Truck accidents can be devastating and often result in serious injuries or even fatalities. When someone is involved in a truck accident, seeking legal help is important. When it comes to truck accidents, experience matters.
Injured truck accident victims will do well to find a Lincoln personal injury lawyer who has experience handling truck accident cases specifically. These legal professionals have a deep understanding of the laws and regulations that apply to the trucking industry and the common causes of truck accidents.
The Lincoln freight truck accident lawyers with Berry Law have a proven track record of success in complex truck crash litigation. Our results speak to our solid reputation for helping those injured in commercial vehicle accidents obtain compensation for their injuries and losses following these devastating collisions.
Why Choose Berry Law After a Truck Accident in Lincoln, Nebraska
With over 240 years of collective experience practicing law, our firm has amassed a solid reputation as an advocate for justice. In addition to our service as Veterans appeals attorneys and criminal defense lawyers, we provide vast experience in personal injury claims and motor vehicle accidents.
Our success in and out of the courtroom has led to nationwide recognition and numerous accolades and awards. However, our focus remains firmly on those we aid. Berry Law strives to offer our clients paramount representation and legal avenues for recovery. To this end, we employ diverse tactics to ensure that no stone is left unturned and no money is left on the table.
The Risks of Truck Accidents in Lincoln
Commercial demand means that large trucks are vital to Nebraska’s economy, providing access to goods and services across the state and the nation. However, these vehicles pose a great risk when combined with reckless driving or otherwise negligent behavior. The Nebraska Department of Transportation reports that commercial trucks account for 4.4% of all motor vehicle accidents in the state. While this may not seem like a lot, this figure amounted to over 2,000 trucking accidents in one year alone. Of these, hundreds resulted in injuries. Moreover, large truck accidents are responsible for a disproportionate number of traffic-related deaths, with a fatality rate of 15.1%.
Passenger vehicles and motorcyclists are particularly susceptible to serious injuries in these accidents. Accordingly, the medical expenses from such a collision can be substantial, leaving survivors of these accidents to wonder how they will recover physically and financially. While some injuries may last a lifetime or offer no guarantee of complete recovery, compensation through a personal injury lawsuit can bring relief to accident victims and their families.
Truck Accident Law in Nebraska
The Federal Motor Carrier Safety Administration sets strict regulations on the trucking industry, including guidelines on how long truck drivers can operate during a shift and the transportation of hazardous materials. However, despite these ordinances, safety hazards occur daily. When truck drivers fail to act on their responsibility to others on the road, they endanger lives. Legally, this relates to the concept of negligence. A person or entity is found to be negligent when failing to exercise reasonable care. Additionally, criminal acts, such as driving under the influence of alcohol or illicit drugs, may also constitute negligence.
When someone is injured due to the negligence of another driver or a third party, that individual is entitled to seek compensation for economic and non-economic damages. However, there is a limited window of time in which one can take legal action. In Nebraska, the statute of limitations for personal injury claims is four years. However, exceptions to this period exist. Consulting an experienced truck accident attorney is the only way to know with certainty how relevant laws may apply to a particular personal injury case and what avenues are available to seek compensation.
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Common Instances of Negligence that Lead to Trucking Accidents
Numerous things can cause a freight truck collision. An injury accident can result from the negligence of the many people who contribute to the safe operation of a single truck.
At first glance, the cause of a crash may seem obvious, but it isn’t always as it appears. A freight truck accident lawyer in Lincoln, NE, can examine the available evidence to establish what led to the accident and who is at fault. This can lead to other sources of liability that may increase the compensation accident victims can recover.
Some commonly cited causes in 18-wheeler accident cases include:
Drunk Driving, Fatigued Driving, and Distracted Driving
Drivers are often subjected to long hours on the road and pressured by employers to meet unreasonable deadlines. They may even be asked to drive outside the legal limits of the hours of service allowed by law.
All of this can lead to distracted driving, drowsy driving, or even impaired driving due to the use of stimulant drugs or alcohol. This can lead to impaired judgment, slower reaction times, and even falling asleep at the wheel.
Freight Improperly Loaded or Overloaded Truck
Additionally, overloading or improperly loading a truck can cause it to be unstable and difficult to maneuver, especially in high winds or on steep inclines. Or the freight can shift, causing the driver to lose control.
A freight truck accident attorney in Lincoln, NE, can investigate whether safety regulations were adhered to and if the freight loaders could be liable.
Speeding or Disobeying Traffic Laws
Speeding is also a major cause of trucking accidents, as trucks are often large and difficult to maneuver at high speeds. This can lead to collisions with passenger vehicles, rollovers, and other accidents. With assistance from a truck accident lawyer in Lincoln, the driver and driver’s employer could be held accountable for injuries and losses following a large truck accident.
Inexperienced Drivers
Improper training or lack of experience can also contribute to trucking accidents. When a driver is not properly trained, they may not know how to handle certain situations on the road, leading to mistakes or reckless behavior.
Many trucking companies cut corners and hire inexperienced drivers or fail to train employees properly. This can lead to the trucking company being liable for accidents these drivers cause.
Trucking companies and drivers are responsible for their fleets. State and federal trucking laws require maintenance and regular safety inspections. When a company or driver fails to maintain their vehicle properly, they can be held responsible.
A truck accident lawyer in Lincoln will be familiar with mechanical failure accidents and can gather inspection and maintenance records to identify any failures on the part of the trucking company.
Common Truck Accident Injuries
Truck accidents in Lincoln frequently result in grave injuries requiring costly medical care. Following a truck accident, it’s important for those involved to seek immediate treatment. Doing so is vital to protecting claimants’ legal interests and ensuring that any potential “silent injuries,” such as internal organ damages, do not go unchecked. Some commonly witnessed injuries following a Nebraska truck accident include:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Soft tissue damage and internal organ damage
- Burns
- Cuts and lacerations
- Neck and back injuries
- Psychological trauma and PTSD
In the worst of cases, the loss of life is also a potential consequence of a serious truck accident. In these cases, family members may be able to seek damages through a wrongful death action with the help of a personal injury lawyer. Compensation for survivors may include financial damages, such as funeral and burial costs and loss of income, as non-economic damages that consider the loss of care, guidance, and companionship.
How a Freight Truck Accident Lawyer Can Help
There are many reasons why one should consider hiring a truck accident lawyer. First, commercial truck claims can present complexities the injured party may not be familiar with. For example, corporate institutions might be held liable rather than just the individual drivers involved. These companies will fight to avoid paying injured victims the compensation they deserve.
Second, at-fault parties in an 18-wheeler accident could include multiple entities, their lawyers, the insurance companies, and insurance company lawyers. This can include trucking companies, shipping companies, and even the manufacturers of the trucks involved.
Truck accident victims need legal representation in a complex situation like this one. An experienced attorney will protect the claimant’s interests, help them maintain eligibility for filing a lawsuit, and navigate potential roadblocks during negotiations.
Damages in a Truck Accident Case
Economic damages resulting from a truck accident are those that cover compensatory losses that are tangible and quantifiable, such as:
- Hospital expenses
- Medical bills
- Lost wages due to time spent away from work for recovery
- The loss of future income earning potential
- Other out-of-pocket costs
These damages are meant to return an injured person’s life and financial state to before the accident. Non-economic damages encompass the more subjective aspects of an injury victim’s losses, such as:
- Pain and suffering endured because of the crash
- Emotional trauma, mental anguish
- Loss of consortium
With the help of experienced Lincoln truck accident lawyers, injured parties can minimize the potential financial impact of a truck accident and potentially improve the chances of returning to work. Lawyers focusing on truck accidents can help victims negotiate with insurance companies or go to court to get what they owe.
A lawyer can establish a solid case for fair and full compensation if the circumstances warrant legal action. Our attorneys can use medical records, wage records, and many other pieces of evidence relating to the accident itself to build a case that guarantees you the maximum compensation for your injuries.
The Next Steps After a Freight Truck Accident in Lincoln
After being in a traumatic truck accident, the last thing an injured person needs is to handle an insurance company and its many tactics. The Lincoln personal injury lawyers of Berry Law make it their priority to protect the rights of those involved in truck accident claims so that the injured party can focus on rest and recovery.
We provide comprehensive advice and dedicated representation to ensure the protection of a personal injury claim. Our attorneys understand this is an intimidating and emotionally draining situation, so we fight to maximize settlement value and take on the more challenging legal aspects of these matters on behalf of our clients.
Contact the experienced truck accident lawyers at Berry Law for a free consultation to find out how we can help obtain full and fair compensation after an accident.
