Commercial trucks are a key component of Nebraska’s economy. Truck drivers transport important goods through Lincoln and all over the state. Unfortunately, these trucks’ vast size and weight can place passenger vehicles in greater danger should a truck driver’s negligence lead to a wreck.
You have the right to hold truck drivers and related parties liable for roadway collisions. In the days following your collision, the Lincoln truck accident attorneys at Berry Law can help you pursue compensation to offset the effects of the crash.
Types of Compensation that Could Be Available in a Truck Accident
If you or your vehicle got hit by a commercial truck, and you can tie your wreck back to the negligence of someone else, Nebraska law may entitle you to financial compensation. You can receive compensation for a truck accident through a settlement negotiated with an insurance company or other parties or 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. 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
How Much Can I Get in a Truck Accident Claim?
After a collision, you and other truck accident victims may be entitled to a financial settlement to cover damages like severe injuries, medical bills, lost wages, and the inability to work in the future. You may wonder how much money you could get or if it is even worth filing a claim.
Large truck pile-ups can range from mild to deadly. Judges and juries determine the value of collision compensation on a case-by-case basis. While we can’t guarantee a specific result, clients with successful claims often receive fair and just compensation to cover costly expenses.
All roadway negligence 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.
Avoid Sending Recorded Statements to Insurance Companies
Victims of a commercial truck collision will likely be contacted by an insurance adjuster for the trucking company soon after the event. Insurance agents look for evidence that suggests you share blame for the accident. For this reason, you should consider not giving 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 can 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 can help you avoid providing the insurance company with possible defenses or inaccurate information that could hurt your claim.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Why Should I Hire a Truck Accident Lawyer?
Hiring a truck wreck attorney allows you to address the complexities of truck accident liability. For example, commercial truck claims can see you hold corporate institutions liable for your crash, unlike you would after a private automobile accident. At-fault parties could include:
- Trucking companies
- Shipping companies
- Truck manufacturers
- Parts and tire manufacturers
Our Lincoln, NE, personal injury attorneys can help determine which of these parties to name in your accident and what compensation to hold them accountable for.
To prove one or more parties are liable for your losses, your lawyer will need to determine if negligent behavior was the cause of the crash. This process usually involves our team studying the truck driver’s habits on the road. Based on the evidence we discover, we can determine if you have a claim for negligence against the truck driver based on their alleged:
- Reckless driving
- Driving under the influence
- Texting while driving
- Driver fatigue
- Mechanical failure
- Distracted driving
- Equipment issues
Who Are Possible Liable Parties in a Truck Crash Case?
Most trucks are commercial vehicles, which can complicate civil cases following an accident. Commercial drivers are also 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.
Additional parties may share responsibility for a tractor-trailer accident. For instance, driver error often contributes directly to causing commercial truck collisions. However, when a driver operates as an employee, the company employing the driver may bear liability for your losses.
The truck owner may also be liable for the condition of their vehicle or the working requirements imposed on the driver. If an outside company is responsible for the maintenance of a truck, that company may be held liable if faulty maintenance work contributed to causing the accident.
A truck wreck lawyer can help a 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. You have the right to pursue an injury claim as long as you are less than 50% at fault for the truck collision.
However, the court will reduce the compensation you recover by your assigned degree of fault. In other words, a plaintiff bearing 20% of their accident’s fault may only recover up to 80% of their damages.
Truck Accident Cases Are Complex and Challenging
If you were hit by a truck, you can discuss your right to sue during a free initial consultation with an experienced team of personal injury lawyers. Motor vehicle lawsuits involving large commercial trucks can prove complicated and time-consuming, but that doesn’t mean that they’re unmanageable.
Experienced attorneys can use a personal injury lawsuit to get you the financial assistance you deserve.
Truck Driver Regulations
Truck drivers must uphold strict rules and regulations as directed by the Federal Motor Carrier Safety Administration (FMCSA). These regulations require agencies to uphold the mandated 11-hour drive limit.
Neither drivers nor agencies may exceed according to the FMCSA’s hours of service regulations. Similarly, drivers must stop and rest for at least 30 minutes every eight hours.
Multiple Liable Parties
While you may be quick to blame the truck driver, your case may result from mechanical failures or orders violating the mandated 11-hour drive limit.
There are many things to consider that you may not think of without legal assistance. Protect your legal rights and 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 personal injury lawyers 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 fair compensation after a truck accident. This deadline is referred to as the statute of limitations, outlined 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. Additionally, there are some circumstances when a shorter limitations period may apply. Thus, meeting with an experienced truck accident lawyer in Lincoln shortly after a collision can help you file a personal injury 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 commercial 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 wonder 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 you receive your compensation through an insurance settlement or jury verdict, our experienced 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. Liable parties can erase commercial trucking company records, video footage, and other records. Bystander testimony also becomes less reliable over 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.