If you suffered injuries in a trucking accident in Lincoln that was not your fault, you likely qualify to pursue compensation for your injuries and losses. However, certain factors can affect the amount of compensation you can receive, including damage caps. It’s important to understand damage caps in Lincoln truck accident cases and how they could impact your compensation.
If you were in a collision with a large commercial vehicle, particularly if it involved a government-owned truck, you should speak with a Lincoln truck accident lawyer about your case right away. All truck accident claims are complex, and you want to ensure you receive the maximum compensation available. Additionally, civil claims against government entities typically have their own strict deadlines and requirements, and they require the assistance of a diligent and knowledgeable attorney to help you get the financial recovery you deserve.
What Are Damage Caps?
A damage cap limits the amount of compensation that an injured person can recover from the negligent party in a personal injury claim or lawsuit. The main two reasons damage caps exist is to deter frivolous lawsuit and to protect certain defendants from going bankrupt from having to pay exorbitant settlements and court awards.
Fortunately, there are few damage caps in Nebraska. For instance, medical malpractice claims typically have damage caps. Also, there is typically a limit on compensation if the at-fault party is a government entity. Nebraska imposes damage caps in these types of cases to help protect hospitals and government entities from financial ruin.
What is the Damage Cap for Truck Wreck Claims in Lincoln?
When the defendant in a truck accident case is a government entity, the damage cap is $1,000,000. This limit is in place to protect public officers while they are on the job.
If the trucker works for a private company or was not working at the time of the collision, there is no limit on the amount of compensation you may receive. If you are unsure whether the damage cap applies in your case, it is best to consult an experienced lawyer.
Types of Government Entities
The state and local governments employ several drivers who operate trucks and other large vehicles. For example, a truck operator might work for the State Department of Transportation, the State Department of Agriculture, or a state university. One of the most common types of government-owned vehicles you may encounter is municipal garbage trucks.
After an accident with a tractor-trailer, you should document the scene of the wreck as thoroughly as possible. Taking pictures of the names and logos on the body of the vehicle can help you determine whether it is a government-owned truck. If you find that the truck driver is a public employee, you should be prepared for damage caps in your accident case.
What Should I Do After an Accident with a Truck in Lincoln?
After an accident with a tractor-trailer or other large commercial vehicle in Lincoln, you must receive medical attention for any injuries you sustained, first and foremost. Even if you don’t feel injured or your injuries appear minor, you need a prompt medical evaluation anyway. Some injuries don’t manifest symptoms right away, and you need proof you suffered an injury and received treatment to pursue a personal injury claim.
If you’re able at the accident scene, you should document the scene of the wreck as thoroughly as possible. Taking pictures of the names and logos on the body of the vehicle can help you determine whether it is a government-owned truck. If you find that the truck driver is a public employee, you should be prepared for damage caps in your accident case.
Regardless, you should get the name and contact information of the at-fault driver. You should also get their insurance information and the name, address, and contact information of their employer or the entity that owns the truck. You also want to obtain statements from any eyewitnesses to the crash along with their names and contact information.
By law, you must report any accident involving injuries or death or property damage exceeding $1,500. Also, reporting the accident will dispatch officers to the scene, who will create an official police report of the accident. This report will become vital during the claims process to show how the accident occurred and who caused it.
You may also want to contact your own insurance company and report the accident to them. Follow their recommendations for filing a claim, but don’t offer any more information about the crash than necessary. This is true whether you talking to the police, other drivers, the at-fault driver’s insurance company, or your own. You never want to admit fault, and you do not want to say anything that implies you were responsible for the crash. Also, don’t post anything about the accident on social media.
As soon as you’re able following the crash and after receiving medical treatment, you need to contact an experienced truck accident attorney in Lincoln–particularly one with experience handling claims against government entities if your accident involved a government-owned vehicle. A lawyer can help you collect evidence and file your claim promptly and properly. They can also represent you throughout the process and advocate for you to help you get the maximum compensation possible.
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Is There a Way to Circumvent the Damage Cap in Tractor-Trailer Accident Cases?
If the defendant is a government entity or employee, you cannot circumvent the damage cap in a truck wreck case. The government agency might agree to pay compensation in excess of the limit, but this is highly unlikely.
Circumventing Damage Caps with Out-of-State Government Employees
In some rare situations, you might get into an accident in Lincoln with a trucker who works for a different state entity. For example, if an Iowa state employee hit you with his or her truck, you may have the opportunity to file your claim in that jurisdiction. You might choose to do this if the other state has a higher damage cap or no cap at all.
Insurance Policy May Limit Compensation
There is no legal limit on compensation with private defendants, but the at-fault party’s insurance company may have its own caps. For example, if the private trucking company’s policy limit is $5,000,000, you may not be able to obtain much more than that, even if the court’s judgment is more than that.
The insurance company will not cover more than what the policy provides, and small companies likely won’t have the assets to cover all your losses. When dealing with a tractor-trailer accident case, you should be aware of the insurance limits that may impact your overall compensation.
Your Level of Fault May Reduce Your Compensation
Along with insurance policy limits and damage caps, another factor that could affect the amount of compensation you receive is your level of fault for causing the accident. Many states follow some sort of comparative fault rule that determines the degree to which all parties in an accident bear liability. Nebraska follows a modified comparative negligence rule.
Under this rule, you may pursue compensation so long as you were not more than 50% at fault for the crash. Also, the level of compensation you could receive will be reduced by your percentage of fault. For example, if the total damages you could recover equal $100,000 but the court finds you were 20% at fault, it will reduce your level of compensation by 20%, so you would only receive $80,000.
We Can Answer Your Questions About Damage Caps in Lincoln Truck Accident Cases
Accidents with government-owned vehicles are complicated because of the damage caps in Lincoln truck accident cases. However, if you were in an accident with a trucker in the private sector, you only need to worry about insurance limits.
No matter the circumstances surrounding your truck accident claim, you need a knowledgeable and skilled lawyer on your side to help with successfully supporting and navigating your claim and increasing your chances of getting a full and fair financial recovery.
Contact Berry Law today to schedule a free consultation and learn more about the compensation available for your claim.
