Nebraska cities such as Omaha and Lincoln see an incredible amount of commercial vehicle traffic due to their location on major thoroughfares such as I-80 and Highway 30.
Because of the high traffic volumes, commercial vehicle accidents are not uncommon on these roads.
So, what are the options for drivers who get in a commercial truck accident? And how can they protect their right to compensation with the help of a truck accident lawyer?
At Berry Law, we make it easy to understand what to know about commercial vehicle accidents to ensure all injured parties can confidently pursue a personal injury claim or lawsuit against negligent truckers or trucking companies.
Our goal with this learning resource is to provide detailed insight into commercial truck accidents, who can be held liable, and what an injured party may receive if they choose to file a claim for damages.
What is Considered A Commercial Truck?
Commercial trucks are any vehicle used to transport goods or passengers, including but not limited to:
- Semi-trucks
- Delivery trucks
- Box trucks
- Tanker trucks
- Dump trucks
- Tow trucks
- Construction vehicles
If any of these vehicles has caused harm or damage to a person or vehicle, it is imperative to contact a truck accident lawyer to ensure that the claims process is handled with care and precision.
What Accidents Do Commercial Trucks Cause?
Commercial vehicles can cause a variety of accidents, ranging from minor fender benders to catastrophic collisions. Some common types of commercial truck accidents include:
- Rear-end collisions: Due to their large size and weight, commercial trucks require more time and distance to come to a complete stop. If the driver is not paying attention or fails to brake in time, this can lead to rear-end collisions.
- Jackknife accidents: This type of accident occurs when a semi-truck trailer swings out at a 90-degree angle from the cab, resembling the shape of a folding pocket knife. This often happens due to sudden braking or loss of control.
- Rollover accidents: Due to their high center of gravity, commercial trucks are more prone to rollover accidents. Speeding, sharp turns, or unstable cargo can cause these accidents.
- Blind spot accidents: Commercial trucks have large blind spots on all sides, making it difficult for drivers to see small vehicles. This can result in collisions if the truck driver fails to properly check their blind spots before changing lanes or making a turn.
- Backing accidents: When a commercial truck is backing up, it can be difficult for the driver to see behind them. This can lead to collisions with other vehicles or pedestrians.
These accidents cause severe injuries, exorbitant medical bills, and diminished quality of life for accident survivors and their families.
When they occur, it is essential to have a truck accident lawyer fight for maximum compensation for damages and losses.
Who Is At Fault In A Commercial Truck Accident?
Many parties may hold some responsibility for a commercial truck accident, including:
- Truck driver: If the truck driver was negligent in their actions, such as driving under the influence or texting while driving, they may be liable for the accident.
- Trucking company: The company that owns and operates the truck can also be held responsible if it fails to properly train its drivers, maintain its vehicles, or comply with safety regulations.
- Manufacturer: If a defective part or component of the truck caused the accident, the manufacturer may be liable for damages.
- Other drivers: Sometimes, other road users may contribute to a commercial truck accident by driving recklessly or making dangerous maneuvers that force the truck to swerve or brake suddenly.
- Cargo loaders: Improperly loaded or secured cargo can cause a truck to lose balance and lead to an accident. If this is determined to be the cause of the accident, the agency responsible for loading the cargo may be held liable.
No matter who is at fault, working with a truck accident lawyer who can thoroughly investigate the accident and determine liability is essential.
This will help ensure that all responsible parties are held accountable for their actions and that the injured party receives the compensation they deserve.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
How Do I Know If I Have A Valid Claim To Compensation After A Commercial Truck Accident In Nebraska?
To determine a claim’s validity, consult with a truck accident lawyer. They can evaluate the details and advise the appropriate legal options. Factors that may contribute to a valid claim include:
- Negligence: The claim may be valid if the other party involved in the accident acted negligently, causing bodily harm or damage.
- Damages: Those who have suffered physical injuries, emotional distress, property damage, or loss of income due to the accident may have a valid claim to compensation.
- Statute of limitations: In Nebraska, there is a statute of limitations for personal injury cases, which means injured parties have only four years from the accident date to file a claim.
Gathering evidence, such as police reports, medical records, and witness statements, is crucial to proving a claim is valid. A truck accident lawyer can help with this process and build a strong case for maximum compensation.
What Damages Are Recoverable In A Personal Injury Lawsuit
Truck Accident Injures
Medical expenses and related costs for truck accident injuries are recoverable in a personal injury claim or lawsuit. This includes minor and catastrophic injuries commonly sustained in these accidents, such as:
- Broken bones
- Spinal cord injuries
- Traumatic brain injuries
- Whiplash and other neck injuries
- Burns and lacerations
Successful settlements negotiated by experienced truck accident lawyers have seen claimants compensated for the current and future costs of these injuries.
Lost Wages and Diminished Earning Potential
Injuries sustained in commercial truck accidents can often prevent injured parties from returning to work, either temporarily or permanently.
In these cases, a personal injury claim or lawsuit may also include lost wages and diminished earning potential.
To successfully recover these damages, it is essential to have documentation and evidence of income before and after the accident, as well as any medical restrictions that prevent them from returning to work.
Non-Economic Damages
Truck accident damages often extend into less tangible areas, such as pain and suffering, emotional distress, and loss of enjoyment of life. These non-economic damages may also be recoverable in a personal injury claim.
In Nebraska, there is no cap on these damages. However, they will be based on multiple factors including but not limited to:
- Severity of injuries
- Impact on daily life and relationships
- Length of recovery and potential for future complications
Working with a truck accident lawyer who can properly assess these damages and fight for maximum compensation is essential.
Wrongful Death Damages
It isn’t uncommon for catastrophic truck accidents to cause fatalities. Nebraska law allows for surviving family members to file a wrongful death claim against the responsible party for damages such as:
- Medical and funeral expenses
- Loss of financial support from the deceased
- Loss of companionship, guidance, and support
To pursue a wrongful death claim, it is important to have strong evidence and legal representation to prove that negligence or wrongdoing caused the accident and resulting death.
What Should I Do After A Commercial Truck Accident?
Contact a truck accident lawyer.
The sooner a lawyer gets involved, the easier it will be to gather evidence and build a strong case for maximum compensation. A truck accident lawyer can also handle communications with insurance companies and other parties involved, protecting the rights and best interests of injured parties or their families.
Seek additional medical attention.
No matter what initial on-scene medical assistance was received, it is important to seek additional medical attention. Symptoms of injuries may not appear immediately after an accident, and proper documentation of all injuries is crucial for a successful personal injury claim or lawsuit.
Document the accident.
Gather as much evidence as possible from the accident scene, including photos, witness statements, and police reports. This can help prove liability and strengthen a case. If accident injuries make this process impossible, rely on experienced lawyers to obtain this evidence.
Follow all medical and legal advice.
Following recommended medical treatments and complying with legal advice can help ensure a successful claim. Failing to do so may weaken the case and potentially lower compensation.
Do not talk to insurance companies without legal representation.
Insurance companies are notorious for trying to settle claims quickly and for minimal compensation. It is important to have a truck accident lawyer handle all communications with them to ensure that no unscrupulous tactics are used to weaken or deny a claim.
Avoid posting on social media.
Anything posted on social media can potentially be used against injured parties in a personal injury case. This includes making statements about the accident, posting photos, or discussing medical treatments. It also includes posting photos of physical activities or events that may be interpreted as contradicting the severity of injuries.
Commercial Truck Accidents FAQ
Where do commercial truck accidents occur most frequently in Nebraska?
Commercial truck accidents can occur on any road or highway in Nebraska. However, some areas may have a higher frequency of these accidents due to high traffic volume, construction zones, or challenging road conditions. Some common locations for commercial truck accidents in Nebraska include major interstates and highways such as I-80 and US77, as well as busy city streets and rural roads.
Will I have to go to court for a commercial truck accident case?
Not necessarily. Many personal injury cases, including commercial truck accidents, are settled outside court through negotiations. However, if an appropriate settlement cannot be reached, the case may need to go to court for a judge or jury to decide on compensation.
Can I handle a truck accident case on my own?
It is not recommended to handle a truck accident case alone. Commercial truck accidents can be complex and often involve multiple parties, such as the driver, trucking company, and insurance companies. Having an experienced truck accident lawyer can greatly increase the chances of successfully navigating these legal complexities and obtaining maximum compensation for damages.
Are drivers allowed to use their phones while operating a commercial truck?
No, it is against federal regulations for commercial truck drivers to use their phones while operating a vehicle. This includes texting, making phone calls, and using other electronic devices that may distract the driver. Violating this regulation can result in hefty fines and penalties for drivers and trucking companies.
What is the best way to preserve evidence after a commercial truck accident?
Filing an anti-sploitation letter is highly recommended. This ensures that all potential evidence, such as truck maintenance records or driver logs, are preserved and cannot be destroyed by the involved parties. An experienced truck accident lawyer can assist in filing these letters to ensure injured parties have a strong case for maximum compensation.
Involved In A Commercial Truck Accident? Trust Berry Law To Provide Comprehensive And Compassionate Legal Support
No one expects to get into a commercial truck accident, but when it happens, having the right legal support can make all the difference in obtaining appropriate compensation for damages.
At Berry Law, we have decades of experience handling commercial truck accident cases. Our award-winning team can provide comprehensive and compassionate legal support that sees truck accident cases successfully settled to include all damages sustained.
Contact a truck accident lawyer for a confidential case evaluation to learn more about securing maximum compensation for damages and losses.
