Commercial trucks are a key component of Nebraska’s economy, transporting important goods through Lincoln and all over the state. Unfortunately, the vast difference in size and weight between these trucks and other passenger vehicles can tremendously increase the severity of a traffic accident.
When such an incident stems from the negligence or recklessness of another person, that person should be required to shoulder the consequences. If you suffered injuries from a commercial vehicle collision, the Lincoln truck accident attorneys at Berry Law can help you pursue compensation to offset the effects of the crash.
A seasoned personal injury attorney who understands the factors that make commercial vehicle collisions different from other cases can evaluate your claim, explain your options, and help you work toward a positive resolution.
Types of Compensation That Could Be Available in a Truck Accident
Anyone who got hit by a commercial truck because of someone’s negligence may be entitled to compensation for a variety of losses stemming from the crash. This compensation may come through a settlement negotiated with an insurance company or other parties, or from a court award following a successful lawsuit.
A knowledgeable truck injury attorney can calculate the value of different types of compensation based on your circumstances to determine what would be reasonable and fair under the circumstances. Compensation could be available to cover economic and non-economic damages, such as:
- Time missed from work
- Medical expenses
- Anticipated future medical costs
- Reduced future income
- Pain and suffering
- Loss of enjoyment
- Emotional distress
For a free legal consultation with a truck accidents lawyer serving Lincoln, call 402-466-8444
How Much Can I Get in a Truck Accident Claim?
After a truck accident, you may be entitled to a large payout to cover damages like severe injuries, medical bills, lost wages, and the inability to work in the future. You may be wondering how much money you could get or if it is even worth filing a claim.
Large truck accidents can range from mild to deadly and compensation for victims is based on specific evidence from your case. While we can’t guarantee a specific result, clients with successful claims often receive fair compensation to cover costly expenses.
All truck accident claims are unique, and how much you will win depends on the circumstances of your case. The best way to get an estimate of your damages is to reach out to a truck accident lawyer in Lincoln, NE.
Lincoln Truck Accident Lawyer Near Me 402-466-8444
Avoid Sending Recorded Statements to Insurance Companies
Victims of a commercial truck accident will likely be contacted by an insurance adjuster for the trucking company soon after the accident. Insurance agents will be looking for evidence that you share blame for the accident. For this reason, do not give a recorded statement to the trucking company’s insurance carrier.
The call may seem innocent and catch you off guard. The agent will probably start by asking questions about how you’re feeling and what kind of injuries you have. Next, they will ask if you have a moment to answer a few questions while being recorded.
When this happens, do not mention any details about the accident. Simply decline to answer any questions and politely refer the insurance agent to your lawyer for truck accidents in Lincoln. This will help you avoid providing any incriminating evidence or inaccurate information that could be used against you to hurt your claim for compensation.
Why Should I Hire a Truck Accident Lawyer?
Truck accidents are complex cases that require professional legal assistance. Unlike typical car accidents, commercial truck claims may hold one or more parties liable for the crash. This could include numerous companies aside from just the truck driver, including:
- Trucking companies
- Shipping companies
- Truck manufacturers
- Parts and tire manufacturers
To receive the highest compensation possible, direct your claim to a truck accident attorney in Lincoln, NE. They can help determine the liable parties and calculate the compensation you may receive in a successful lawsuit. To prove one or more parties are liable for the accident, your lawyer will need to determine if negligent behavior was the cause of the crash.
This is typically done by studying the truck driver’s habits on the road and determining if you have a claim for negligence against the truck driver, including:
- Reckless driving
- Driving under the influence
- Texting while driving
- Driver fatigue
- Mechanical failure
- Distracted driving
- Equipment issues
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Who Are Possible Liable Parties in a Truck Crash Case?
Most trucks are commercial vehicles, which can complicate civil cases following an accident. In addition, trucks are subject to additional laws and regulations at the federal, state, and local levels, adding yet another layer of complexity to truck crash cases in Lincoln.
Many different parties may share responsibility for a tractor-trailer accident. For instance, driver error often contributes directly to causing commercial truck collisions, but when a driver is operating in the scope of employment, the company employing the driver may also be held liable.
Additionally, the owner of the truck may be liable for the condition of his or her vehicle or for working requirements imposed on the driver. If an outside company is responsible for the maintenance of a truck, that company may also be held liable if faulty maintenance work contributed to causing the accident.
A truck wreck lawyer can help an individual plaintiff identify liable parties in his or her case and demand damages or file suit accordingly.
How Comparative Fault Works in Nebraska Truck Crash Claims
Comparative fault is the legal theory used when an injured plaintiff shares responsibility for causing the truck accident that led to their damages. There are many ways an injured motorist could share fault for a collision with a commercial vehicle. For example, a driver struck by a speeding truck could bear some responsibility if they were texting behind the wheel.
Fortunately, state law allows you to pursue an injury claim regardless of whether you share some of the fault for the accident in question. As long as you are less than 50% at fault for the truck collision, you have the right to pursue an injury claim.
However, the court will reduce the amount of compensation you recover by your assigned degree of fault. In other words, a plaintiff that is 20% at fault will only recover up to 80% of their damages.
Truck Accident Cases Are Complex and Challenging
If you were hit by a truck, you can sue. But unlike car accident cases, lawsuits involving large commercial trucks can be complicated and more time-consuming based on a number of factors.
Truck Driver Regulations
Truck drivers must uphold strict rules and regulations as directed by the Federal Motor Carrier Safety Administration (FMCSA) because of their large size and heavy loads. This includes sticking to the mandated 11-hour drive limit they may not exceed according to the FMCSA’s hours of service regulations, in addition to stopping for at least 30 minutes every eight hours.
Multiple Liable Parties
While you may be quick to blame the truck driver, your case may be the result of numerous factors like truck failure, part malfunction, or orders from the trucking company to drive over the mandated 11-hour limit.
There are many things to consider that you may not think of without legal assistance. Protect your legal rights and your eligibility for composition by speaking to a Lincoln truck accident attorney as soon as possible.
How Can a Lawyer Help Resolve a Truck Accident Claim?
There are two ways you and your legal counsel can resolve a commercial vehicle accident claim: a negotiated settlement or a trial verdict.
Most truck accident injury claims result in a financial settlement without the plaintiff ever filing a lawsuit. When the trucking company or their insurer accepts liability, resolving these cases is typically a matter of negotiating to maximize compensation.
Not all cases settle, however. When the opposing party is unwilling to accept an appropriate demand package, your last option for compensation is to take your case to court. Berry Law can help you determine an appropriate demand package and advise you on whether you should file a lawsuit. .
How Long do You Have to File a Truck Wreck Case?
Nebraska state law limits the amount of time an injured person has to file a lawsuit seeking compensation after a truck accident. This is referred to as the statute of limitations, and it is set forth in Nebraska Revised Statutes § 25-207(3).
In most cases, plaintiffs must file their lawsuit within four years of the date of their accident, but it is wise to take action well before this deadline approaches. An experienced truck accident lawyer in Lincoln can help you with filing a claim within the statute of limitations.
Types of Truck Accident Injuries We Represent
You can suffer an array of injuries in a trucking accident. Commercial trucks are much larger than passenger vehicles. This size disparity creates a risk of severe or catastrophic injuries in the event of a collision. Some injuries commonly reported in commercial truck crashes include:
- Broken bones
- Cuts and bruises
- Internal bleeding
- Traumatic brain injuries
- Spinal cord injuries
- Neck injuries
Can I Afford a Truck Accident Lawyer in Lincoln, NE?
As a recent survivor of a major truck accident, you’re likely already dealing with costly medical and vehicle repair bills. The last thing you need on your plate is another expense that you aren’t sure you can afford. Luckily, our truck accident lawyers make it easy to find legal representation during your time of need.
We understand money may be a little tight right now, and you may be wondering how to cope with trauma after an accident. That’s why we base our legal services on a contingency fee basis, allowing you to receive counsel without any upfront fees.
So, what does this mean? You can speak to a truck accident attorney in Lincoln, NE, without worrying about bringing along a check. Once your compensation is received through an insurance settlement or jury verdict, our lawyers will deduct their fees directly for your convenience and peace of mind. We don’t get paid unless you do.
Talk to a Lincoln Truck Accident Attorney as Soon as Possible
To recover compensation for injuries suffered in a tractor-trailer collision, it is necessary to demonstrate the negligence or wrongdoing of one or more other parties that caused the accident.
It is important to contact an attorney as soon as possible following an accident, as time-sensitive evidence may be needed. Records of trucking companies, video footage, and other records may be erased, and other evidence becomes less reliable with the passage of time.
The moment you retain an accomplished Lincoln truck accident lawyer they can begin collecting evidence to build the strongest possible case on your behalf. Contact Berry Law today to get started on your case and maximize your chances of a successful result.