As online shopping continues to boom, delivery vehicles are an increasingly common sight on Nebraska roads. Companies rush to get packages to doorsteps as quickly as possible. But this pressure can lead to overworked, undertrained delivery truck drivers and poorly maintained trucks – a dangerous combination. When negligence leads to catastrophic accidents, those who have been hurt deserve justice and compensation. An experienced delivery truck accident lawyer may be able to help.
Someone who suffered a serious injury as a result of a crash involving a delivery truck may be able to file a personal injury claim. Medical bills, lost wages from missed work, and emotional trauma can upend a person’s life after an accident. An attorney can investigate the truck accident to determine who was at fault and fight for compensation to relieve some of the burden.
Laws and regulations governing the commercial trucking industry are complicated. The companies that own and operate delivery trucks have teams of lawyers to protect their interests. Someone injured in a crash needs a skilled truck accident lawyer on their side.
Delivery Truck Accident Guide
- Why Choose Berry Law for a Delivery Truck Accident Claim?
- The Alarming Frequency of Delivery Truck Accidents
- The Severe Toll of Delivery Truck Accident Injuries
- Special Licenses and Regulations for Delivery Truck Drivers
- When Are Delivery Companies Liable for Accidents?
- Possible Compensation for a Delivery Truck Accident
- Pursuing a Delivery Truck Accident Claim in Nebraska
- Time Limits for Filing Nebraska Injury and Death Lawsuits
- Contact Berry Law Today
Why Choose Berry Law for a Delivery Truck Accident Claim?
When a catastrophic crash turns someone’s life upside down, their focus needs to be on healing, not wading through complex legal issues. That’s where the dedicated delivery truck accident attorneys at Berry Law step in.
With decades of experience and a track record of success, Berry Law has the skills and resources to take on powerful delivery companies and their insurers. The firm’s seasoned lawyers understand the intricacies of federal and Nebraska trucking laws. They work tirelessly to investigate the evidence, determine liability, calculate full damages, negotiate with insurance companies, and argue the case in court when needed.
The Alarming Frequency of Delivery Truck Accidents
Consider these sobering statistics:
- More than 1,000 people are injured each year in Nebraska traffic accidents involving a commercial truck, including many local delivery vehicles.
- Delivery trucks weighing over 10,000 pounds were involved in 4,862 injury crashes across the U.S. in a recent year.
- When a delivery truck collides with a passenger vehicle, those in the smaller vehicle suffer the vast majority of deaths and serious injuries.
No one expects to be hurt in a crash with a delivery truck. But the sad reality is that these preventable accidents disrupt thousands of lives annually. Those who are severely injured often face a long, difficult road to recovery, with overwhelming medical bills, lost income from missed work, and physical and emotional pain and suffering.
The Severe Toll of Delivery Truck Accident Injuries
Due to their immense size and weight, delivery trucks can cause horrific damage and injuries in a collision, such as:
- Spinal cord trauma
- Traumatic brain injuries
- Internal organ damage
- Crushed and amputated limbs
- Disfiguring facial injuries
- Broken bones
- Burns
A catastrophic injury can mean a lifetime of medical treatment, surgeries, therapy, and disability. A person’s home and vehicle may need to be modified for accessibility. Home health aides may be needed. Many people can no longer work in their careers. The damages can be immense.
Wrongful Death
In the most tragic cases, a family loses a loved one in a fatal delivery truck accident. While no amount of money can bring back a life cut short, a wrongful death claim can provide crucial financial support and seek accountability. The law allows a spouse, child, or parent to recover damages such as funeral expenses, medical bills, lost income, and loss of companionship.
No matter the type of losses, those harmed by a negligent delivery truck driver or company have a right to seek justice. A personal injury or wrongful death lawsuit can demand maximum compensation for the suffering endured.
Special Licenses and Regulations for Delivery Truck Drivers
Drivers of delivery trucks, including those over 26,000 pounds or carrying hazardous materials, must obtain a commercial driver’s license (CDL) in Nebraska. This requires passing a skills and knowledge test. Random drug and alcohol testing is mandated.
Federal hours of service (HOS) regulations are meant to keep fatigued commercial drivers off the road. They limit driving to a maximum of 11 hours per day for interstate drivers, with required rest breaks. Drivers must log their time. Unfortunately, some companies pressure drivers to skirt these rules to meet tight deadlines. Driver fatigue is a leading cause of delivery truck accidents.
Large delivery trucks over 10,000 pounds are required to have at least $750,000 in liability insurance to cover injuries and property damage. Vehicles transporting hazardous materials must have $5 million in coverage.
Nebraska also has special traffic laws for trucks, including restrictions on using the left lane, requirements for securing cargo, and equipment standards. Violation of any of these regulations is strong evidence of negligence.
When Are Delivery Companies Liable for Accidents?
Delivery companies are responsible for the actions of their drivers in many situations. Some areas a lawyer may identify when investigating negligence on the part of the truck driver or delivery truck company include:
- Whether the driver is an employee rather than an independent contractor.
- When the company failed to properly train the driver or knowingly hired an unqualified or unsafe driver.
- If the company failed to inspect and maintain vehicles in safe condition.
- Whether the company set unrealistic delivery schedules or encouraged drivers to speed, drive tired, or break other traffic laws.
- If there is evidence of improperly loaded or secured cargo that contributed to the crash.
Assessing all the factors to determine liability in a delivery truck accident is complex. An experienced personal injury attorney can conduct a thorough investigation to identify all responsible parties. Large companies and their insurers have teams of lawyers finding ways to avoid accountability and minimize payouts. An injured person needs an aggressive advocate in their corner.
Possible Compensation for a Delivery Truck Accident
When someone is seriously injured or loses their life in a delivery truck accident caused by negligence, they have a right to pursue compensation for the harm suffered. The dedicated attorneys at Berry Law are committed to fighting for the maximum recovery available under Nebraska law, whether through a personal injury claim or a wrongful death action.
Economic Damages
Economic damages encompass the direct financial losses resulting from the accident, such as:
- Medical expenses, including emergency treatment, hospitalization, surgeries, medication, rehabilitative care, and any expected future medical needs related to the injuries.
- Lost wages for time missed from work while recovering.
- Diminished earning capacity, if the injuries prevent the person from returning to their previous job or limit their ability to work and earn at the same level as before.
- Costs to repair or replace property damaged in the accident, such as a vehicle.
In a wrongful death claim, economic damages may also include:
- Funeral and burial expenses.
- Loss of the financial support and benefits the deceased would have provided to their family.
- The monetary value of household services the deceased performed.
Non-Economic Damages
Some of the most devastating consequences of a serious delivery truck accident can’t be easily quantified in dollars. Non-economic damages aim to compensate for these profound impacts, like:
- Physical pain and suffering.
- Mental anguish and emotional distress.
- Disfigurement and scarring.
- Humiliation.
- Disability.
- Loss of enjoyment of life activities.
- Loss of consortium (the loss of companionship and support from an injured spouse).
Calculating non-economic damages is complex, as there are no set formulas or clear documentation like with economic losses. A personal injury lawyer with experience handling delivery truck accident claims understands how to demonstrate the extensive effects of these intangible damages and fight for full and fair compensation.
Nebraska’s Contributory Negligence Law
Nebraska follows a modified contributory negligence rule in personal injury cases. Under this standard, an injured person’s compensation will be reduced by their percentage of responsibility for the accident. Worse, if the injured party is found to be 50% at fault, the injured person will be barred from seeking any recovery.
This is not something an injured person should have to worry about. An adept attorney will work to minimize any allegations of contributory negligence to protect the client’s right to recovery. Always contact a truck accident lawyer to talk about the available options. Remember to never admit to any degree of fault after an accident either at the scene or when talking to the insurance company.
Pursuing a Delivery Truck Accident Claim in Nebraska
Filing a personal injury or wrongful death claim after a delivery truck accident can be a daunting process, but a knowledgeable attorney can guide clients through every step. It begins with a free, confidential consultation where the injured person shares their story and learns about their legal options.
If they decide to proceed, their lawyer will thoroughly investigate the accident, gathering critical evidence such as medical records, police reports, truck maintenance logs, witness statements, photos, and videos. The attorney may also consult with accident reconstruction specialists, medical experts, and other professionals to build the strongest possible case.
The lawyer will assess the full impact of the accident on the client’s life, calculating economic damages like medical bills, lost wages, and diminished earning capacity, as well as non-economic losses like pain and suffering, emotional distress, and loss of enjoyment of life. In a wrongful death case, they’ll also factor in funeral expenses, loss of financial support, and other damages recoverable under Nebraska law.
Negotiation and Litigation
Armed with strong evidence and a comprehensive damage assessment, the attorney will draft and file a compelling claim with the appropriate insurance companies and courts, if necessary. They’ll assertively negotiate with insurers for a fair settlement that meets the client’s current and future needs. If the other side won’t agree to a reasonable resolution, the lawyer will be fully prepared to argue the case in court.
Throughout the process, Berry Law ensures that clients understand their rights and options at every juncture. The firm’s seasoned lawyers handle all the legal heavy lifting – the paperwork, the deadlines, the phone calls, the negotiations – so the injured person can concentrate on their physical and emotional recovery.
This client-focused advocacy provides invaluable peace of mind, knowing a dedicated team is fighting tirelessly to secure the maximum compensation deserved.
Can I Afford a Lawyer?
Rest assured, there are no upfront costs to retain Berry Law’s skilled services. The firm takes delivery truck accident cases on contingency, meaning their fee is a percentage of the eventual settlement or verdict. If they don’t win, the client doesn’t pay. It’s that simple.
If someone has been seriously injured or worse in a devastating delivery truck accident in Nebraska, they shouldn’t wait to seek the legal advocacy they need. Contacting Berry Law for a free consultation allows their determined attorneys to start building the case.
The injured person has enough on their plate. Letting a trusted professional handle the legal burden and fight for the justice deserved can make all the difference.
Time Limits for Filing Nebraska Injury and Death Lawsuits
It’s important to be aware of legal deadlines for truck accident lawsuits. In Nebraska, the statute of limitations dictates that most personal injury claims must be filed within four years from the date of the crash. Wrongful death claims have a two-year time limit. However, some circumstances require filing your claim within a window as short as one year, so consult an attorney as soon as possible! Remember that it can take a skilled attorney several months to obtain the evidence needed to even file a lawsuit on your behalf!
Contact Berry Law Today
No one should have to bear the burden of a devastating delivery truck accident alone. If a delivery driver or company’s negligence injures someone in Nebraska, the compassionate legal team at Berry Law is here to help.
We understand this is an overwhelming time. Our attorneys will listen and develop a customized plan to pursue maximum compensation.
Contact Berry Law today for a free consultation and let us put our experience and determination to work. Together we’ll hold negligent drivers and companies accountable and fight for justice. Call the law firm at (402) 466-8444 or contact us online.