Truck accidents can be catastrophic. The smallest commercial vehicle dwarfs a typical passenger car. While truckers are required by law to operate their vehicles in a safe manner, drivers are human, and accidents happen. Some of the attorneys and staff at Berry Law worked in transportation and trucking units in the military and know how these accidents can happen, even when truck drivers are properly trained.
Truck drivers have the same obligations as all other motorists to operate their vehicles safely and responsibly. There are federal rules concerning the maximum allowable weight on federal highways and the total number of hours per day that a trucker can travel. People injured by truckers who choose to break those rules or who act negligently have the right to demand compensation for their injuries.
An Omaha truck accident lawyer can help you hold negligent truckers and their employers responsible for their actions. Our aggressive injury attorneys can work to investigate the accident, take care of the paperwork, and represent your interests in whatever form the next battle may take, whether it is negotiations over a settlement or a fight in court.
Rules for Safe Truck Driving in Omaha
In addition to undergoing extensive testing and obtaining a special license, truck drivers must follow the same rules of the road as all other motorists. So, if a trucker causes an accident by speeding, running a stoplight, or failing to yield the right-of-way to another motorist, that truck driver may be held liable.
Certain rules govern how trucks can operate on the interstate highway system, as well. Federal law establishes regulations for managing aspects of long-haul trucking, like the maximum allowable weight for the trailer and the number of hours a trucker may drive in any given day or week.
As the plaintiff in a truck accident case, you will need to prove that the trucker’s driving placed you in danger. In other words, you must prove that the trucker violated their duty to protect your well-being. A local attorney can work to gather key evidence in your truck crash case, applying that evidence to relevant Nebraska state and federal trucking laws, and demonstrating that the trucker’s negligence caused the accident.
Determining Who is at-Fault for a Truck Crash
Accidents involving commercial vehicles can create unique situations for an injured individual. In a common motor vehicle collision, the defendant is almost always the person driving the at-fault vehicle, which is usually the case in truck accidents as well.
However, in many truck accident scenarios, the truck driver is an employee of a freight company, in which case, the parent company may also be held responsible for damage caused to you. This especially applies when the truck was overweight per the company’s instructions or when the company applied overly strict deadlines that flouted the federal regulations for the number of hours a trucker can drive in any given day or week.
Regardless of the defendant in a claim, it is critical to file a case on time. Nebraska law strictly limits when you can ask a court to hear a personal injury case. For this reason, it is important to consult with an attorney who is familiar with litigating commercial truck accident claims in Omaha.
The statute of limitations gives injured persons 4 years from the date of the accident to file a claim. If you fail to submit a claim on time, you may be barred from seeking any compensation.
What Damages May be Claimed in a Truck Accident Injury Case?
The types of damages you may be entitled to recover in a truck accident claim will depend on the facts of your particular case. The three main types of damages that may be awarded in a truck accident injury case are economic, non-economic, and punitive damages.
Economic damages are definitive costs related to a truck accident and can include emergency room visits, physical therapy, surgery expenses, and the ambulance ride. Non-economic damages are not as specific and can include things like the future wage loss you will experience because of your injuries, emotional anguish, and pain and suffering.
Punitive damages are only awarded in extraordinary circumstances. If, however, the defendant truck driver, truck company, or other responsible party’s negligence was egregious, the court may award punitive damages to punish the defendant for their negligence.
Do All Truck Accident Claims in Omaha Make it to Trial?
Many truck accident claims in our area are settled outside of court with the at-fault party’s insurance company. Some cases settle right before reaching the courtroom. Court cases can be lengthy and are often very expensive, so out-of-court settlement is usually preferable. However, a commercial vehicle crash claim can still take some time to prepare before settlement is reached.
Omaha Truck Accident Attorneys Fighting for the Injured
A truck accident can cause severe, life-altering injuries under even the most fortunate of circumstances. While a few, rare incidents may leave a victim with only cuts and scrapes, the typical truck crash can result in permanent injuries to limbs or vital organs.
If you were injured due to the negligence of a truck driver, you have the right to pursue compensation for your losses. This can include payments for not just medical bills, but also lost wages and mental anguish.
An Omaha truck accident lawyer from Berry Law can lead the way in your pursuit of compensation. We will work diligently to collect the necessary evidence, place that evidence within the framework of the law represent your interests in settlement negotiations, and fight for you at trial. There is a limited time to file an injury case, so it is important to speak with an attorney as soon as possible. Call Berry Law today to let our innovative truck accident attorneys get to work for you.