As crucial as they may be to Nebraska’s economy, tractor-trailers and other large commercial vehicles can be incredibly dangerous to others on the road. A semi-truck driver’s violation of traffic laws or a trucking company’s lax safety regulations can wreak havoc and cause fatal injuries.
If you have lost a loved one in an accident involving a large commercial vehicle, it is important that you contact a truck accident wrongful death lawyer at once. The complex nature of truck accident claims can be overwhelming on top of such a painful loss.
An Omaha fatal truck accident lawyer with Berry Law can shoulder your legal burden and may be able to help. Our attorneys are experienced with fatal truck accident claims and know how important your financial recovery can be. We can help you to understand your legal options and work to maximize your claim.
Who Can Be Held Liable for a Fatal Truck Wreck in Omaha?
Determining liability for a motor vehicle accident is rarely a straightforward matter. Individual truck drivers are not always the only liable parties in the event of a fatal tractor-trailer crash. Several insurance parties and defendants could be involved.
In many cases, it is possible to hold a negligent trucking company liable in addition to the driver for their negligence on the job. In other cases, the employer themselves may be solely responsible for a fatal truck crash.
Third parties like mechanics and service technicians may also be held liable for a commercial vehicle collision if inadequate maintenance leads to a truck accident. An Omaha fatal truck accident attorney at Berry Law can help you determine who is responsible for your loved one’s wrongful death after a truck crash.
Causes of Fatal Semi-Truck Accidents
Negligence often leads to fatal crashes involving semi-trucks and commercial vehicles. Drivers can fail to pay attention while driving, drive under the influence, or make unsafe lane changes. Companies can be negligent by failing to provide adequate truck driver training or by hiring inexperienced, unqualified drivers.
A trucker can also be negligent if he or she fails to maintain proper equipment or follow federal regulations. The FMCSA regulates interstate trucking companies and sets standards for truckers’ health and safety.
Trucking companies may violate these rules to cut costs and keep freight moving. A trucking company that directs its drivers to violate federal driving time regulations to save money could cause drivers to become dangerously fatigued, increasing the chance of a fatal wreck.
Truck Accident Claims Are Complex
A truck accident case is very different from a typical car accident claim. First, there may be multiple defendants, insurance companies, and teams of corporate attorneys involved. These claims can be extremely complex.
Additionally, the laws governing trucking companies vary widely from state to state. It is important that you work with a lawyer who understands the intricacies of federal and state trucking regulations to ensure the success of your claim.
When a fatality is involved, trucking companies know that the financial stakes are extremely high. They will begin working to reduce their liability before the accident scene has been cleared. A fatal truck accident attorney in Omaha, NE, will work tirelessly to secure justice and protect your interests in your claim.
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Litigating a Wrongful Death after a Fatal Truck Collision
In many respects, wrongful death cases proceed similarly to other civil claims. To recover compensation, you must prove that the defendant violated a duty of care and directly caused an avoidable accident.
However, the most significant difference in a wrongful death case is that the deceased party cannot file suit for damages, so a surviving family member or representative of the estate must pursue compensation for them.
Surviving family members may pursue compensation for the damages related to their loved one’s passing. These may include the costs of funeral services, income loss from taking time off work to manage family affairs, and the loss of the decedent’s companionship and support.
Some of the compensatory damages you might claim in a wrongful death claim include:
The costs associated with memorializing and burying a loved one can be daunting. Your damage claim can include expenses related to the deceased’s funeral, including cremation, burial, and any related costs.
Income and Service Losses
The value of your loved one’s service to you is irreplaceable, and this must be factored into the calculation of the income you stand to lose due to their passing. Caregiving, parenting, elder care, and other services offered all play a part.
In calculating damages in a wrongful death lawsuit, medical expenses linked to the emergency care, illness, or injuries of your deceased loved one are considered.
The expense of treatment can quickly add up when you factor in things like prescription drugs, medical supplies, emergency room visits, and transportation in an ambulance.
Mental Anguish and Emotional Loss
Calculating the cost of mental and emotional distress is more difficult. You may be entitled to additional compensation for things like grief, loss of companionship, and psychological trauma.
A truck accident wrongful death lawyer can help you determine whether you have a valid wrongful death claim. If you do, we can help you to pursue the maximum settlement or jury award for your losses.
Contact an Attorney for Help with a Fatal Truck Accident Case in Omaha
Wrongful death claims are complicated and can be overwhelming without legal counsel. To receive fair and just compensation, you must prove legal negligence and evidence of the damages you experienced as a result.
These tasks can be difficult to handle alone. A personal injury lawyer will know how to navigate this process and protect your rights. At Berry Law, our attorneys have extensive experience helping families through wrongful death claims.
We understand the unique challenges facing families who lose a loved one due to another person’s negligence. Our firm has helped countless families obtain justice and financial recovery following a fatal truck accident. Contact us today and schedule a free consultation to find out how we can help you.