Truck drivers obtain specific licenses to operate their vehicles on the road. This means that a truck driver is supposed to have the training to safely navigate an oversized vehicle from Point A to Point B. Unfortunately, truck drivers can fall victim to unbalanced cargo, poor weather, and sometimes, their own negligence, and you can suffer as a result.
Truck accident victims have the right to pursue legal action against the parties responsible for their losses. Contact Berry Law to schedule a personal injury case consultation with a truck accident lawyer. We relentlessly pursue the damages you deserve in either truck accident settlement negotiations or a civil trial.
What does a Truck Accident Lawyer Do?
Truck accident lawyers provide you with legal guidance in the wake of a severe accident. You can talk to a truck accident attorney about the nature of your accident as well as what right you may have to damages. In turn, an experienced team guides you through the process of filing a truck accident claim.
Most importantly, truck accident attorneys give you the space and time you need to recover from an accident without compromising your right to legal action. You must file a truck accident claim on a deadline. That deadline can feel unnecessarily rushed, though, if you’re contending with severe injuries or trying to get back to work.
Our team steps in and see your case through without forcing you to forgo work or your other obligations.
When Should You File a Truck Accident Claim?
The deadline by which you should file a truck accident claim with a civil court varies by state. Nebraska outlines its personal injury statute of limitations in Nebraska Revised Statute section 25-207. This statute’s second and third quantifiers state the following:
“The following actions can only be brought within four years…(2) an action for taking, detaining or injuring personal property, including actions for the specific recovery of personal property; (3) an action for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated….”
This means that Nebraska residents have four years to act on truck accident losses. Comparatively, Iowa defines its statute of limitations in Iowa Code section 614.1. This statute specifically states that:
“Actions may be brought within the times limited as follows, respectively, after their causes accrue, and not afterwards, except when otherwise specially declared…Injuries to person or reputation. Those founded on injuries to the person or reputation, including injuries to relative rights, whether based on contract or tort, or for a statute penalty, within two years.”
This means that Iowa residents have only two years to act on their losses. Failure to submit a claim within each state’s respective personal injury statute of limitations may see the injured party waive their right to legal action in the wake of a truck accident. However, please note that there are circumstances where a shorter or longer timeline may apply, which is why it is important to speak with an attorney right away about the specific facts of your case.
What Information do You Need to File a Truck Accident Claim?
When you move to file a truck accident claim, your claim must address the following questions:
- Who do you hold responsible for your accident?
- What evidence of roadway negligence do you have defending your assertion of fault?
- What losses did you or a loved one endure in your truck accident?
- What evidence of those losses do you have on hand?
Who do You Hold Liable for a Truck Accident?
The party you hold liable for a truck accident varies depending on the contracts that exist between a driver and a corporation. Drivers who operate as employees under a corporate banner often see that corporation step in to protect them from lawsuits. Independent contractors must represent themselves.
You can count on a truck accident attorney to determine what impact contracts have on who you name liable for your losses. Beyond that, it’s our responsibility to look at the evidence of negligence available at the scene of your accident and determine what story it tells. You must be able to defend your assertion of negligence if you want your complaint to move forward.
How Can You Request Damages For Commercial Truck Accident Losses?
You request damages for your truck accident losses in your personal injury claim. You must present evidence of your losses, usually in the form of invoices, bills, or related documents, if you want to defend their value. You should also be prepared to present evidence tying the damages you argue for back to your accident.
The damages you may be entitled to after a truck accident break down into two categories: economic and non-economic. Non-economic damages do not generate invoices or bills. Rather, you can work with an attorney to determine their value. These losses range from pain and suffering to emotional distress and can, in some cases, cover wrongful death.
Your economic truck accident losses are more concrete. These may include the cost of your post-accident medical bills as well as your:
- Property restoration or replacement
- Lost wages
- Lost opportunities to pursue employment
- At-home assistance
If a loved one dies in a truck accident, you may include their funeral costs in your demand for damages. You can discuss which of these damages you qualify for and how to defend your right to them during a free initial consultation with Berry Law’s truck accident lawyers.
Berry Law Defends Your Right to Legal Action After a Truck Accident
You don’t have to let a truck accident devastate your financial plans. You have the right, as a truck accident survivor, to bring your losses to a judge’s attention. You can connect with a truck accident attorney today to discuss the process of filing a truck accident claim and thus naming the party liable for your losses.
Berry Law wants to help you relentlessly fight for the damages you need to recover from a truck accident today. We offer our personal injury services on contingency, so we only get paid if we win your case. You can contact us today by calling our office or reaching out online to discuss what steps you can take to initiate legal action against the party responsible for your losses.