About Truck Accident Law in Omaha, United States
Truck Accident Law in Omaha falls under the broader spectrum of personal injury law. It comes into action when a truck accident occurs due to negligence, recklessness or intentional misconduct. The accidents can involve commercial trucks, semi-trucks, tractor-trailers and other large freight carriers. This law helps victims in getting compensation for their damages, including medical bills, loss of wages, pain and suffering.
Why You May Need a Lawyer
Given the complexity of truck accidents, it’s often not as simple as filing a claim with an insurance company. The victim might face resistance from truck companies and insurance providers who want to minimize their responsibility. A lawyer can represent you and protect your interests, from proving the fault of the truck driver or company to negotiating with insurance companies. In the worst-case scenario where the accident results in a fatality, lawyers can help the family claim for wrongful death.
Local Laws Overview
Omaha follows Nebraska’s state laws on truck accidents. Nebraska operates on a fault-based system where the person causing the accident is responsible for the damages. Nebraska also has specific laws regulating trucking companies and truck drivers including strict stipulations about weight limits, cargo securement, and rest periods for drivers. Knowing these laws can provide the vital evidence proving negligence in a case.
Frequently Asked Questions
What is the deadline to file a claim in Omaha, Nebraska?
The statute of limitations in Nebraska for filing a personal injury or property damage claim is four years from the date of the accident.
What if the truck driver was not at fault?
The liability could be on the company who owns or leases the truck, the company that loaded the truck or even a manufacturer in case of a mechanical failure leading to an accident.
What can I claim for?
Compensation could be claimed for medical expenses, lost earnings, property damage, physical pain and mental suffering.
Can I still claim if I was partially at fault?
Nebraska follows the modified comparative negligence rule. If you’re less than 50% at fault, you can still recover damages. However, your compensation will be reduced by your percentage of fault.
Will my case go to trial?
Most truck accident claims in Omaha are settled out of court. However, if the parties involved can't agree on a settlement, the case can go to trial.
Additional Resources
The Nebraska Department of Transportation and Federal Motor Carrier Safety Administration provide plenty of resources and regulations on truck safety. The Nebraska State Bar Association also provides resources to help you find a specialized attorney. Local law schools often host free legal clinics.
Next Steps
If you or a loved one is injured in a truck accident in Omaha, it is recommended to contact a personal injury lawyer experienced in truck accidents immediately. Collect as much evidence as possible from the accident site including pictures, witness testimonies and police reports. Always get proper medical attention and keep a record of all associated expenses.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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