Why You Need an Omaha Truck Accident Attorney
Truck accidents are amongst the deadliest in the United States. Commercial trucks are more likely to cause fatal accidents than passenger vehicles due to their larger size and weight. Truck accident victims are often left with serious injuries, if not fatal.
Trucking companies and drivers are required by law to follow Federal Motor Carrier Safety Regulations. More often than not, accidents happen when these regulations are violated.
If you have been involved in a truck accident, you have the right to recover compensation for your damages by filing a truck accident claim. Understandably, many victims in Omaha don’t file on time or at all due to the emotional, financial, and physical consequences of such tragic accidents.
An Omaha truck accident lawyer can help you determine who’s liable for the accident and file your claim with the liable party’s insurance company. They can also calculate your damages and take your truck accident case to court if necessary.
Experienced truck accident lawyers at Welsh & Welsh, PC LLO, are committed to helping truck accident victims hold the at-fault party accountable and recover fair and equitable compensation for their damages.
How Truck Accident Claims Work in Omaha
Nebraska is an at-fault state regarding road accidents, which means victims are entitled to compensation for their damages by the party or parties that caused the trucking accident.
Before filing your claim, it’s crucial that you either report the accident to law enforcement or the Nebraska Department of Transportation (NDOT). If your truck accident wasn’t investigated by a law officer, you are required by law to report the accident if it results in physical injuries, death, or more than $1,500 in property damages to either party within ten days of the accident. You can do so by filling out the Driver’s Crash Report online or on paper.
After filing your claim with the at-fault party’s insurance company, it will assign an adjuster to your case. The adjuster will review the compensation you are seeking and either accept it, deny it, or make a counteroffer. Your attorney will negotiate with the adjuster for a favorable settlement, but if no agreement is reached, you can take your case to court.
Nebraska applies the modified comparative negligence rule, which means you can still be compensated even if you are partially at fault for the accident. However, the court will reduce your compensation by the percentage of your fault, provided it’s less than 50 percent. If you are found to be more than 50 percent at fault, you will not recover any damages.
It’s crucial that you are aware of whether and how much your actions contributed to the accident before filing. An experienced truck accident lawyer from Welsh & Welsh, PC LLO, will help you investigate the accident and determine who’s at fault. While most truck accident cases are resolved out of court, it may be the only way to be compensated.
Determining Liability in an Omaha, Nebraska Truck Accident
Truck accident lawsuits are often complex and time-consuming because multiple drivers are usually involved and possibly multiple liable parties. One or more of the following parties can be liable for commercial truck accidents:
- The commercial truck driver: Truck drivers are often at fault for accidents if they engage in negligent or reckless behaviors such as distracted driving, speeding, and driving for long hours without breaks.
- The trucking company: Truck companies may be liable for commercial trucking accidents when they fail to hire qualified drivers or maintain their vehicles. If carrier safety regulations were violated, both the driver and the company may be liable.
- The truck manufacturer: The manufacturer may also be held liable if a defective design or part was responsible for the accident.
- A state agency: When road surface quality, misplaced or absent signage, or inadequate lighting contributes to the accident, the responsible state agency may be held liable.
- Another driver: Sometimes, another motor vehicle driver violates traffic law and causes the truck driver to suddenly stop or diverge, leading to the accident. In this case, the third driver alone or along with the truck driver may be liable.
Recoverable Damages in a Truck Accident Claim in Omaha, Nebraska
The state of Nebraska does not limit the compensation you can recover as a truck accident victim. Therefore, you may be entitled to recover economic, non-economic, and punitive damages, including:
- Medical treatment and associated expenses
- Car repair and replacement costs
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Legal fees
Your compensation will depend on the circumstances of your case and the severity of your injuries and losses.
How an Omaha Truck Accident Attorney Can Help You
After a truck accident, you should hire a lawyer who understands Nebraska traffic and personal injury law to guide you through these challenging times. Whether involved in a minor or fatal truck wreck, you may be entitled to recover compensation for your damages.
Here’s how Omaha truck accident lawyers can help you:
- Investigate the accident and determine who’s liable
- Calculate your damages, including future expenses
- Prepare and file your demand letter with the at-fault party’s insurer
- Handle all communication with the insurance company
- Negotiate with the adjuster for fair compensation
- Take your claim to court if necessary
How Long Do I Have to File a Truck Accident Lawsuit?
The time frame to file a truck accident lawsuit varies depending on the state. For instance, in the context of Omaha truck accident attorneys advising their clients, the statute of limitations in Nebraska is typically four years from the date of the accident for personal injury claims and two years for wrongful death claims.
This time limit is crucial in trucking accident claims, as failing to file within this period can result in the loss of the right to sue for damages.
It’s essential for victims of semi-truck accidents or heavy truck accidents, including passenger vehicle occupants injured in such incidents, to consult with truck accident attorneys as soon as possible.
This ensures that legal action is initiated within the appropriate timeframe, allowing for the recovery of damages like medical expenses and other losses related to the accident.
What Evidence Is Important in a Truck Accident Case?
In truck accident cases, certain types of evidence are particularly crucial. Trucking industry regulations and records can be vital, as they may indicate issues like truck driver fatigue, which is a common factor in these accidents. Other important evidence includes:
- Police report: Document the scene and initial findings about the cause of the accident.
- Witness statements: Accounts from bystanders or other drivers can provide additional perspectives on the accident.
- Medical records: Detailing injuries, medical expenses, and the impact on the victim’s health.
- Driver’s logs: Trucking companies are required to keep records that could show driver fatigue or violations of hours-of-service regulations.
- Truck maintenance records: Indicating whether the truck was in proper working order.
- Photos and videos from the scene: Showing the positions of vehicles, road conditions, and other relevant factors.
Gathering this evidence is a key part of building a strong case. Omaha truck accident attorneys, or lawyers in other jurisdictions, will use this evidence to establish liability, the extent of injuries, and the financial impact, including medical bills and other damages.
This evidence forms the foundation of trucking accident claims, helping to ensure that victims receive fair compensation for their losses.
Welsh & Welsh, PC LLO, Is Here for You
Getting financial compensation can be complex if you or a loved one is involved in a truck crash. Trucking and insurance companies will do everything they can to pay as little as possible. Your injuries and suffering may be worth more. Our compassionate truck accident lawyers at Welsh & Welsh, PC, LLO, will fight for your right in a fair settlement.
We are ready to litigate your case and provide the aggressive representation you need to fight against trucking companies. Contact our law office today to schedule your free consultation.
How Long Do I Have to File a Truck Accident Lawsuit in Omaha, Nebraska?
The Nebraska statute of limitations for personal injury lawsuits is four years from the accident date. It’s important to note that the sooner you file, the higher your chances of obtaining favorable outcomes are. Crucial evidence can be lost within months, and you may no longer be able to prove liability and recover any damages.
What Are the Most Common Truck Accident Injuries?
A commercial truck accident can leave victims with catastrophic injuries that can permanently affect the victim’s quality of life. Some injuries can leave victims totally dependent on medical care for the rest of their lives. Common truck accident injuries include the following:
- Amputations and disfigurement
- traumatic brain injuries
- Burn injuries
- Broken bones
- Spinal cord injuries