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Millard Truck Accident Lawyer
Legal Representation for Victims of Truck Accidents in Millard, NE
Millard is a suburb of Omaha in Douglas County. It is home to more than 30,000 residents and, as a result, experiences a significant amount of traffic. Millard is also home to a number of trucking companies, including those that are responsible for shipping consumer goods, industrial products, and more. Due to the presence of large commercial trucks in the area, Millard sees its fair share of truck accidents.
Truck accidents can and do happen in Millard and the surrounding areas. When they do, the victims of these accidents have the right to pursue compensation for their damages. At Cullan & Cullan LLC, our Millard truck accident attorneys can help you understand your rights and options, as well as what steps you can take to protect your right to recover.
Call us at (402) 882-7080 or online to request a no-cost, no-obligation consultation with our team.
Common Causes of Truck Accidents
Truck accidents can be caused by a number of factors. In some cases, they are the result of unavoidable accidents. In other cases, they are the result of someone else’s negligence.
Some of the most common causes of truck accidents in Nebraska and throughout the United States include:
- Fatigued truck drivers
- Drunk truck drivers
- Distracted truck drivers
- Oversized trucks
- Improperly loaded trucks
- Truck maintenance issues
- Truck defects
- Defective truck parts
- Defective truck tires
- Truck driver error
- Tailgating truck drivers
- Truck drivers failing to yield
- Truck drivers failing to check blind spots
- Truck drivers failing to signal
- Truck drivers making illegal turns
- Truck drivers ignoring traffic signs
- Truck drivers changing lanes without checking blind spots
- Truck drivers speeding
- Inclement weather
- Defective roadways
- And more
How to File a Truck Accident Claim in Nebraska
In Nebraska, you have the right to file a truck accident claim against the at-fault party. If you are filing a claim against the truck driver, you have four years from the date of the accident to do so. If you are filing a claim against the trucking company, you have five years from the date of the accident to do so.
When filing a truck accident claim in Nebraska, you will need to prove the following elements:
- The truck driver or trucking company owed you a duty of care;
- The truck driver or trucking company breached the duty of care;
- The breach was the direct and proximate cause of the accident; and
- You suffered actual damages as a result of the accident.
Proving these elements can be difficult, especially when you are trying to recover from your injuries. However, an experienced truck accident lawyer can help you build a strong case for compensation.
Who is Liable for a Truck Accident?
In a truck accident, liability can fall on the following parties depending on the circumstances surrounding the accident:
- Truck Driver: The driver of the truck may be held liable if they were negligent. This includes actions such as distracted driving, driving under the influence, speeding, or failing to follow traffic laws.
- Trucking Company: The company that owns the truck or employs the driver can be held liable under the legal doctrine of vicarious liability. If the driver was acting within the scope of their employment when the accident occurred, the trucking company might be responsible. Additionally, if the company failed to properly train the driver, maintain the vehicle, or adhere to safety regulations, it could also be liable.
- Vehicle Owner: If the truck is owned by someone other than the trucking company (for example, a leasing company or an individual), that owner might be held liable if the vehicle was not properly maintained or if there was negligence in the ownership or leasing agreement.
- Cargo Loaders: If the cargo was not properly loaded or secured, causing the truck to become unstable and resulting in an accident, the company or individuals responsible for loading the cargo could be held liable.
- Maintenance Providers: If a mechanical failure due to improper maintenance or repairs led to the accident, the company or individuals responsible for maintaining or repairing the truck may be held liable.
- Manufacturers: If a defect in the truck or its components (like brakes, tires, or engines) contributed to the accident, the manufacturer of the defective part or vehicle might be liable under product liability laws.
Determining liability often involves investigating multiple aspects of the accident, including driver logs, maintenance records, and cargo documentation.
How Our Firm Can Help You
After being involved in a truck accident, you may be wondering what steps to take next. You may be unsure of how to recover compensation for the damages you have suffered or what you can do to protect your rights.
At Cullan & Cullan, we can help you understand your rights and options. Our Millard truck accident lawyers can also help you take the right steps to protect your right to recover. With our team on your side, you can have confidence knowing that your case is in good hands.
Call us at (402) 882-7080 or online to request a no-cost consultation with our team.