Omaha Truck Accident Attorney
Truck accidents happen on Nebraska’s highways and streets. Most of these drivers are safe and professional. All of these drivers follow federal safety rules that keep our highways safe and protect us all. Unfortunately, when the drivers of these big trucks don’t follow these important safety rules, people get hurt.
When a passenger car is struck by a large truck, the injuries to the victims are much more likely to be fatal than injuries from an accident involving two smaller vehicles. Anyone involved in a truck accident has to contend with two major problems. First, semi-trucks and tractor-trailers are massive, and so collisions with them tend to cause serious injuries. Second, trucking companies are typically owned by large corporate entities, and they have experience minimizing their liability for injuries caused when their trucks are involved in accidents. If you have been involved in a truck accident, contact our Omaha truck accident lawyers today.
Omaha Truck Accident-Related Resources
Ways That Omaha Trucking Accidents Happen
Trucking accidents can be caused by some of the same negligent activities that cause car accidents. However, they can also be caused by some characteristics that are specific to large commercial trucks. These include accidents caused by jackknifing, driver fatigue or incompetence, inability to apply hydraulic braking system in time, or from shifting weight of the cargo, causing fishtailing or swerving. All of these situations can cause serious accidents, and when they involve a passenger car and a large truck, there is a high probability that there will be catastrophic injuries to one or more of the parties involved.
Common Truck Accident Injuries in Omaha
While any type of accident can cause serious injuries, truck accidents are more likely to cause catastrophic and sometimes fatal injuries. Common semi-truck accident injuries include:
- Trauma to internal organs
- Traumatic brain injuries
- Neck and spine injury
- Broken bones
- Soft tissue injuries.
All of these injuries will require extensive medical care, including surgery, therapy, extended hospitalization, and medication. In some cases, victims of these injuries never make a full recovery. This is why you need an experienced Omaha semi-truck accident attorney to make sure you get the compensation you deserve.
Do You Need to Go to Court If You File a Truck Accident Claim?
Filing a truck accident claim does not necessarily mean you have to go to court. Jury trials are reserved for complex cases that cannot settle at the pretrial stage. Close to 96% of personal injury cases settle without going to court. With a truck accident lawyer by your side, the odds of achieving a successful settlement with an insurance carrier are high. Your attorney can use proven negotiation strategies.
Your attorney will work closely with you to identify your goals for the truck accident case. If your goal is to achieve a fast and fair settlement without going to trial, your lawyer will work hard to achieve this goal. If you are willing to go to court for maximum financial compensation instead, and this is necessary based on how the insurance company is handling your claim, your lawyer will pursue that goal. Most truck accident cases, however, do not need to go to court.
Nebraska Truck Accident Statistics
Commercial trucks are involved in thousands of serious injury and fatal traffic accidents every year. According to the Federal Motor Carrier Safety Administration, 4,862 fatal accidents involved large trucks in the US in 2018 alone. This was a 1% increase from 4,804 fatal truck accidents the year before.
The Nebraska Department of Transportation (NDOT) reported that in 2019, a traffic accident occurred every 14 minutes, 47 people were injured every day and 1 person was killed every 35 hours. The NDOT also reported a rate of 3.9 heavy truck accidents per 100 million vehicle miles traveled in 2018 and 4.1 in 2019. These collisions were largely caused by driver errors and truck breakdowns.
Some of the most common causes of traffic accidents in Nebraska according to the state’s Department of Health and Human Services are distracted driving, impaired driving and speeding. Distracted driving increases the risk of a collision by 23 times, while speeding is a factor in about 1 in 3 collisions in Nebraska. Driving under the influence takes thousands of lives each year. If a truck driver was guilty of any of these acts of negligence in causing your accident, you have grounds for an injury claim.
Act Quickly to Preserve Evidence
Unfortunately, evidence in truck accident cases is fleeting. Within a few days, tire tracks start to fade from the road and material witnesses begin to forget what they saw. The first days, weeks and months after your accident are crucial to documenting the evidence necessary for proving precisely what happened and for demonstrating who was at fault. If this evidence disappears, then your case could be severely weakened: you might even jeopardize your claim altogether.
At Matthew G. Miller, our personal injury attorneys in Omaha will personally conduct a thorough investigation of your accident. When necessary, we will examine the scene, take photos, interview witnesses, and work to gain access to inspect the damaged vehicles. The sooner this investigation can begin, the stronger your case will ultimately be.
What Should You Say to Your Insurance Provider After a Truck Accident?
You must be careful when speaking to a claims adjuster from an insurance company, as he or she will want to diminish your financial recovery as much as possible. When you report your truck accident to your auto insurance company, stick to the facts. Do not speculate about fault or admit to causing the truck accident.
Do not agree to give the insurance company a recorded statement. Instead, say that your lawyer will submit a written statement. Also, refrain from answering any questions about your injuries until you have seen a doctor. These rules apply when talking to any insurance carrier – yours, the truck driver’s or the truck company’s. If you do not wish to handle conversations with an insurance company on your own, an attorney can take over for you.
What Kinds of Damages Can You Recover?
Damages are the amounts and types of financial compensation you can receive from the party guilty of causing your commercial truck accident in Nebraska. Recoverable damages are directly linked to the injuries and losses you suffered. An attorney from Matthew G. Miller can carefully review your case to help you craft a full list of your compensable damages:
- Accident-related medical bills
- Ongoing health care costs
- Prescription medications
- Lost wages and capacity to earn
- Vehicle repairs and a rental car
- Out-of-pocket expenses
- Pain and suffering
- Mental anguish
- Loss of consortium
- Punitive damages
Discuss the value of your truck accident case with an attorney for more information about your potential settlement. A lawyer will look at factors unique to your case, such as the extent of your injuries and recovery time, to accurately evaluate what the claim is worth. Then, your lawyer will fight to achieve the maximum value available.
Hire a Truck Accident Attorney To Represent You Today
Only an experienced Omaha auto accident lawyer can help you understand and protect your rights in your Nebraska trucking accident claim. One of the best ways to learn about a law firm is to see what former clients have said. We encourage you to read our clients’ testimonials here or if you would like to schedule a free personal injury case consultation to discuss your claim, contact our Omaha truck accident lawyers today.
“My son was in a horrible car accident. I did not know what to do or who to contact. A good friend of mine referred me to Matt Miller. As soon as my son was out of the hospital, I went to see Matt and his staff. Ann and Mary were wonderful to work with. They guided me through the process and made it somewhat stress-free. The moment I sat down with Matt, I felt a sense of relief knowing that they had everything under control and allowed me to focus on getting my son on his road to recovery. I highly recommend that if you are in need of an attorney to call Matt Miller.” – Kristin Vance, client