Omaha Truck Accident Attorneys
Representation Backed by Decades of Collective Experience
The high density of commercial truck traffic on roadways throughout Nebraska and Iowa is a constant challenge for other motorists. Massive 18-wheelers, construction rigs, tankers, equipment haulers and other trucks accelerate far more slowly, require far greater distance to stop, and generally operate much differently than passenger vehicles. Most importantly, when a collision occurs, the consequences for anyone in an ordinary vehicle are often devastating.
Trucking accident claims are more complex than ordinary car accident claims. If you or a family member is suffering after a wreck involving a commercial vehicle, it is essential to get experienced legal counsel involved as promptly as you can. At Burnett Wilson Law, our experienced Omaha truck accident lawyers will move decisively to protect your rights.
Backed by decades of experience, we will handle your case with the utmost professionalism and care. Contact us to learn more about your options in a free case evaluation.
On This Page:
- Our Approach
- Common Causes of Truck Accidents
- Truck Driver Regulations
- Who Is Liable After a Truck Accident?
- How Long Does It Take to Settle a Truck Accident Claim?
- What Damages Can I Recover?
- What Injuries Are Most Common?
- Why Hire a Truck Accident Attorney?
- What To Do After a Truck Accident
Our Approach to Truck Accident Cases
Led by our attorneys Joe Risko and Andy Wilson, we counsel our personal injury clients and families grieving a wrongful death with compassion and pursue every angle available to maximize their financial recoveries.
Our approach includes the following:
- Conducting a thorough investigation of the truck accident scene, involving top-quality experts in accident reconstruction if needed, to recover evidence and analyze exactly what happened
- Considering all potential causes of a trucking accident — including violations of state or federal laws intended to prevent driver fatigue, maintenance failures, driver intoxication and other factors sometimes concealed by trucking companies and their insurance companies
- Building a compelling picture and accounting of the total impact of the accident on your life, in order to recover maximum compensation for medical treatment, lost wages, loss of companionship and other damages
- Prioritizing your well-being and future as we evaluate all legal options and keep you actively informed through every phase of your case
Some of the most common causes of semi-truck accidents include:
- Fatigued driving
- Driving under the influence
- Aggressive driving or speeding
- Poor weather conditions (particularly in the winter)
- Distracted driving
- Poor judgment or lack of experience
- Poor truck maintenance
- Overloaded or poorly loaded cargo
- Negligent hiring practices
- Disregard for traffic laws (failure to yield, running red lights, etc.)
While commercial trucks play an important role in our society, they can also pose a serious risk to other drivers on the road in the event of an accident. Because of this Truck drivers are heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA regulated many aspects of the trucking industry, one of these important regulations is called the hours of service regulations.
The Hours of Service Regulation States:
- Truckers can work up to 14-hours in a given day, however, in this time period they can only drive for 11 hours. The remaining three hours must be spent on meal or rest breaks.
- After the 14-hour workday is over, drivers must rest for at least 10 hours before returning to work.
- Truckers also must take days off work at regular intervals. If a trucking company is open seven days a week a driver is only allowed to work 70 hours in an eight-day period before taking at least 34 consecutive hours off. If a trucking company is open less than seven days a week than a driver is only allowed to work 60 hours in a seven-day period before taking 34 hours off.
Since tired drivers are much more likely to get in an accident while driving these rules are crucial to protecting other motorists on the road. Unfortunately, it is not uncommon for truckers to break these rules, either by their own volition or at the encouragement of the company. In rarer circumstances, these regulations are modified in times of national emergency, in order to help get supplies where they need to go faster, such as in the recent COVID-19 crisis. No matter the case, the result is the same, more tired truck drivers and more accidents.
Answering Your FAQ:
It usually takes a skilled investigation to determine who is liable after a truck accident as many people can be held accountable. The parties most often found responsible are the trucking company, the truck driver, and the truck manufacturer. The trucking company is found liable more often than not because they are often caught encouraging their drivers to break trucking regulations in order to help save their company time and money.
If an accident was caused by the actions of a trucker, such as drinking while driving, they may be held liable for an accident. Last if an accident was caused by a manufacturing defect the manufacturer of the truck may be held responsible. No matter the cause of your accident, our firm is experienced in investigating truck accident claims and has the skill and knowledge to identify the appropriate party or parties who can be held responsible.
While it may be tempting to accept the first settlement offer the insurance company gives you, you should hold off on accepting until you've discussed your injuries with a lawyer. Rushed settlements often overlook details and work out in the insurance company's favor, rather than yours.
Settling a truck accident claim with a lawyer on your side can take anywhere from a few months to several years, depending on liability, insurance policies, and whether or not the responsible party is willing to admit fault.
Additionally, depending on how severe your injuries are you may want to wait until you have reached maximum medical improvement before agreeing on a settlement amount. This can help ensure that the settlement truly covers all of your damages.
A good truck accident settlement will attempt to compensate you for any of the following (depending on the details of your case):
- Damage to your personal property
- Any lost wages or a change in your ability to return to your previous job
- Any medical expenses (including ongoing treatment or therapy)
- Noneconomic damages, such as: pain and suffering, loss of companionship or consortium, loss of quality of life, etc.
A good attorney will work to understand the damages you have suffered as a result of your accident and fight to get the compensation you deserve.
Sadly, many truck accidents result in death, either of the truck driver or the passenger vehicle occupants. For those who survive, they usually suffer from severe injuries that require immediate medical attention including:
- Serious head injuries including concussions and TBIs
- Severe back or neck injuries, sometimes resulting in paralysis
- Broken bones
- Damage to internal organs
- Serious lacerations, bruising, etc.
- Injuries caused by their seat belt
The biggest reason for hiring a lawyer to represent you in your truck accident claim is because the trucking company will without a doubt have a lawyer representing them. This means that if you end up going to court, you could be facing a professional lawyer on your own. By hiring an attorney to fight on your behalf, you give yourself the same advantage that the trucking company has. Your attorney can also help alleviate some of the pressure you're facing and allow you to focus on your recovery, rather than going head-to-head with insurance companies. Finally, at the end of the day, statistics show that you are more likely to recover fair compensation (especially for catastrophic injuries) if you have a truck accident lawyer in your corner.
Immediately following your accident you should take the following steps:
- Notify the police if they have not already responded to the scene
- Give a statement to the police
- Exchange details with the truck driver; get the name of their trucking company, their insurance details, and their driver's license number and plate number
- Take pictures of the scene, your vehicle, your injuries and any other details that you think may be pertinent to your case later on
- Obtain medical attention and keep a detailed record of any treatments or surgeries you receive following the accident as well as anything you are forced to pay out-of-pocket
- Notify your insurance company of the accident, but don't provide any more details than necessary
- Speak to a truck accident lawyer about your case and determine whether or not you will need to pursue legal action in order to obtain a fair settlement
Don't wait to get started. Call our truck accident lawyers in Omaha to schedule a free, no-obligation consultation today.
Turn To Our Experienced & Compassionate Advocates!
Fault is often strongly contested in trucking accident cases. Insurers know that their liability in a catastrophic injury or wrongful death matter is extremely significant, and truckers and their employers want to protect their safety records. Choose only the most experienced truck accident attorneys in Omaha for your representation during this time.
For the focused representation you and your family deserve in this pivotal time, we encourage you to turn to our professional family. We will provide a free consultation, and you will pay us no fees until we take your case and earn compensation for you.
Call (402) 810-8611 for more information about your options!