Commercial truck accidents often involve multiple potentially liable parties, the driver, the trucking company, the vehicle manufacturer, a maintenance contractor, and others. In most Nevada personal injury cases, you can only recover from each defendant up to their share of fault. But under certain circumstances, a legal doctrine called joint and several liability may allow you to recover your full damages from any single defendant, regardless of how fault was divided.

Understanding when this doctrine applies, and who might be liable, can significantly affect your ability to obtain full compensation after a serious truck accident.

How Nevada handles fault in multi-defendant cases

Nevada follows a comparative negligence system. If you’re found to be more than 50% at fault for an accident, you cannot recover any damages. If your share of fault is 50% or less, you can still recover, but your damages will be reduced proportionally.

Nevada also applies what’s called several liability in most negligence cases. Under several liability, each defendant is only responsible for their percentage of fault – nothing more. For example, if three parties are each found 33% liable for your injuries and you have $100,000 in damages, you could collect a maximum of roughly $33,000 from each defendant.

This becomes a problem when one of the liable parties lacks insurance or assets to pay. Under several liability, you’re simply out of luck for that defendant’s share.

What is joint and several liability?

Joint and several liability changes the equation. When it applies, you can recover your entire judgment from any defendant who is jointly and severally liable—even if that defendant was only partially at fault.

Using the same example: if joint and several liability applied and one of the three defendants couldn’t pay, you could recover the full $100,000 from either of the remaining defendants. The defendant who pays more than their share can later seek contribution from the other liable parties, meaning they can request one of the other defendants reimburse them for damages. This is a separate issue between those defendants and would not likely involve you.

When does joint and several liability apply in Nevada?

Nevada has largely abolished joint and several liability for ordinary negligence claims. However, it still applies in limited circumstances that can be relevant to commercial trucking accidents:

Strict liability for defective products. If a defective truck component—a faulty brake system, a defective tire, a malfunctioning engine part—contributed to your accident, joint and several liability may apply to the manufacturers and distributors in the product’s chain of distribution.

Toxic torts. If you were exposed to hazardous materials being transported by the truck and that exposure caused you harm, joint and several liability may apply.

Intentional torts. If the conduct causing your injuries was deliberate rather than merely negligent, joint and several liability may apply. This is less common in trucking cases but could arise in certain circumstances.

Who can be held liable in a multi-defendant truck case?

Even when joint and several liability doesn’t apply, identifying all potentially liable parties is critical to maximizing your recovery. In a commercial trucking case, liable parties may include:

The truck driver; the trucking company or motor carrier; the owner of the truck (if different from the carrier); the company that leased the truck; parts suppliers and manufacturers; the maintenance contractor responsible for the vehicle; the party that loaded the cargo; other motorists involved in the accident; and government entities responsible for road design or maintenance.

Each of these parties may carry separate insurance policies, creating multiple potential sources of recovery.

Why working with an experienced truck accident lawyer matters

Multi-defendant truck cases are complex. Determining which parties are liable, what percentage of fault each bears, whether any exceptions to several liability apply, and how to navigate multiple insurance claims requires careful investigation and legal analysis. An experienced truck accident lawyer can help you identify all liable parties, assess whether joint and several liability might apply, negotiate with multiple insurance companies, and pursue full compensation for your injuries.

Contact an experienced Nevada truck accident lawyer today

At Claggett & Sykes Trial Lawyers, we have helped thousands of people across Las Vegas and Nevada obtain fair settlements and verdicts for the accidents they have suffered.

Use our contact form to schedule a free consultation with one of our truck accident lawyers today. We are ready to help.