Detailed Answer — Step-by-step guide to filing a truck crash claim in Nebraska
Short overview: After a truck collides with you, you can pursue compensation by filing an insurance claim and, if needed, a civil lawsuit. Start by getting medical care, preserving evidence, obtaining the police crash report, and identifying the responsible parties (the truck driver, the trucking company, the vehicle owner, or other third parties). Nebraska legal rules affect timing, liability, and how negligence is handled. Below is a practical, ordered plan of action and the key Nebraska resources and laws to watch.
1. Immediate actions after the crash
- Get medical attention right away. Your health is the priority. A medical record also documents injuries linked to the crash.
- Call law enforcement and make sure a crash report is completed. The official crash report is critical evidence and lists parties, insurance, and citations.
- Preserve evidence: take photos of vehicles, road conditions, skid marks, traffic control devices, and visible injuries. Record names, badge numbers, and contact information for witnesses.
2. Identify likely defendants and insurance sources
In truck crashes, potential responsible parties include:
- The truck driver (personal liability).
- The trucking company (vicarious liability if the driver was on duty or the company owned the vehicle).
- The vehicle owner or lessee.
- Maintenance companies or parts manufacturers (if mechanical failure caused the crash).
- Other third parties such as shippers or contractors.
Trucking companies typically carry higher liability insurance limits than passenger vehicles. Federal and state rules govern interstate carriers and minimum insurance levels, so you should identify the carrier name and USDOT number from the truck’s markings or the crash report.
3. Notify insurers and preserve claims
- Report the crash to your insurer and to the trucking company’s insurer. Give only basic facts—do not admit fault or speculate about causes.
- Ask how to obtain the official crash report (often through the Nebraska State Patrol or local law enforcement). You can start at the Nebraska State Patrol site for crash-report procedures: https://statepatrol.nebraska.gov/.
- Preserve evidence: do not authorize vehicle repairs that destroy evidence until after photos are taken unless necessary for safety.
4. Document damages and losses
Track economic losses and non-economic harms, including:
- Medical bills, future treatment estimates, and medical records.
- Lost wages and lost earning capacity (pay stubs, employer letters).
- Property damage receipts.
- Receipts for out-of-pocket expenses (transportation, medication).
- Photos and journals documenting pain, disability, and how injuries affect daily life.
5. Nebraska timing rules (statute of limitations)
Nebraska law limits how long you have to file a lawsuit for personal injury. See Nebraska Revised Statutes — Chapter 25 (Limitations). It is vital to file within Nebraska’s deadline or you could lose the right to sue: https://nebraskalegislature.gov/laws/statutes.php?chapter=25. If the at-fault party is a government entity, different shorter notice and filing rules may apply. For motor-vehicle-related regulation and insurance topics, review Nebraska’s motor vehicle statutes: https://nebraskalegislature.gov/laws/statutes.php?chapter=60.
6. How negligence and fault work in Nebraska
Nebraska applies comparative fault principles when assigning responsibility between parties. If you were partly at fault, your recoverable damages may be reduced by your percentage of fault. For precise statutory language and how courts apply comparative fault, consult the Nebraska Revised Statutes and case law available through the Nebraska Legislature site: https://nebraskalegislature.gov/laws/statutes.php?chapter=25.
7. Dealing with big-truck specifics
- Trucking companies follow federal rules (FMCSA) governing driver hours, maintenance records, and cargo securement. Those records can be essential. The Federal Motor Carrier Safety Administration provides regulatory information here: https://www.fmcsa.dot.gov/.
- Request driver logs, drug/alcohol test results, maintenance records, and the company’s safety rating early in the claim process. Those records can be lost or destroyed over time.
8. Insurance claim vs. lawsuit
Most claims start with an insurance claim against the trucker’s or carrier’s liability insurer. Insurers may offer a settlement; evaluate offers with medical evidence and wage loss documentation. If insurers refuse fair compensation, you may file a civil lawsuit.
Filing a lawsuit preserves your rights. Lawsuits begin with a complaint filed in Nebraska state court and service on the defendant. Nebraska’s court rules and civil procedures govern this process; consult the Nebraska Judicial Branch for local filing rules: https://supremecourt.nebraska.gov/.
9. When to talk to an attorney
Contact an attorney promptly if you have significant injuries, disputed fault, high medical costs, permanent impairment, or if a trucking company denies responsibility. An attorney can:
- Preserve evidence and subpoena records.
- Handle technical issues like spoliation of evidence and federal trucking records.
- Negotiate with insurers and, if needed, file suit before the statute of limitations expires.
If you need help finding counsel or want to check an insurer’s compliance, you can contact the Nebraska Department of Insurance: https://doi.nebraska.gov/.
10. Practical timeline and checklist
- Day 0–7: Get medical care, call police, document scene, notify your insurer.
- Week 1–3: Obtain crash report; demand special trucking records (logs, maintenance, carrier identity).
- Month 1–6: Gather medical records, wage verification, and expert inspection if needed (accident reconstruction).
- Before filing deadline: Decide whether to accept insurance settlement or file suit. If you file, serve defendants and follow court rules.
Final note: Truck crash claims can involve complex insurance, federal trucking rules, and multiple potentially liable parties. Acting promptly to preserve evidence and understanding Nebraska’s timing rules gives you the best chance for full recovery.
Disclaimer: This information explains general Nebraska legal concepts and practical steps. It is not legal advice and does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Nebraska attorney.
Helpful Hints
- Always see a doctor first. Medical documentation is key to proving injury and linking it to the crash.
- Get the crash report number as soon as possible. The crash report often lists the carrier name and USDOT number.
- Do not give recorded statements or sign releases for the trucking company’s insurer without advice. Insurers will often try to limit liability early.
- Preserve phone videos and photos; transfer them to multiple secure locations (cloud + external drive).
- Ask for the truck’s company name, driver’s license, plate number, and any identifying marks at the scene.
- Request driver logs and maintenance records quickly—these are time-sensitive and can be erased or altered.
- Keep a detailed injury and expense journal—dates, treatments, missed work, and daily impact on life.
- Take early photos of injuries; some injuries change over time and early images help show onset and severity.
- Check deadlines for filing an action against a government entity if any government vehicle or road condition contributed to the crash—those claims often require earlier notice.
- If the truck was interstate or regulated by federal rules, your attorney may need to use federal discovery to get driver logs and carrier records.