Commercial Car Accident

Your Right To Seek Compensation In Commercial Vehicle Accidents

Commercial accidents involve vehicles used for trade or business purposes, often characterized by their larger size and greater strength compared to personal vehicles. As a result, collisions involving commercial vehicles can lead to severe injuries and fatalities. The Federal Motor Carrier Safety Administration tracks large truck and bus crashes across the United States annually, consistently recording thousands of fatalities and tens of thousands of injuries each year.

Compared to ordinary car accidents, a commercial vehicle accident comes with a different set of challenges. They involve more serious outcomes and complicated rules on liabilities and claims against the insurance company. This is why the guidance of a knowledgeable commercial vehicle accident attorney is crucial in dealing with accidents involving commercial vehicles. If you or a loved one was involved in a commercial truck accident, contact a personal injury lawyer from Welsh & Welsh, PC LLO, as soon as possible.

Understanding Commercial Vehicle Crashes

Commercial vehicles are vehicles that are used to move cargo or carry passengers. They are owned by businesses, such as trucking companies. Commercial vehicles are strictly regulated by federal and state laws to guarantee the security of motorists, other passengers, and even their commercial drivers.

The United States Code Section 31132 states that commercial vehicles have the following qualities:

1. Weighs at least 10,001 pounds or more
2. Designed to transport eight (8) or more people, including the driver, for compensation
3. Designed to transport 15 or more people. This includes the driver not for compensation
4. Transports materials that are considered to be hazardous.

A few examples of commercial vehicles are: 

• Trucks: Light-duty to heavy-duty lorries, refrigerated trucks, dump trucks, tractor-trailers
• Vans: Delivery vehicles, pickup vans, car-derived vans
• Construction vehicles: Tippers, mixers
• Passenger vehicles: Coaches, buses, taxi cabs
• Specialized vehicles: Tankers, tractors, large cargo vehicles

In a commercial vehicle accident, anyone who is using the vehicle for business purposes may be held liable. This could include the driver, the owner of the vehicle, and even the company they work for. In some cases, multiple parties may share liability for the accident.

Determining Liability In Commercial Vehicle Accidents

The laws surrounding commercial vehicle accidents vary from state to state. However, most jurisdictions use a combination of common law principles and statutory regulations to determine liability in these types of accidents. This means that both general legal principles and specific rules set by federal or state governments will be considered when determining fault.

Common factors that play a role in determining liability in commercial vehicle accidents include:

• Negligence: This is the failure to take reasonable care while operating a vehicle. Examples include failing to follow traffic laws, driving under the influence of drugs or alcohol, and not properly maintaining the vehicle.

• Violations of regulations: Commercial vehicles are subject to strict regulations and standards for safety and maintenance. If these regulations are violated, it may be used as evidence of negligence in an accident.

• Vicarious liability: Employers may be held responsible for their employees’ actions while they are on the job. This means that if a commercial driver causes an accident while working, their employer could also share liability for any damages.

It’s important to note that in some cases, both parties involved in a commercial vehicle accident may share liability. This is known as comparative negligence or shared fault, where each party’s degree of responsibility for the accident is determined and damages are allocated accordingly.

Common Causes of Commercial Car Accidents

People involved in car accidents may suffer serious injuries or get killed. Commercial vehicles are typically heavier and larger than personal vehicles on the road. They require more effort in handling and maneuvering, making them more susceptible to driver error.

Some common causes of commercial vehicle crashes are driver negligence, malfunction, and adverse road conditions.

Driver Negligence

Driver negligence could occur when a motorist operates the vehicle without reasonable care.  For example, commercial truck drivers caught overspeeding or disregarding road signs are deemed negligent. If their negligence causes damage or injury to another, the negligent commercial driver or the driver’s employer could be held liable. In Omaha, commercial vehicle traffic is particularly heavy along I-80 and the West Dodge Road corridor, where driver negligence is a common factor in crash claims. Determining fault in such cases often requires detailed police reports and the involvement of experienced personal injury attorneys.

Vehicle Malfunction or Mechanical Failures

Another common cause of truck accidents is the presence of vehicle defects. Some parts that could cause an accident when defective are tires, brakes, wipers, and engines. Vehicle mechanical components also have a lifespan. They are likely to wear down if they are used beyond that point. In addition, when car parts are not being maintained well, the likelihood of an accident increases. Trucking companies and vehicle manufacturers may be held liable for accidents due to mechanical failures, complicating the insurance claims process.

Adverse road conditions

Bad road conditions can often lead to accidents. Bad weather can also add to the risk of driving accidents by reducing visibility and making the road hazardous. Adverse road conditions might easily cause a driver to lose control of the commercial vehicle. When accidents involving large vehicles occur under such conditions, the process of obtaining compensation for the injured parties becomes more challenging, often involving multiple parties and requiring legal assistance to establish liability and negotiate fair compensation.

Legal Aspects of Commercial Car Accidents

It is important to note that Nebraska has laws about collisions involving commercial vehicles.

Statute of Limitations

The period to file a personal injury claim in relation to auto accidents in Nebraska is four (4) years under Nebraska Revised Statute § 25-207. This means that the injured party has four years from the incident date to file a lawsuit for any losses they may have incurred. Missing that deadline can bar your claim entirely.

Modified Comparative Fault

The “modified comparative fault” rule in Nebraska, under Nebraska Revised Statute § 25-21,185.09, only permits financial compensation in situations where the claimant’s contributory negligence is less than the total negligence of all persons against whom recovery is sought. If the claimant’s negligence is equal to or greater than that total, they are completely barred from recovery.

 However, determining fault and establishing liability may vary in certain situations.

Car insurance

In Nebraska, car insurance typically follows the vehicle rather than the driver. This implies that even if another individual is driving, the collision would be covered by the vehicle owner’s insurance. According to Nebraska law, all drivers must have liability insurance. This protects them financially in the event of an accident.

Steps To Take After a Commercial Car Accident

Here are some steps you can take after a commercial car accident in Nebraska:
 

1. Call 911 immediately.
2. Remain at the scene of the accident.
3. Contact the police. You will eventually need a police report about the accident.
4. Seek immediate medical help.
5. Take several pictures and videos of the accident site and the injuries you sustained.
6. Reach out to your insurance provider.
7. Collect and exchange information from all parties involved, as well as the witnesses.
8. File an accident report as soon as possible if required.
9. Call an experienced personal injury attorney.
10. Continue medical treatment if necessary.

Navigating Insurance Claims and Settlements

Commercial vehicles are subject to higher minimum insurance requirements than personal vehicles under federal FMCSA regulations. The specific minimums vary depending on the type of cargo and the vehicle’s weight. Nebraska also requires all drivers, including commercial vehicle operators, to carry liability coverage that meets or exceeds state minimums under Nebraska Revised Statute § 60-509. In Omaha, crash reports involving commercial vehicles are handled by the Omaha Police Department for incidents within city limits and the Douglas County Sheriff’s Office for crashes outside city limits.

Getting underinsured motorist and uninsured motorist coverage is also practical. These policies provide protection if the accident is caused by an uninsured driver or one whose insurance is insufficient to pay for the cost of their treatment.

If you sustain injuries and damages from a commercial car accident, you could be entitled to receive compensation. You may claim compensation for medical expenses, pain and suffering, lost wages, and more.

Legal professionals can assist with filing a personal injury claim or lawsuit after being in an accident involving commercial vehicles. At Welsh & Welsh, PC LLO, we can provide professional legal counseling for your case.

Consult With an Experienced Truck Accident Attorney at Welsh & Welsh, PC LLO

Commercial vehicle accidents in Nebraska can involve multiple liable parties, federal regulations, and insurance companies that move quickly to limit what they pay. If you were hurt in a commercial vehicle crash in Omaha or anywhere in Nebraska, understanding your options early can make a real difference.

Welsh & Welsh PC, LLO has represented injured people across Nebraska for more than 65 years, helping clients navigate commercial vehicle accident claims from investigation through resolution.

If you would like to discuss your situation, contact Welsh & Welsh PC, LLO to schedule a free consultation.