Collisions involving tractor-trailers, semi-trucks, or other commercial vehicles can have a catastrophic effect on people in cars. The size and weight of these vehicles often leads to more severe injuries in an auto accident. In even the best-case scenarios, other motorists and their passengers may endure injuries that require emergency medical care. More serious accidents could inflict catastrophic injuries which require ongoing medical treatment or physical therapy.
Fortunately, it may be possible to obtain compensation for any losses resulting from negligent truck drivers or their employers. One of our personal injury attorneys can help you prove that a trucker was at fault for your accident. A Papillion truck accident lawyer from Berry Law can explain your rights and gather the necessary evidence to demonstrate the defendant’s fault.
Proving Fault in Commercial Vehicle Collision Cases
Truck drivers have a legal duty to operate their vehicles safely. This means that truckers must obey the rules of the road, just like drivers of passenger cars, and keep their attention on the road at all times. Commercial vehicle accidents are often the result of a trucker speeding, cellphone use while driving, or failure to yield.
Additionally, tractor trailers have large blind spots that drivers must be sure to check before making turns. Federal regulations limit how many miles a trucker may travel in any given day or work week. Finally, federal laws specify maximum weights limits for commercial vehicles on the interstate highway. A Papillion commercial vehicle collision attorney can investigate the cause of a crash and demonstrate that a trucker is at fault for the incident.
Factors that Can Limit a Claim for Damages
Truck crashes can result in life-altering damages. Many injured parties require immediate medical attention and may need to attend rehabilitation sessions to get back to good health. In addition, most plaintiffs also demand compensation for decreased quality of life and lost wages.
However, defendant truckers may argue that an injured party was partially to blame for the collision. Under Nebraska Revised Statute §25-21,185.09, truck drivers or companies may introduce evidence of a plaintiff’s comparative negligence to shift blame for the accident. Basically, this means that they can reduce the payment if you were partially at-fault for the accident.
If your percentage of liability increases to 50 percent or more, the court cannot award any compensation. However, if your percentage of liability is less than 50 percent, your compensatory award would be reduced accordingly.
Another limiting factor in truck accident claims is the statute of limitations. This law sets a strict time limit on when an injured party can file a lawsuit. According to Neb. Rev. Stat. §25-207, a person injured in a trucking collision in Papillion generally has four years to initiate civil litigation. Our dedicated legal team can help refute allegations of comparative negligence and ensure a claim is submitted within the appropriate time-frame.
A Papillion Truck Accident Lawyer Can Help
Few events in your life can be as frightening and devastating as a truck accident. A couple of seconds are all that is necessary to inflict catastrophic physical injuries and jeopardize your ability to earn a living. A trucker or their employer who is responsible for the crash is liable to provide compensation. However, recovering damages requires you to prove the opposing party’s fault.
A Papillion truck accident lawyer is prepared to take the lead in your case. One of our attorneys can gather evidence, explain your rights, and protect your claim from insurance companies. Working together, we can help you get the compensation you deserve. Reach out to Berry Law today to learn more.
