Truck accidents can be catastrophic. The smallest commercial vehicle dwarfs a typical passenger car. While truckers are required by law to operate their vehicles in a safe manner, drivers are human, and accidents happen.
People injured by truckers who choose to break the rules or who act negligently have the right to demand compensation for their injuries. An Omaha truck accident lawyer can help you hold negligent truckers and their employers responsible for their actions.
The personal injury attorney of Berry Law can investigate the accident, take care of the paperwork, and represent your interests in whatever form the next battle may take, whether negotiations over a settlement or a fight in court.
Rules for Safe Truck Driving in Omaha
In addition to undergoing extensive testing and obtaining a special license, truck drivers must follow the same rules of the road as all other motorists. So, if a trucker causes an accident by speeding, running a stoplight, or failing to yield the right-of-way to another motorist, that truck driver may be held liable.
Certain rules also govern how trucks can operate on the interstate highway system. Federal law establishes regulations for managing aspects of long-haul trucking, like the maximum allowable weight for the trailer and the number of hours a trucker may drive in any day or week.
An Omaha truck accident attorney can work to gather key evidence in your truck crash case, apply that evidence to relevant Nebraska state and federal trucking laws, and demonstrate that the trucker’s negligence caused the accident.
For a free legal consultation with a truck accidents lawyer serving Omaha, call 402-466-8444
How to Prove Negligence in a Truck Accident Claim
As the plaintiff in a truck accident case, you must prove that the trucker’s driving caused you injury. In other words, you must prove that the trucker violated their duty to protect your well-being.
Truck accident plaintiffs bear the burden of proof. When employed appropriately, these four factors can assist the plaintiff to prove negligence and guilt. You can define these parts and your case with the right evidence.
Duty of Care
In some instances, the law considers if a duty of care exists. Duty of care is an obligation people owe one another. In a truck accident, drivers must observe the regulations of the road and drive properly. In an auto collision, this duty of care is typically implied.
Breach of Duty
You are responsible for showing that the other motorist or party involved in the accident breached their duty of care, either through an act or omission. If a trucking company sent out a truck with malfunctioning brakes, they violated this responsibility.The burden of proof rests on the plaintiff or your Omaha semi-truck accident lawyer to show that the defendant knew or should have known of the risk yet chose to proceed regardless. You can strengthen your case by showing that the trucking company routinely deploys trucks that aren’t mechanically sound.
The breach of duty discussed above caused you some injury.
Damages must be quantified to bring a personal injury claim. This means you must establish financial damage. This can be shown with hospital bills, car repair estimates, or old pay stubs to indicate how much money you lost due to injuries.
Establishing fault in a truck accident case may seem easy, but trucking and insurance company lawyers will attempt to minimize or avoid their liability after a crash. A commercial truck accident attorney in Omaha can gather evidence to construct a solid case and protect you from claims by the defendant.
Omaha Truck Accident Lawyer Near Me 402-466-8444
Determining Who Is At-Fault for a Truck Crash
Accidents involving commercial vehicles can create unique situations for an injured individual. In a common motor vehicle collision, the defendant is almost always the person driving the at-fault vehicle, which is usually the case in truck accidents.
However, in many truck accident scenarios, the truck driver is an employee of a freight company; in this case, the parent company may also be held responsible for damage caused to you.
This especially applies when the truck was overweight per the company’s instructions or when the company applied overly strict deadlines that flouted the federal regulations for the number of hours a trucker can drive on any given day or week.
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Common Injuries in a Trucking Accident
Truck accidents often result in serious injuries to all victims of an accident.
These injuries may include:
- Brain injury – A brain injury can cause brain damage, TBI (traumatic brain injury), loss of consciousness, and bleeding inside the skull.
- Neck Injury – A neck injury can cause paralysis, broken bones, and internal bleeding.
- Back Injury – A back injury can cause paralysis and spinal cord damage leading to a lifetime of medical costs. These are generally considered catastrophic injuries.
- Chest Injury – A chest injury can cause lung damage and heart failure.
- Spinal Cord Injuries – Spinal cord damage can cause paralysis, numbness, and severe pain.
- Brain Damage – Brain damage can cause memory problems, seizures, or even a coma.
- Eye Injury – An eye injury can cause blindness, swelling around the eyes, or loss of the eye.
- Limb Injury – A limb injury can cause amputation, nerve damage, or result in broken bones.
- Internal Bleeding – Internal bleeding can cause organ damage and blood poisoning and can be fatal if not treated promptly.
If someone is killed in a truck accident, that person’s family members or heirs could file a lawsuit against the responsible parties. If you need help filing a claim after losing a loved one, our truck accident lawyers in Omaha can help you file a wrongful death claim.
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Causes of Omaha Trucking Accidents
Collaborative research by the Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration found that a number of factors, some of which may have existed long before the accident, contributed to the majority of truck accidents.
These variables could relate to the truck’s actual operation, the environment, or the driver.
Some possible factors may include:
- Distracted driving
- Driving while impaired by drugs and alcohol
- Fatigued driving
- Failing to adjust to traffic or weather conditions
- Failure to obey traffic-control devices
- Improper loading or unloading
- Unsafe operating equipment, lack of maintenance, faulty or defective parts
- Inadequate training or unqualified drivers
How Long do I Have to File a Claim for an Omaha, NE Trucking Accident?
Regardless of the defendant in a claim, filing a case on time is critical. Nebraska law strictly limits when you can ask a court to hear a personal injury case. For this reason, it is important to consult with an attorney familiar with litigating commercial truck accident claims in Omaha.
The statute of limitations gives injured persons 4 years from the date of the accident to file a claim. However, there are some circumstances where a shorter statute of limitations will apply, so it is important to speak with an attorney right away to determine which deadlines apply to your case. If you fail to submit a claim on time, you will be barred from seeking any compensation.
What Damages May Be Claimed in a Truck Accident Injury Case?
The types of damages you may be entitled to recover in a truck accident claim will depend on the facts of your particular case. The two main types of damages that may be awarded in a truck accident personal claim case are economic and non-economic.
- Economic damages: These are definitive costs related to a truck accident and can include emergency room visits, physical therapy, surgery expenses, and ambulance ride.
- Non-economic damages: These are not as specific and can include things like the future wage loss you will experience because of your injuries, emotional anguish, and pain and suffering.
Do All Truck Accident Claims in Omaha Make it to Trial?
Many truck accident claims in our area are settled outside of court with the at-fault party’s insurance company. Some cases settle right before reaching the courtroom. Court cases can be lengthy and are often very expensive, so out-of-court settlement may be more beneficial.
However, a commercial vehicle crash claim can still take some time to prepare before a settlement is reached. Your truck accident lawyer in Omaha will work efficiently to expedite your claim.
Omaha Truck Accident Attorneys Fighting for the Injured
A truck accident can cause severe, life-altering injuries under even the most fortunate circumstances. While a few rare incidents may leave a victim with only cuts and scrapes, the typical truck crash can result in permanent injuries to limbs or vital organs.
If you were injured due to the negligence of a truck driver, you have the right to pursue compensation for your losses. This can include payments for medical bills, lost wages, and mental anguish.
Contact a Truck Accident Law Firm in Omaha Today
Truck drivers have the same obligations as all other motorists to operate their vehicles safely and responsibly and can be held liable for damages if they break those rules. An Omaha truck accident lawyer from Berry Law can lead the way in your pursuit of compensation.
We will work diligently to collect the necessary evidence, negotiate on your behalf with the insurance company, place that evidence within the framework of the law, represent your interests in settlement negotiations, and fight for you at trial.
There is a limited time to file an injury case, so it is important to speak with an attorney as soon as possible. Contact Berry Law today to let our innovative truck accident attorneys get to work for you.
Call or text 402-466-8444 or complete a Free Case Evaluation form