Omaha Truck Accident Attorney

Employer Liability for Truck Drivers

Truck accidents are unique in that they do not just involve two vehicle drivers. They may also involve the trucking company, truck owner, leasing company or cargo loaders. An employer’s vicarious liability for its employees applies to most truck accident cases. Although most truck drivers operate as independent contractors, trucking companies will still be liable for their actions and misconduct under federal law.

Holding a truck company accountable for a truck driver’s negligence takes proving that the driver breached a duty of care and that this action or omission caused the collision. It will also take proving that the truck driver was performing work-related duties at the time of the accident. A truck company may also be responsible for an accident due to its negligence, such as a lack of proper driver training or failing to conduct background checks.

The Knowles Law Firm can help you hold a trucking company in Nebraska accountable for your injuries. We have years of experience in this practice area. We are not afraid to go up against the largest trucking corporations in the country in pursuit of damages on your behalf. Our truck accident attorneys can help you prove the trucking company’s liability using available evidence. We can help you get the most for your claim.

Truck Manufacturer Liability 

Some truck accident lawsuits involve product liability rather than a trucking company’s negligence alone.

Product liability is a product manufacturer or distributor’s financial responsibility for injuries and deaths that defective items cause. A semi-truck accident claim may involve product liability if the truck manufacturers or passenger vehicles contained a defect that contributed to injuries.

Tire Blowout

Tire blowouts on 18-wheelers can cause the truck to lose control and rollover. A tire may experience a blowout when it contains manufacturing defects such as thin walls or a lack of tread.

Bad Brakes

A truck’s brake system must function optimally for the safety of everyone on the road. Defective brakes may give out at a crucial time, causing the big rig to jackknife or careen out of control.

Loose Cargo

Trucking companies and cargo loaders must obey federal cargo securement laws. If the load straps and locks they use contain defects, however, the truck could lose its load on the road. Lost loads can cause deadly personal injuries.

Hydraulic Problems

The hydraulic pumps in a commercial truck could malfunction and cause an accident if they contain defects. Defective or dangerous hydraulic pumps may leak fluid, overheat or fail during transport.

Defective Safety Equipment

Regardless of who caused the crash, if the airbag or seat belt did not perform as intended, the item’s manufacturer could be responsible for injuries. Defective safety equipment in a commercial truck or passenger car could contribute to serious injuries.

Defective truck equipment could be the manufacturer’s fault if the item had a defect when it left the factory. It could also be the truck company’s fault if the product became defective over time due to a lack of proper maintenance.

Poor fleet maintenance has contributed to thousands of serious and deadly truck accidents over the years. It is a company’s responsibility to properly inspect and repair its trucks.

How to File a Truck Accident Claim With Insurance Companies

When facing insurance companies after a truck accident in Omaha, it’s crucial to approach the situation with caution. These companies are in the business of making money, not spending it. Therefore, their initial offers might be much lower than what your claim is actually worth.

First, always ensure you have reported the accident to your insurance, but limit what you share until you have spoken with a lawyer. Avoid admitting fault or giving detailed statements without legal advice.

Next, document every interaction you have with insurance representatives, including dates, the names of individuals you spoke with, and the gist of your conversations. This documentation can be invaluable, especially if disputes arise later.

It’s also wise to refrain from accepting the first settlement offer without consulting your Omaha truck accident lawyer. They can evaluate if the offer fairly compensates for your damages, including medical expenses, lost wages, and other losses. Insurance companies often use pressure tactics to encourage quick settlements, but patience and the guidance of a knowledgeable lawyer can lead to a more favorable outcome.

Let your lawyer negotiate on your behalf; their experience and skills in dealing with insurance companies can make a significant difference in the process and outcome.

When to Call an Omaha Truck Accident Attorney

A commercial truck accident in Omaha is not your standard car crash. Determining liability and proving fault can be difficult against a trucking company in Nebraska. Many parties could share fault for the accident.

Evidence related to truck driver fatigue is crucial in truck accident cases, as fatigue is a common factor leading to drowsiness, distracted driving, and dangerous habits. You may face countersuits alleging your responsibility for the accident. Hiring an Omaha injury lawyer attorney can remove the burden of the claims process from your shoulders.

While you focus on medical treatments for your injuries, your attorney can investigate your truck accident and determine its proximate cause. Your lawyer can gather evidence such as the truck’s black box information and the driver’s electronic logging device records.

Your attorney will build a case against the defendant(s) in pursuit of fair compensation on your behalf. A lawyer will know how to negotiate for maximum compensation.

How Do You Find an Experienced Truck Accident Lawyer?

Finding the right truck accident lawyer in Omaha might seem like a daunting task, but it’s simpler than you might think. Start by asking friends or family members for recommendations, especially those who have had a similar experience. Word-of-mouth can lead you to a lawyer who has proven their worth.

Next, take advantage of the internet. Look for lawyers who specialize in truck accidents, and don’t forget to check reviews and testimonials from their past clients. This can give you insight into their expertise and how they treat their clients.

Additionally, consider looking for a lawyer who offers a free initial consultation. This meeting can give you a feel for whether they understand your truck accident claim and if they’re someone you can work with. When you meet, ask about their experience specifically with truck accidents, their success rate, and how they communicate with clients.

It’s important that you feel comfortable with your lawyer, as you’ll be working closely with them. Remember, the right truck accident lawyer for you is someone who not only has the legal expertise you need but also values your case as much as you do.