Employee vs. Independent Contractor

Trucking companies sometimes argue that a driver was an independent contractor, not an employee. However, the label alone does not determine liability. Nevada courts look at the actual working relationship, including the degree of control the company exercised over the driver’s work.

Relevant factors may include who controlled the driver’s schedule, equipment, routes, and safety requirements. Federal motor carrier regulations can also be important when evaluating the relationship between a driver and a carrier.

If the company exercised significant control over how the work was performed, it may still be held responsible for the driver’s conduct, regardless of how the relationship was described in a contract.

How a Trucking Company Is Directly Negligent

Trucking companies must follow federal and state safety rules, including those set by the Federal Motor Carrier Safety Administration (FMCSA). When they cut corners, they can be held directly liable:

Negligent hiring and training

Companies are expected to vet drivers. Red flags of negligent hiring include a history of moving violations, prior DUIs, failed drug tests, gaps in commercial driver’s license qualifications, or inadequate training for the vehicle. Hiring or keeping a driver despite those warnings can make the company liable.

Failure to maintain vehicles

Commercial trucks require regular inspection and maintenance. When brakes, tires, lights, or other critical components are neglected, the risk of a serious crash increases.

Hours-of-service (HOS) violations

Federal rules limit how long truck drivers can stay on the road without adequate rest. Companies that encourage or tolerate violations can contribute to fatigue-related accidents.

Improper loading and cargo issues

Overloading a truck or failing to secure cargo can cause rollovers, jackknifes, and spills. When any of these is present, both the driver and the company may share the blame.

The Evidence That Can Make or Break a Truck Accident Case

Truck accident claims often depend on records controlled by the trucking company. Some of the most important evidence includes:

• Black box and electronic logging device (ELD) data showing speed, braking, and driving hours.
• Hours-of-service logs documenting compliance with federal driving limits.
• Maintenance and inspection records for the truck and trailer.
• Driver qualification files containing employment, training, and safety information.

The challenge is that these records are not kept forever. Federal regulations and company retention policies may allow certain documents to be deleted or overwritten after a specified period.

For that reason, preserving evidence is often one of the first steps in a truck accident claim. Attorneys commonly send a preservation, or spoliation, letter soon after a crash, requiring the company to retain records that may be relevant to the case.

What If You Were Partly at Fault?

Under Nevada’s modified comparative negligence rule (NRS 41.141), you can still recover damages as long as you are 50% or less at fault. Your compensation is simply reduced by your share of responsibility.

For example, if your damages total $100,000 and you are found 20% at fault, your recovery would be reduced to $80,000. You lose the right to recover only if your fault exceeds 50%.

When multiple parties share responsibility, identifying all liable parties can be important. In addition to the driver, the trucking company may also be responsible, which can affect the insurance coverage available to satisfy a claim.

When the Trucking Company May Not Be Liable

The trucking company is not responsible for every crash involving one of its drivers. If the driver was acting outside the scope of employment, such as using the vehicle for personal reasons or engaging in conduct unrelated to work, liability may rest solely with the driver.

The same can be true when the driver is a genuine independent contractor rather than an employee, although the actual working relationship matters more than the label in the contract.

Compensation and Time Limits

Truck accident claims can seek recovery for medical expenses, lost income, future treatment costs, property damage, and pain and suffering. In cases involving extreme misconduct, punitive damages may also be available under NRS 42.005.

Most Nevada truck accident lawsuits must be filed within two years of the crash under NRS 11.190. Exceptions exist, including some claims involving minors, later-discovered injuries, or government entities. Missing the deadline can permanently bar recovery.

Examples of Shared Liability

Frequently Asked Questions

Can I sue both the truc k driver and the trucking company?

Often, yes. If the driver was working for the company at the time of the crash, or if the company contributed to the crash through its own negligence, both may be held liable.

Can I still sue if I was partly at fault, like if I was speeding?

Yes. Under Nevada’s NRS 41.141, you can recover as long as you’re 50% or less at fault. Your award is reduced by your share. For example, 20% fault on a $100,000 claim leaves $80,000.

What if the company says the driver was an independent contractor?

The label alone does not decide liability. Courts look at the actual working relationship and the degree of control the company exercised over the driver.

What evidence proves the trucking company is liable and how fast does it disappear?

Black box/ELD data, driver logs, and maintenance and hiring records. Under FMCSA rules, HOS logs are kept for about 6 months, maintenance records for about 1 year, and the driver-qualification file for about 3 years, so a preservation letter should go out promptly.

How long do I have to sue a trucking company in Nevada?

Generally two years from the crash under NRS 11.190, with exceptions for later-discovered injuries, minors, and government-involved claims.

Can I recover punitive damages from a trucking company?

Possibly, where the conduct was especially reckless. Nevada caps punitive damages under NRS 42.005, generally at three times compensatory damages.

Can I sue an out-of-state trucking company in Nevada?

Usually yes, if the crash happened in Nevada. Depending on the amount in dispute and the parties, the case may proceed in state or federal court. A lawyer can advise on where to file.

Conclusion

After a truck accident, the driver is not always the only party responsible. Depending on the facts, liability may extend to the trucking company itself, whether through its relationship with the driver or its own decisions involving hiring, training, supervision, maintenance, or safety compliance.

Identifying every liable party and preserving key evidence early can make a significant difference in the outcome of a claim.

Gina Corena & Associates knows Nevada trucking law and how to move fast on the evidence. If you or a loved one was hurt in a truck accident, reach out for a free consultation.