Truck Accident Lawyers
Omaha Law Firm Fighting for the Rights of the Injured
Getting into a motor vehicle collision can have very serious consequences. When an accident involves a tractor-trailer weighing tens of thousands of pounds, the impact of the crash can be greater - more severe damage and often more serious injuries. The Omaha truck accident attorneys at Ausman Law Firm, P.C., L.L.O. protect the rights of the injured and help them recover financial compensation.
Big rigs are everywhere in Nebraska and Iowa. There are semi-trucks, 18-wheelers, tanker trucks, delivery trucks, dump trucks, garbage trucks, and many others on highways, city streets, and back roads. When truck drivers and trucking companies act responsibly and follow the law, we barely notice them on the road.
But when they are negligent, a commercial truck wreck involving a car or another smaller vehicle can be devastating. A fully loaded tractor-trailer can weigh as much as 80,000 pounds. When such large vehicles crash into passenger cars at high speed, the force of impact can be tremendous.
A crash involving a big rig can happen in many different ways and can cause serious and sometimes fatal injuries. The losses sustained by victims can be significant, but an experienced truck accident lawyer can advocate for accountability, justice, and financial compensation.
How did your truck accident happen?
Injuries caused by truck wrecks are typically serious. Some victims suffer broken bones, sprained muscles, or torn ligaments. Others may suffer burns. More severe injuries include traumatic brain injuries and spinal cord injuries. Some injuries may take months or years to recover from. Other injuries are permanent or even fatal.
Crashes involving 18-wheelers usually happen because of negligence, but you can’t assume those responsible will admit fault. That’s when a truck accident attorney can make a meaningful difference in the outcome of your claim. Our firm has years of experience successfully handling complex cases. We know how to investigate truck wrecks and hold all negligent parties accountable.
Why did your truck accident happen?
- Texting Trucker
- Speeding Truck
- Truck Maintenance Issue
- Drunk or Drugged Trucker
- Fatigued Truck Driver
- Improper Loading
- Inexperienced Driver
Trucking companies may bear some responsibility for your damages. For example, they may have been negligent when hiring a driver, by failing to properly maintain or repair their fleet or not giving a driver a realistic schedule. We investigate trucking companies and will pursue a claim against them if negligence is found.
Maximizing Your Compensation
It is typical for drivers and trucking companies to deny responsibility. The insurance company may make a lowball settlement offer, hoping you will just take the money and go away. Don't fall for it.
First offers usually don't come close to covering the true cost of the damages you suffered. You have the right to seek damages for past and future medical expenses related to your injury, lost wages if you can't work, property damage, disability, emotional distress, and pain and suffering.
We determine the real cost of your accident. Then we pursue the maximum compensation you deserve for your crash. We build a strong case that can't be ignored. We pursue evidence proving negligence resulted in your injuries. Many times, we negotiate a favorable settlement with the insurance company once they see we have all the facts. But if they won't pay you the compensation you deserve, we will fight them in court. We have successfully litigated many cases and we're proud of our victories on behalf of our clients.
If you've been injured in a truck accident, find out how an attorney can help. You need Ausman Law Firm, P.C., L.L.O. Contact us today for your free consultation. There's no obligation. We'll listen to the details of what happened and answer any questions you have. Then we'll explain all your legal options so you can make an informed decision about what to do next.
"How did your truck accident happen?"
When a big rig jackknifes, the drive-axle brakes of the tractor-trailer lock up, causing the trailer to skid. The trailer swings out from the cab at an angle that resembles a jackknife. Jackknife crashes are extremely dangerous, especially on the highway. The driver is unable to bring the tractor-trailer to a stop. And when the trailer swings out, it can crash into other vehicles.
Proving negligence in a jackknifing accident can be difficult. We examine every piece of evidence and conduct a thorough investigation. Our attorneys look for signs that the driver was speeding or distracted. We also check to see if the driver received proper training.
Tractor-trailer rollovers are fairly common in Nebraska and Iowa. The wheels of the 18-wheeler lift up off the road, and the tractor-trailer rolls over onto its side-or upside-down. There are different causes of truck rollover accidents, including traveling at high speed, sudden changes in steering, improperly loaded cargo, and hitting an obstacle on the road. Jackknifing big rigs can also roll over.
Any cars that the 18-wheeler crashes into can be severely damaged, and the people inside them can suffer serious injuries. When a driver or a trucking company is negligent, an experienced truck accident attorney can help you recover financial compensation.
Underrides happen after a rear-end collision, usually involving a tractor-trailer and a car. The car is behind the tractor-trailer, which brakes suddenly. The driver of the car is unable to stop in time and crashes into the rear of the tractor-trailer. The car then slides underneath the tractor-trailer, due to the force of impact and difference in size.
The driver and passengers of the car can be seriously hurt. People involved in underride accidents can suffer a traumatic brain injury or spinal cord injury. More minor injuries can include broken bones and muscle or nerve damage. Injuries sustained in underrides can also be fatal when the trailer breaches the cabin of the passenger vehicle.
When an 18-wheeler weighing as much as 80,000 pounds crashes into the rear end of a car, the results can be devastating. Rear-end truck accidents usually happen because a big rig is following behind a car too closely. A large tractor-trailer traveling at high speed needs a lot of distance to come to a complete stop. So when a car brakes suddenly, the driver is unable to stop in time to prevent a collision.
These accidents could easily have been prevented if the driver used more care on the road. But when drivers speed to try to meet a deadline or don't pay attention, a crash can occur and people get hurt.
Tractor-trailers are much larger and much heavier than passenger cars. So when an 18-wheeler needs to make a turn, the driver needs to make a very wide turn. This turn should be done slowly and with extra care, as the truck won't have a lot of space to work with and may briefly enter another lane of traffic.
When a driver is negligent and makes the turn too fast, or without carefully checking the road, the 18-wheeler can crash into a car. The impact of the crash can cause tremendous damage and serious injuries. We investigate and help victims recover compensation.
A big rig is traveling down the highway at 65 miles an hour. Suddenly, a tire on the truck blows out. The driver struggles to regain control. But it's often impossible to avoid a collision. If there is heavy traffic on the highway, it is likely that the tractor-trailer will hit several cars before coming to a complete stop. It is also likely there will be many people with serious injuries.
Federal law requires truck drivers and trucking companies to follow maintenance schedules and regular inspections of tires. In some cases, the manufacturer may have been responsible for supplying defective tires. Our investigation will find the negligent party and seek to recover financial compensation.
There are procedures that must be followed when loading tractor-trailers, in order to keep the load balanced and secure. When these procedures are not followed, cargo can come loose while the big rig is in motion. This puts more weight on one side of the truck and makes it harder for the driver to maintain control. Cargo can also spill out onto the road and smash onto oncoming cars.
Our firm investigates to look for evidence of negligence. We will examine all records and talk to witnesses. If we find that the cargo was not properly loaded, we will work to prove that negligence led to your injuries.
"Why did your truck accident happen?"
It is against federal law for truckers to text while driving. Unfortunately, some drivers are either unaware of these laws or choose not to follow them. A distracted driver is a dangerous driver because texting takes your eyes off of the road. A couple of seconds is plenty of time to get into an accident. And when the vehicle they are driving weighs tens of thousands of pounds, the damage can be severe and the injuries very serious.
Our lawyers look for evidence that the driver of the tractor-trailer that hit you was texting before your crash. We will seek phone records and talk to witnesses of the crash. We are dedicated to helping you recover maximum compensation for your injuries.
Truckers are usually on a deadline to deliver their cargo. Because of this, some push the speed limit in an attempt to make up some time. But the effects of this can be disastrous. A speeding truck is harder to bring to a complete stop, greatly increasing the risk of an accident that leaves people seriously hurt.
Sometimes, an investigating officer will record the estimated speed of the tractor-trailer. We will also seek to gain access to the 18-wheeler's black box data to find out how fast the truck was going just before the crash. When we can prove the driver was speeding, we can establish negligence.
Federal regulations require commercial vehicles to be regularly maintained, serviced, and inspected. When trucking companies fail to meet this responsibility, something can go wrong on the road. Brakes can fail, or a tire can blow out. The driver struggles to regain control, and the result is a serious accident. People involved in the crash can suffer life-changing or fatal injuries.
A carrier may choose to neglect regular maintenance or needed repairs to save money. We will seek company records to learn if the tractor-trailer was properly maintained and if there were any problems noted that weren't fixed. We will also look for evidence that the driver was aware of any problems before the crash.
It is dangerous to operate any motor vehicle while under the influence of alcohol or other drugs. It is especially dangerous if that vehicle is a large tractor-trailer. Drivers under the influence have slow reaction times and make poor decisions. This can easily lead to a crash that has devastating consequences.
We review police reports to see if the officer suspected drug or alcohol use by the driver and if any testing was conducted. We also talk to witnesses who may have seen the driver using alcohol or other drugs before the crash. When we can establish negligence, we can maximize your compensation.
Truck drivers spend long hours on the road to get their cargo to its destination. Federal regulations limit the number of hours they can drive per day and per week because a fatigued driver is a dangerous one. Fatigue slows reaction times and impairs judgment. A fatigued driver can easily cause a crash that leaves people with serious injuries.
Sometimes drivers ignore regulations and spend extra hours on the road to try to make a deadline. We review logbooks and black box data to determine if drivers were following hours of service rules. In some cases, trucking companies may also be held responsible if they gave drivers deadlines that were not realistic.
There are federal regulations that drivers and trucking companies must follow when loading cargo. All cargo must be properly balanced and secured. If these regulations are not followed, cargo can come loose during transit. This can put too much weight on one side of the trailer, making it hard for the driver to control. Or cargo can come loose from a flatbed trailer and crash into oncoming cars.
The result of an improperly loaded tractor-trailer can be a crash that leaves people seriously injured. Our firm conducts a thorough investigation of your accident. We review all documents to determine if the cargo was loaded properly. When regulations weren't followed, we can establish negligence and fight to get you maximum compensation.
Not everyone is qualified to drive a big rig. It takes many hours of training and practice to become qualified. There are also federal and state requirements that a driver must meet. A driver who is not experienced and does not have the right qualifications is a danger on the road and an accident waiting to happen.
If you've been hurt in a truck accident, we will check to see if the driver was qualified to be behind the wheel. Trucking companies can also be held responsible if they did not check the background and qualifications of the driver during the hiring process.
Truck Driver Fatigue
To decrease the frequency of collisions caused by truck driver fatigue, there are federal regulations that prohibit drivers from operating a truck while they are exhausted, ill, or impaired. This means that trucking companies must not allow their drivers to drive while feeling unwell. Furthermore, there are hour of service rules that have been put in place so drivers are not working for longer than is deemed safe. Truck drivers can prevent fatigue by being committed to healthier sleeping habits, and taking rest and meal breaks. A truck driver who is fatigued behind the wheel may cause a tragic accident to unfold. As our Omaha, NE truck accident lawyer explains, here are a few signs that a truck driver may be fatigued and not in a state to drive the truck safely:
- Frequent yawning
- Drifting within or across lanes
- Slow reaction time
- Delayed response to traffic signals
- Inappropriate braking
- Tailgating
- Inconsistent speed
- Sudden jerky movements
Hours Of Service Rules
There are a few components of service hour rules. When a driver starts their shift, they have 14 hours to finish their assigned tasks. During this allotted 14 hours, 3 hours have to be spent performing duties other than driving the tractor trailer. During any period of around 1 week, the driver cannot operate the truck if they have been on duty for 60-70 hours. These regulations have been established to encourage drivers to get proper rest and make sure the desire for profits and meeting strict deadlines does not overshadow the safety of the public. Overall, these hours of service rules have greatly reduced the number of accidents caused by fatigue. However, devastating truck accidents can and still do happen.
What To Do Next
If you have been seriously injured in a collision with a truck, we suggest getting medical attention and then meeting with a legal team as soon as possible. We can perform an investigation to determine if safety regulations were followed or violated by the truck driver and/or their company. Your health and safety is the top priority. We are aware that the injuries involved with a truck accident can be severe or even life-threatening. Some victims may have to manage new disabilities for the long-term. It is our job to make sure you are provided maximum compensation for how you have suffered. Money may not be able to undo what has already happened, but at the very least you won’t have to suffer monetarily as you take care of yourself.
Contact Our Team Today
The aftermath of a truck accident can be difficult to navigate alone. You may be in pain, dealing with expensive medical bills, and wondering how you are going to recover. Let our team support you by reaching out today for a consultation. We can handle the legal aspects while you tend to your health. Anyone who has been in a collision with a truck is advised to get legal help. You deserve the most compensation available to you for how you have suffered. At Ausman Law Firm P.C., L.L.O., we are ready to get to work for you right away.
5 Common Mistakes To Avoid When Filing A Truck Accident Claim
If you’ve been involved in a truck accident, filing a claim correctly can make a significant difference in your ability to recover damages. It is recommended that enlisting the help of a reliable law firm can help to ensure that everything is done in order to recover the maximum amount that a victim is entitled to. At Ausman Law Firm P.C., L.L.O., we have been protecting the rights of injury victims and their families for nearly 20 years. We have helped hundreds of clients secure compensation for medical expenses, lost wages, and other damages. If you are looking for an Omaha, NE truck accident lawyer, here are five common mistakes to avoid when pursuing a claim.
Waiting Too Long To Take Action
- Time is critical after a truck accident. Delays in seeking medical attention or legal guidance can weaken your claim.
- Evidence can disappear, and witnesses’ memories can fade. Acting quickly helps strengthen your case. If possible, try to record evidence and witness statements by taking photos, videos, and/or voice memos to help preserve these things.
- Each state has deadlines for filing a claim. Failing to meet these deadlines can result in losing your right to compensation.
Not Collecting Enough Evidence
- Strong evidence is key to proving fault and damages in a truck accident claim.
- Take photos of the accident scene, vehicle damage, and injuries.
- Obtain a copy of the police report and gather witness statements.
- Keep records of medical treatments and expenses related to the accident.
Talking To The Insurance Company Without Legal Guidance
- Insurance adjusters may try to minimize payouts by asking misleading questions.
- Avoid giving recorded statements without speaking to a lawyer first.
- Accepting a quick settlement offer could mean receiving less than what you are entitled to. In the moment, an insurance company’s offer may seem great because it would alleviate your financial worry but the reality is, it may not even be anywhere near enough to cover all of the expenses that you have incurred and may incur in the future,
Underestimating The Long-Term Impact Of Injuries
- Some injuries take time to fully develop, and initial medical evaluations may not capture the full extent of the damage.
- Future medical expenses, rehabilitation costs, and lost earning potential should be factored into any settlement.
- Consulting medical professionals and legal representatives can help determine the true value of your claim. Even though it may feel like it is expensive to do this, it may wind up saving you money in the long run.
Handling The Claim Alone
- Truck accident cases involve multiple parties, including trucking companies, drivers, and insurers.
- Legal representation can help in dealing with insurance negotiations and legal filings.
- Many claims result in higher compensation when handled by an experienced attorney.
If you are searching for an Omaha truck accident lawyer, we are here to help. We understand how challenging the aftermath of an accident can be and have the experience to fight for the compensation you deserve.
Contact Us Today
If you or a loved one is suffering because of a road traffic injury from a truck accident, don’t handle the legal process alone. Contact us today for a free consultation. An Omaha truck accident lawyer from our firm will review your case and discuss your options. Let’s work together to secure the financial recovery you need.