Omaha Commercial Vehicle Accident Attorney
In Nebraska, commercial drivers and trucking companies are held to a higher standard of safety than typical motorists. If negligence by a truck driver, logistics company, or fleet operator causes a collision, they are responsible for your medical bills and other financial losses.
Commercial insurance policies are significantly larger than personal car insurance policies, and can even be worth millions of dollars. Because the stakes are so high, insurance adjusters and corporate defense teams fight aggressively to protect their profits. They may attempt to shift the blame onto you and argue you were responsible for the crash, in hopes of denying your claim entirely.
That’s why you need a law firm like DM Injury Law that won’t step down from a fight. As your Omaha commercial vehicle accident attorney, we’ll fight to strike down their defenses and demand justice. We ensure that trucking companies and their insurers pay what is fair under the law, allowing you to step away from the legal battle and focus on your physical recovery.
If you or a loved one has suffered a serious injury requiring hospitalization or ongoing medical care due to a commercial vehicle crash, your well-being is our top priority. Call us today to discuss your case and what steps to take next.
Call (314) 557-4659 or contact us online today for a free consultation.
Why Choose DM Injury Law for Your Commercial Vehicle Claim?
When you are up against a commercial entity, you need a legal team with a history of dedication, compassion, and proven results in high-stakes litigation. DM Injury Law was founded in 2013 by Michael DiPasquale and Jason Moore. Our practice has grown into one of the largest firms serving clients throughout the Midwest.
Since our founding, our firm has recovered over $1 billion for our clients. That’s thousands of clients who received the compensation they needed to pay for medical bills and other losses after a terrible accident. Our track record demonstrates our capability to handle the complexities of commercial vehicle cases, including:
- $11 Million: Our client’s son was killed in a work vehicle when a driver fell asleep at the wheel and hit him.
- $1.5 Million: Our client’s father passed away in a trucking accident where he was struck by a semi-truck that had illegally turned in front of him.
- $1.225 Million: A mother, father, and their young son were hit head-on by a car that swerved into their lane, killing both parents and severely injuring the 4-year-old.
What You Receive When You Hire DM Injury Law
We believe everyone deserves access to high-quality legal representation, especially when facing large companies and dealing with life-changing injuries. That’s why we offer these promises:
- A No Win, No Fee Guarantee: Our firm operates on a contingency fee basis. You pay us nothing unless we secure a settlement or a favorable verdict for you.
- Free Case Reviews: There is no financial barrier to getting answers. You may speak with our team about your case without any cost or obligation.
- Comprehensive Support: Along with a dedicated attorney, you’ll get help from a large support staff to help you with every aspect of your case.
What Is Your Case Omaha Commercial Vehicle Accident Case Worth?
Under Nebraska law, you are entitled to compensation that helps you receive the resources this accident cost you. In commercial vehicle accidents, the damages are often far more severe than in standard car accidents due to the size and weight of the vehicles involved.
Compensation is typically divided into two main categories:
Economic Damages
Economic damages cover the measurable financial losses that the crash costs you:
- Medical Expenses: From emergency room treatment and surgery to long-term rehabilitation and nursing care.
- Lost Income: Wages lost from missing work while you are hospitalized or recovering.
- Loss of Future Earning Capacity: If your injuries result in a disability that prevents you from returning to your specific line of work.
- Property Damage: The cost to replace your vehicle and any personal property destroyed in the crash.
- Home Modifications: Costs for ramps, lifts, or other assistive devices needed due to permanent impairment.
- Funeral and Burial Costs: If the accident resulted in the tragic loss of a loved one, you may be entitled to recover expenses associated with funeral and burial arrangements.
Non-Economic Damages
These address the emotional toll this accident caused you and your family:
- Pain and Suffering: Compensation for the physical agony and discomfort caused by your injuries.
- Mental Anguish: Damages for anxiety, depression, or PTSD, which are common after violent truck accidents.
- Loss of Consortium: Compensation for the negative impact the injuries have on your relationship with your spouse.
Speak to an experienced Omaha commercial vehicle accident attorney to ensure you are in the best position to secure all of the compensation available after an accident.
What If I Am Partially at Fault for the Accident?
Nebraska follows a Modified Comparative Negligence rule, often referred to as the “50% bar” under Neb. Rev. Stat. § 25-21,185.09. Here is how it applies to your case:
- If your percentage of fault is determined to be 49% or less, you may still recover compensation, but your award will be reduced by your percentage of fault.
- If you are found to be 50% or more at fault, you are barred from recovering any compensation at all.
Because of this strict cutoff, commercial insurance adjusters often aggressively investigate accidents to pin at least 50% of the blame on you. They may argue you were speeding, distracted, or in the truck or van’s “blind spot.”
As your Omaha commercial vehicle accident lawyer, we work tirelessly to gather evidence, such as black box data and driver logs, to prove the truck driver’s negligence and protect you from unfair allocations of blame.
How Commercial Accident Claims Work in Omaha
Unlike standard car accidents, claims involving commercial vehicles operate under complex state and federal regulations. While Nebraska is an at-fault state, commercial carriers must adhere to stricter insurance minimums and safety standards.
Nebraska law (Neb. Rev. Stat. § 60-509) requires standard drivers to carry liability insurance limits of:
- $25,000 for bodily injury to one person.
- $50,000 for total bodily injury per accident.
- $25,000 for property damage per accident.
However, commercial vehicles often carry policies worth $750,000 to $5,000,000 or more, depending on the type of cargo they haul. Accessing these limits requires proving not just driver error, but potentially systemic negligence by the trucking company, such as poor maintenance or hiring unqualified drivers.
Having an experienced commercial vehicle accident attorney in Omaha can help you find insurance policies you may not know existed, giving you potential access to a higher settlement.
Call (314) 557-4659 or contact us online today for a free consultation.
Common Causes of Commercial Vehicle Accidents
Most commercial crashes in Omaha and all of Douglas County are preventable and stem from negligence on the part of the driver or their employer:
- Driver Fatigue: Despite federal Hours of Service regulations, drivers are often pressured to meet tight deadlines, leading to drowsy driving.
- Improper Loading: If cargo is not secured correctly, it can shift during transit, causing the truck to jackknife or rollover.
- Maintenance Failures: Worn brakes, bald tires, and faulty lights are common when companies cut corners on fleet maintenance. Companies with commercial vehicles are required to follow federal maintenance and repair regulations.
- Distracted Driving: Commercial drivers relying on dispatch devices, GPS systems, or phones can lose focus on the road with disastrous results.
- Adverse Weather: Professional drivers are trained to handle Nebraska’s winter conditions. Failing to slow down or pull over during ice and snowstorms constitutes negligence.
Common Injuries in Commercial Vehicle Crashes
The sheer force of a collision with a semi-truck or delivery van often results in life-altering injuries. We frequently represent clients suffering from:
- Traumatic Brain Injuries (TBIs): Severe concussions or penetrating head injuries that require long-term cognitive therapy.
- Spinal Cord Injuries: Catastrophic damage leading to partial or total paralysis.
- Amputations: Crush injuries that result in the loss of limbs.
- Severe Burns: Accidents involving tanker trucks or fuel spills can cause life-threatening burns.
- Multiple Fractures: The impact often causes compound fractures requiring surgical reconstruction.
Where Accidents Occur in Omaha
Some roads and corridors in Omaha are more dangerous than others. These areas see a high number of collisions due to their design, traffic volume, and speed limits.
- West Dodge Road: Known for its high-speed limits and heavy commuter traffic, this expressway often sees severe accidents.
- I-80 and I-480 Interchange: The complex merging and exit patterns at this busy interchange frequently result in sideswipes and chain-reaction crashes.
- 72nd Street: This major north-south route experiences constant stop-and-go traffic and numerous intersections, making it prone to rear-end collisions.
- L Street/Industrial Road: The mix of commercial trucks and passenger vehicles navigating industrial areas creates a hazardous driving environment.
How Long You Have to File a Commercial Vehicle Accident Claim in Omaha, Nebraska
Nebraska law sets strict deadlines for filing a lawsuit. If you miss this window, you lose your right to pursue compensation forever.
- For a personal injury claim, you generally have four years from the date of the accident to file a lawsuit under Neb. Rev. Stat. § 25-207.
- For a wrongful death claim, the family typically has only two years from the date of death, as defined by Neb. Rev. Stat. § 30-810.
Important Note: In commercial trucking cases, evidence disappears fast. Trucking companies may legally destroy driver logs and maintenance records after a certain period. Surveillance footage is often taped over within days. Acting quickly allows us to send a spoliation letter to preserve this critical evidence.
Dealing with the Insurance Company
Commercial insurance adjusters are highly trained negotiators. Their loyalty lies with their shareholders, not with you. Here are tactics to watch out for:
- The Recorded Statement Trap: They will ask for a recorded statement to lock you into a version of events before you have legal counsel. Decline this request until you speak to us.
- The “Nuisance Value” Offer: They may offer a quick settlement that covers your emergency room bills but ignores your long-term care needs. It’s important to fully understand the extent of your injuries so you don’t have to pay for future treatment out of your own pocket.
- Delay Tactics: They know you are under financial pressure. By dragging out the process, they hope you will accept less than you deserve.
- Requesting Blanket Medical Authorization: They may attempt to access your entire medical history to blame your current pain on a pre-existing condition. Do not allow them this.
It is best not to speak to an insurance adjuster alone. Having a skilled commercial vehicle crash lawyer speak on your behalf gives you a better chance of getting the settlement you need to move forward.
FAQ for Omaha Commercial Vehicle Claims
What are common commercial vehicles that are involved in accidents?
Common commercial vehicles involved in accidents include:
- Semi-trucks
- Delivery trucks
- Box trucks
- Buses
- Cement mixers
- Garbage trucks
- Utility vehicles
What if the truck driver was an independent contractor?
This is a common defense. However, even if the driver is an independent contractor, the company that hired them, the owner of the truck, or the broker who arranged the load may still share liability.
What if the accident involved an uninsured commercial vehicle?
While rare for major carriers, smaller businesses may not have adequate coverage. In this case, your own Uninsured/Underinsured Motorist (UM/UIM) coverage, required by Neb. Rev. Stat. § 44-6408, becomes vital. We can help you file a claim with your own insurer.
Is it worth hiring a lawyer if the trucking company admits fault?
Yes. Admitting fault does not mean they agree on the value of your damages. They will still fight to minimize your payout for future medical care and pain and suffering.
Speak to an Experienced Attorney Today
Dealing with the aftermath of a commercial vehicle accident is overwhelming to say the least. From mounting medical bills, sitting at home in pain while missing out on your paycheck, and a damaged car, it’s normal to feel angry and anxious.
At DM Injury Law, we have the resources to stand up to billion-dollar insurance carriers. We prepare every case as if it is going to trial, which often convinces the opposition to offer a fair settlement.
Call us today and let a dedicated Omaha commercial vehicle accident attorney fight for you. An initial consultation with our team is always free and comes with no obligation to move forward.
Call (314) 557-4659 or contact us online today for a free consultation.
