Why Do Semi Truck Accidents Cause Deaths In Nebraska?
Commercial trucks are a big part of our economy, but their size and cargo can come with risks. For instance, when hazardous materials are involved, the potential for consequences can increase. However, even without hazardous materials, accidents involving large trucks can have a catastrophic impact on families and communities.
In Nebraska, a state with a significant highway and interstate system, truck accidents tend to be a concerning issue, particularly on I-80. When loved ones are gone after a semi truck fatal crash, many grieving families often have questions about why these types of accidents occur.
At Berry Law, our truck accident lawyers want to support you during this difficult time by not only offering legal help but also exploring the causes of semi-truck accidents that result in deaths in Nebraska.
Semi-Truck Accidents Explained
The sudden loss of a loved one in a semi-truck collision can create a deep void, filled with many questions. In the face of such grief, understanding the potential forces involved can offer some comfort. It’s not about justifying the loss but acknowledging the physical forces that played out in that moment.
Human Factors: Fatigue, Speed, and Errors
In addition to the risks associated with semi-trucks, truck drivers can have a significant impact on causing accidents due to factors such as:
- Driver Fatigue: The demanding nature of long hours on the road can cause fatigue, affecting a truck driver’s judgment and reaction times.
- Speeding: The constant pressure to meet deadlines and navigate demanding schedules can lead truck drivers to push the accelerator past legal limits. This transforms speed into a silent yet potent weapon on the road.
- Distracted Driving: Whether enticed by technology or navigating through fog, distracted driving adds another layer of vulnerability. It diverts attention from the road, contributing to potential hazards.
- Cargo Issues: Improper cargo loading or unsecured loads can unexpectedly spill onto the road, turning the drive into a chaotic obstacle course. These hazards pose unforeseen challenges for both the truck driver and other people on the road.
Factors Involved in Semi Truck Wrongful Death Accidents
To be considered a wrongful death semi truck accident in Nebraska, several factors must be present:
- Negligence: The accident must have been caused by the negligence of the truck driver, the trucking company, or another party involved. Negligence can encompass a wide range of actions, such as traffic law violations, truck maintenance issues, and violation of trucking company policies.
- Damages: The surviving family members must have suffered some form of damage due to the death. This can include:
- Economic damages: Lost income of the deceased, medical expenses, funeral and burial costs.
- Non-economic damages: Pain and suffering, emotional distress, loss of companionship, and loss of consortium.
Additional Factors:
- Multiple defendants: In some cases, multiple parties may be held liable for the accident. This could include the truck driver, the trucking company, a maintenance company, or even the manufacturer of the truck or its parts.
- Shared fault: If the deceased was also partially responsible for the accident, their compensation may be reduced.
- Complexity of cases: Truck accident cases can be complex and involve extensive evidence gathering, witness testimony, and negotiations with insurance companies.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Steps To Take After a Wrongful Death Semi-Truck Accident in Nebraska
The pain of losing a loved one in a sudden accident, especially one involving a large truck, is unimaginable. While the shock and grief may seem overwhelming, remembering important steps can help you protect your rights and navigate this difficult journey.
1. Prioritize Emotional Support:
Losing someone in such a traumatic way takes a toll on your emotional well-being. Don’t hesitate to seek support from trusted friends, family, or grief counselors. Their presence and understanding can alleviate some of the emotional burden.
2. Understand Your Legal Options:
In Nebraska, wrongful death claims can be filed by a court-appointed representative, usually a spouse, child, or parent of the deceased. An experienced attorney can guide you through this process, explain your rights, and help you understand the potential damages you may be entitled to, such as:
- Medical expenses incurred before and after the accident
- Lost income and future earning potential
- Pain and suffering endured
- Funeral and burial costs
3. Gather Information:
Even if it’s been a few days, gather any available information related to the accident, including:
- Copies of the police report
- Witness statements
- Medical records of the deceased, both before and after the accident
- Photos of the accident scene, if obtainable
4. Seek Legal Help:
Talking to an experienced wrongful death attorney specializing in truck accidents can make all the difference. They can investigate the accident, identify liable parties (which could include the truck driver, trucking company, cargo company, or maintenance provider), negotiate with insurance companies, and represent you in a lawsuit if necessary. Your lawyer will handle the legal parts while you focus on your loss.
5. Take Care of Yourself and Your Family:
This emotional journey requires prioritizing your well-being and that of your family. Take time to grieve, lean on those who care about you, and allow yourself to heal. Your attorney can handle the legal matters, allowing you to focus on yourself and your family’s needs.
Remember, you’re not alone. Taking these steps can help you with the legal process, understand your rights, and eventually begin to rebuild your life after such a devastating loss.
What is the Time Limit for Filing a Truck Accident Wrongful Death Claim?
The statute of limitations for filing a wrongful death claim after a truck accident in Nebraska is generally two years from the date of the accident. However, this deadline may be altered depending on the facts of the case. Due to the statute of limitations, it’s better to act as soon as possible for several reasons:
- Evidence preservation: Memories fade and evidence disappears over time. Starting your claim sooner than later allows your attorney to gather vital evidence while it’s fresh and intact.
- Thorough investigation: Building a strong case takes time. Investigating the accident and anticipating the opposition’s defense requires a head start.
Keep in mind that talking to an experienced wrongful death attorney in Nebraska can help you understand your exact legal options. They can guide you through the process and ensure you meet all requirements.
Find Relentless Support at Berry Law
Berry Law has helped countless clients for over 55 years. Our skilled personal injury attorneys understand the devastation of sudden loss and the struggle for justice in the face of tragedy. If a semi-truck accident has impacted you or your family, you’re not alone.
Our relentless legal team is here to advocate for you and your loved one’s rights after a truck fatal accident. Let our truck accident lawyers help you reclaim your strength, one step at a time.