Omaha Truck Accident Attorney

Big truck drivers and trucking companies in Nebraska must follow strict safety rules. If a truck driver or a trucking company is negligent and causes a crash, whether from reckless driving or poor vehicle maintenance, they should pay for your medical bills that result from being in the accident.

Insurance policies for semi-trucks and their companies are much bigger than regular car insurance. They can be worth millions of dollars. Because so much money is at risk, insurance companies will fight hard to keep their money instead of helping you get the money you need to recover. In fact, even if the fault is clearly on them, they might try to blame you for the crash, so they don’t have to pay you anything.

That is why you need a law firm like DM Injury Law. We don’t back down from large insurance companies. As your Omaha truck accident attorney, we will fight against their excuses and demand what is fair for YOU. We take care of the legal matters so you can focus on healing and moving forward from this tragic incident.

If you or someone you love was seriously injured in a truck crash in Omaha, Nebraska, and is dealing with costly medical bills, we want to help. Call us today to talk about what to do next. Your initial consultation is FREE, and you have no obligation to move forward.

Call (314) 557-4659 or contact us online today for a free consultation.

Why Choose DM Injury Law for Your Truck Accident Claim?

When you go up against a big trucking company, you need a strong legal team to fight for you. DM Injury Law was started in 2013 by Michael DiPasquale and Jason Moore. We have grown into one of the largest firms in the Midwest because we care about our clients and we get the results they deserve.

We have recovered over $1 billion for our clients. That number signifies the thousands of people who got the money they needed for medical bills and lost wages after a life-changing accident. We know how to handle tough truck accident cases.

Here are some of our real case results:

$11 Million: We helped a family after a driver fell asleep and crashed into a work vehicle, tragically killing their son.
$1.5 Million: We fought for a client whose father was killed when a semi-truck made an illegal turn in front of him.
$1.225 Million: We secured justice for a family after a car swerved into their lane head-on, killing both parents and badly hurting their 4-year-old son.

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What You Get When You Hire DM Injury Law

We believe everyone should have a lawyer who will represent their best interests and fight for the future they deserve, no matter how much money they have. When you hire us, we promise:

No Win, No Fee Guarantee: We operate on a contingency fee basis. That means you pay us nothing unless we win your case.
Free Consultations: It costs nothing to talk to us and get answers. Your consultation is free, and you have no obligation to move forward with us.
Full Support: When you hire DM Injury Law, you get a dedicated lawyer and a large support staff to help you with every part of your case.

What Is Your Omaha Truck Accident Case Worth?

Under Nebraska law, you have the right to receive money to cover your medical bills and other losses after a terrible accident. Truck crashes often cause much worse injuries than regular car accidents because semi-trucks are so big and heavy.

You can typically get money for two types of losses:

Economic Damages

This money will cover tangible losses that have accrued:

Medical Bills: This will cover the costs of the emergency room, surgery, rehab, and more.
Lost Wages: Money you lost because you couldn’t work while you were hurt.
Diminished Earning Capacity: If you can’t go back to your old job because of your injury, you can receive compensation to cover these losses.
Property Damage: This will cover the cost to fix or replace your car.
Home Changes: If your home needs ramps or lifts because the accident caused a permanent injury.
Funeral Costs: If you lost a loved one, you can get help paying for the funeral, including costs for burial arrangements.

Non-Economic Damages

This money will cover non-measurable losses the accident caused you:

Pain and Suffering: You can receive compensation for the physical pain you feel.
Mental Anguish: This will cover the anxiety, depression, or PTSD that often happens after a life-changing truck crash.
Loss of Companionship: This is compensation for injuries that hurt your relationship with your spouse.

Speak to an experienced Omaha semi-truck accident lawyer to ensure you are in the best position to secure all of the compensation possible after a life-changing accident.

What If I Am Partially at Fault for the Accident?

Nebraska has a rule called “Modified Comparative Negligence.” It is often called the “50% bar” rule under Neb. Rev. Stat. § 25-21,185.09. This is how it may apply to your case:

If you are found to be 49% or less at fault, you can still receive compensation for your losses, but it will be reduced by your percentage of fault.
If you are found to be 50% or more at fault, you cannot receive compensation.

Because of this rule, insurance adjusters will try very hard to say you were at least 50% to blame. They might say you were speeding or driving in the semi-truck’s “blind spot.”

As your truck accident lawyer in Omaha, we work hard to find evidence, like the truck’s “black box” data and driver logs. We use this to prove the truck driver was careless and protect you from being blamed unfairly.

How Truck Accident Claims Work in Omaha

Truck accident claims are more complex than regular car accident claims. While Nebraska is an at-fault state, commercial trucks must follow federal and state safety regulations.

Nebraska law (Neb. Rev. Stat. § 60-509) requires regular drivers to have insurance limits of:

$25,000 for injury to one person.
$50,000 for total injury per accident.
$25,000 for property damage.

However, semi-trucks often have insurance policies worth $750,000 to $5,000,000 or more. To get access to these limits, we often have to prove the trucking company was negligent, like failing to fix their trucks or hiring bad drivers.

Having an experienced truck accident lawyer in Omaha, Nebraska, can help you find insurance policies you didn’t know existed. This can help you get a bigger settlement to cover your medical bills and other losses.

Call (314) 557-4659 or contact us online today for a free consultation.

Common Causes of Truck Accidents

Most big rig crashes in Omaha are preventable. They happen because the driver or the company was careless:

Driver Fatigue: Drivers are often pushed to drive too long without sleep, leading to drowsy driving. Drivers are required to follow federal Hours of Service regulations, but are often instructed not to in order to meet strict, unrealistic delivery deadlines.
Unsafe Loading: If cargo isn’t loaded or tied down properly, it can shift and cause the truck to flip over, leading to an accident.
Maintenance Failures: Worn-out brakes and bald tires are common when companies try to save money on repairs. Trucking companies are required to follow federal maintenance and repair regulations.
Distracted Driving: Drivers looking at GPS, phones, or other distractions instead of the road can cause terrible crashes.
Bad Weather: Professional drivers should know how to handle ice and snow. If they don’t slow down when there is ice or snow on the road, they are being negligent.

Who Can Be Held Liable in Omaha, Nebraska, Trucking Accidents?

When it comes to commercial vehicle accidents in Omaha, liability can rest on several parties depending on the circumstances of the crash. Determining who is responsible is crucial to ensuring you receive the compensation you deserve.

Here are some of the parties that could be held liable:

Truck Driver: If the driver was speeding, driving under the influence, or distracted while driving, they can be held accountable for their negligence.
Trucking Company: Companies that push drivers to exceed their hours of service, fail to maintain their vehicles, or improperly train their drivers may also bear responsibility.
Maintenance Provider: If a third-party maintenance company is responsible for faulty repairs or neglected maintenance, they can share liability for an accident.
Cargo Loaders: Improperly secured or overloaded cargo can make a truck unstable, and the party responsible for loading the cargo could be held liable.
Truck Manufacturer: When a mechanical failure caused by a defective truck part leads to a crash, the manufacturer may be responsible.

Understanding the various parties who may be liable will help victims build a strong case to recover damages for their injuries and losses. DM Injury Law will thoroughly investigate your case to ensure we find every liable party so you can receive the maximum amount of compensation possible.

Unique Types of Semi-Truck Accidents

There are various ways a truck crash can occur, each with its own set of unique challenges and causes. Understanding these types can help victims and their legal teams identify contributing factors and build a strong case. The most common types of truck accidents include:

Jackknife Accidents: These accidents occur when the trailer swings out from behind the truck, forming a sharp angle. These crashes are often caused by sudden braking or slippery road conditions.
Underride Accidents: Collisions like this happen when a smaller vehicle slides underneath a truck, frequently resulting in severe injuries or fatalities. Poor truck lighting or lack of underride guards may contribute.
Rollover Accidents: These occur when a truck tips over due to factors like high speeds, sharp turns, or improperly balanced cargo.
Rear-End Collisions: Trucks require longer stopping distances, and failure to brake in time can lead to devastating rear-end accidents.
Blind Spot Accidents: Trucks have significant blind spots, and drivers who fail to check these areas may collide with surrounding vehicles.
Tire Blowouts: A sudden tire failure can make a large truck difficult to control, creating hazards for nearby motorists.

Common Injuries in Truck Crashes

Colliding with a semi-truck often leads to more catastrophic injuries than standard car accidents. The size and weight of these vehicles can cause the aftermath to be more serious. We help clients suffering from:

Brain injuries (TBIs)
Spinal cord injuries
Amputations
Severe burns
Broken bones

Where Accidents Happen in Omaha

Some roads in Omaha are more dangerous than others because of high traffic volume, confusing infrastructure, and other reasons out of your control. These areas see a lot of crashes:

West Dodge Road: This road’s high speed limits and heavy commuter traffic create a dangerous environment for drivers.
I-80 and I-480 Interchange: Navigating the complex merging lanes and exits at this busy interchange can be confusing and often leads to serious accidents.
72nd Street: As a major route with constant stop-and-go traffic and numerous intersections, this street is a common site for rear-end collisions.
L Street/Industrial Road: The combination of commercial trucks and regular traffic in this industrial area creates a hazardous environment for all motorists.

How Long Do You Have to File a Truck Accident Claim in Omaha, Nebraska?

Nebraska has strict time limits for filing a lawsuit. If you wait too long, you lose your right to receive the compensation you need for your medical bills forever.

Under Neb. Rev. Stat. § 25-207, you usually have four years from the date of the accident to file a personal injury claim.
Under Neb. Rev. Stat. § 30-810, the family usually has only two years from the date of death to file a wrongful death claim.

Important: Evidence disappears fast in trucking cases. Companies can legally destroy records after a certain time. The attorneys at DM Injury Law will act fast to save this evidence and strengthen your claim.

Dealing with the Insurance Company

Insurance adjusters’ only goal is to save their company money. They truly don’t care if you get the money you need for your medical bills. They are trained to pay you as little as possible.

Watch out for these tricks:

Recorded Statements: Do not give a recorded statement until you talk to us. They will try to trick you by trapping you in a story quickly. Let us complete our investigation so we can present a strong case that places them at fault.
Quick Cash Offers: They might give you quick cash to cover your ER visit, but they ignore your long-term medical needs. It may seem like a good solution now, but it could leave you paying out of pocket for future treatments later.
Delaying: They understand the financial strain you’re facing and may purposely delay the process, hoping you’ll settle for less than you deserve.
Demanding Broad Medical Authorization: They might try to review your entire medical history to link your current pain to a pre-existing condition. Don’t let this happen.

It is best not to talk to them alone. Let a skilled Omaha truck accident lawyer handle it for you so their careless attitude doesn’t add to your stress. We won’t bow down to these large insurance companies.

FAQs for Omaha Truck Accident Claims

What kind of trucks are involved in these accidents?

We handle cases involving semi-trucks, delivery trucks, box trucks, buses, cement mixers, and garbage trucks.

What if the truck driver was an independent contractor?

Even if the driver works for themselves, the company that hired them or the owner of the truck might still be responsible.

What if the truck didn’t have insurance?

While this is rare for trucking companies, if it happens, your own Uninsured/Underinsured Motorist coverage (Neb. Rev. Stat. § 44-6408) can help. We can help you file this claim so you have access to securing compensation.

Should I hire a lawyer if they admit it was their fault?

Yes. Even if they say it was their fault, they will still fight about how much money they owe you. They will try to pay less for your pain and future medical bills.

Contact Our Attorney After a Trucking Accident

Dealing with a truck accident is scary and stressful. You might be hurt, missing work, and worried about bills. Please know that you don’t have to face this challenge alone.

At DM Injury Law, we have the resources and history to stand up to billion-dollar insurance companies. We prepare every case to win, which often makes them offer a fair settlement.

Call us today and let our dedicated truck accident lawyer in Omaha fight for you. Talking to us is free, and you don’t have to hire us if you don’t want to.

Call (314) 557-4659 or contact us online today for a free consultation.