A car accident is bad, but a collision with a semi-truck can be worse. Commercial vehicles are heavier, bigger, and typically carry goods that add to the weight and size. Damages from truck accidents are also very expensive and dangerous.
If you or a loved one were involved in an accident with a large truck, you might be able to sue them for damages. You should not be responsible for the cost of personal injury and property damage for a crash that was not your fault.
An Omaha truck accident lawyer can help you start the legal proceedings to claim. Call the Ben Crump Law, PLLC team at (800) 630-9229 to talk about your case.
Truck Accident Lawsuits
To pursue a claim against the truck company, you will need to show proof that the driver or organization is at fault for the crash. The business’s legal team might try to give you as little as possible, saving their clients money.
Our legal team at Ben Crump Law, PLLC can fight on your behalf for the compensation you need to recover from the incident. We can investigate to discover the needed evidence while you heal.
It takes resources to file a lawsuit. With our group, you have no up-front costs. We work on a contingency fee basis, meaning we collect our payment from your settlement. When you win, we win. Contact us to find out more.
For a free legal consultation with a truck accidents lawyer serving Omaha, call 800-630-9229
Filing for Damages from a Truck Accident
You have two years to file a compensation claim, according to Nebraska Revised Statute § 48-1237. A lawsuit starts by sending a notification of intent to sue. This informs the truck driver and company of:
- Who you are.
- The amount of money you are requesting.
- Any other demands.
- A time frame for them to respond.
The trucking company may want to settle your case out of court. An Omaha truck accident lawyer from our legal team can negotiate on your behalf. We can also fight for you during a trial.
Omaha Truck Accident Lawyer Near Me 800-630-9229
When the Truck Driver Is Responsible
Truck drivers are responsible for following traffic laws, ensuring their vehicle is working properly, and transporting their haul. Those who hold commercial driver’s licenses have more rules to follow than standard drivers. Some of these include:
- Hours of service guidelines
- Mandatory breaks
- Maintaining a driving log
- Not driving in adverse weather conditions
- Strict alcohol and drug rules
- Vehicle checks
These rules are in place for the safety of others. A driver who is on the road for too long can become drowsy. Fatigued drivers are more likely to cause a collision.
You need to prove the driver’s negligence in most personal injury cases. When someone is negligent, they have failed to take measures a reasonable person would have taken. On the road, all drivers have a duty to avoid causing harm to others by following traffic laws.
A negligent truck driver might be someone who was:
- Distracted while driving by using a cell phone.
- Driving impaired by drugs or alcohol.
- Breaking traffic laws, like speeding and illegal lane changes.
- Breaking commercial driving laws about hours of operation.
The driver may not be negligent if weather conditions were bad or the fault was on the other driver. We can help you file a suit against the responsible party.
When the Trucking Company Is Responsible
There are some cases when the driver’s company is responsible for the accident. Trucking companies must maintain their vehicles with routine checks and mechanical repairs. Everything from headlights to turn signals must work properly.
The company is responsible for hiring and training competent employees. They can also be liable for the actions of their drivers. Some examples of a trucking company’s obligations include:
- Making sure their drivers’ commercial driver’s licenses are valid
- Keeping records of drivers’ hours of operation and breaks
- Inspection, repair, and maintenance of vehicles.
The Federal Motor Carrier Safety Administration (FMCSA) has regulations that carrier companies must fulfill. Courts may find companies liable for damages of a truck accident if they failed to follow these rules.
Trucking companies have insurance to cover settlements. If the trucking company is liable for your rewards, its insurance company will be responsible for covering the payments.
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Compensation from Truck Accident Cases
In addition to proving negligence, your case will need other types of evidence. If you or your family member experienced an injury, medical records and bills would illustrate the cost and extent of the physical damage.
You may be able to sue for lost wages if you missed work or can no longer work because of the accident. If the accident resulted in a permanent disability that prevents you from working, you would need money to sustain your way of life.
You can also sue for pain and suffering. Pain and suffering is a non-economic loss, meaning there is not a fixed price. Pain and suffering include the physical and mental agony you or your family members endure as a result of the accident.
In the event of wrongful death, you can seek financial compensation for the loss of your family member. The loss of consortium is a legal term for losing a family relationship. Rewards from loss of consortium can include medical bills, funeral and burial expenses, and more.
Getting a Legal Professional on Your Side
Your Omaha truck accident lawyer will look into your case to find evidence to strengthen your claim. They can also negotiate with the company and its insurance company for the compensation you seek. Law professionals are aware of your rights as a victim of a truck accident and can fight for what you need to recover from the incident.
At Ben Crump Law, PLLC, we do not shy away from touch cases like truck accidents. You should not continue to suffer from the damages and losses of a truck collision. Call our legal team at (800) 630-9229.