In order to determine fault in a truck accident case you look at the facts and circumstances of the accident to decide whether the driver was driving reasonably or not. That is an important distinction between an automobile accident and a trucking accident; when looking at how safely a trucker was driving, we look to Nevada’s and federal trucking regulations. It is a guide for whether or not his conduct was reasonable or not.
The Negligence of the Driver and the Trucking Company
Some trucking companies often give truck drivers an unrealistic timeframe to get from point A to point B. When establishing fault for a truck accident, you are looking at the possible negligence of the truck driver, but you are also looking at the trucking company and determine whether or not they adequately trained their drivers to understand the federal regulations
How is a commercial truck defined?
A commercial truck is a bigger truck than a standard pickup truck and is used for business purposes.
Intrastate and Interstate Trucking Regulations
The difference between intrastate and interstate is as follows:
- Interstate – business travel between different states
- federal regulations apply because the trucking company must comply with trucking regulations that affect more than one state
- Intrastate – business travel within Nevada
- The trucking company has to comply with the state laws, and I do believe that some of those federal regulations, or most of the federal regulations also apply to intrastate.
It is a clear distinction if they are going between state to state and they have to follow the federal trucking regulations.
You need the cause of the accident and you need to trace it back to whether or not the cause of the accident was a result of violation of a statute or regulation. If the driver was simply driving negligently, you don’t need violation of a statute to make your case.
However, if you have a violation of a statute or regulation that are implemented for the safety of others, as is the case with federal trucking regulations, it shows to a certain extent a conscious disregard for the safety of others.