A damage cap limits the amount of compensation that an injured person can recover from the negligent party in a personal injury claim. Fortunately, there are few damage caps in Nebraska. Generally, there is only a limit on compensation if the at-fault party is a government entity.
If you were in a collision with a large government vehicle, it would be best to speak with a lawyer about damage caps in Lincoln truck accident cases. Civil claims against state entities are complex and typically require the assistance of a hard-working attorney.
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.
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.
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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.
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. Contact Berry Law today to schedule a free consultation and learn more about the compensation available for your claim.