It is understandable for victims of truck accidents to feel scared. After all, even the smallest truck or commercial vehicle dwarfs any typical passenger car. As a result, the occupants of these smaller vehicles are often lucky to be able to walk away from an accident involving a commercial truck or tractor trailer.
Truck drivers have the same obligations as all other motorists to operate their vehicles in a safe and responsible manner. In fact, 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 act otherwise negligently, have the right to demand compensation.
An Omaha truck accident lawyer could help you hold negligent truckers and their companies responsible for their actions. Our aggressive injury attorneys could work to investigate the accident, take care of the mountains of paperwork, and represent your interests in whatever form the next battle may take, whether it is settlement negotiations or a fight in court.
Rules Governing Proper Truck Driving
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. As a result, if a trucker causes an accident by speeding, ignoring a stoplight, or failing to yield the right-of-way to another driver, that truck driver may be held civilly at fault.
There are rules that govern how trucks can operate on the federal highway system as well. Specifically, federal law establishes regulations for 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.
A plaintiff in a truck accident case typically needs to prove that the trucker’s driving placed them in danger. In other words, they must prove that the trucker violated their duty to protect their wellbeing. An Omaha truck accident attorney could help effectuate this effort by working to gather key evidence in the case, applying that evidence to relevant Nebraska state and federal trucking laws, and demonstrating that the defendant trucker was negligent by the legal definition of the term.
Determining Who is At-Fault for a Truck Accident
Truck accidents can create unique situations for an injured individual. In a common car accident, the defendant is almost always the person driving the at-fault vehicle. This can also be the case in truck accidents.
However, in many truck accident scenarios, the truck driver is an employee of a freight company. In this situation the parent company may also be held responsible for damage caused. This especially applies when the truck was overweight as per the company’s instructions, or when the company applied strict deadlines that flouted the federal hours regulations.
Regardless of the defendant in a claim, it is critical to file such a case on time. Nebraska law strictly limits when a plaintiff can ask a court to hear a personal injury case.
Known as the statute of limitations, Nebraska Revised Statutes §25-207 states that an injured plaintiff has only four years from the date of their accident to file a claim. Truck accident cases can be complex, so it is important to act immediately to secure representation from a truck accident lawyer in Omaha.
An Omaha Truck Accident Attorney Fights for the Injured
A truck accident can cause severe, life-altering injuries under even the most fortunate of circumstances. While a rare few incidents may leave a victim with only cuts and scrapes, the typical truck crash can result in permanent injuries to limbs or vital organs.
People injured due to the negligence of truck drivers have the right to compensation for their losses. This can include payments for not just medical bills, but also for lost wages and mental anguish.
An Omaha truck accident lawyer from Berry Law could lead the way in your pursuit for compensation. They could work diligently to collect the necessary evidence, place that evidence within the framework of the law, and represent your interests in settlement negotiations and trials. There is a limited time to file a case, so do not delay. Call today to let our innovative and powerful legal team get to work for you.