Determining fault for a truck accident is a multi-step process that requires legal knowledge and forensic expertise. This means that you may need to engage a law firm to investigate the accident for you.

Our Omaha truck accident lawyers at Hauptman, O’Brien, Wolf & Lathrop, LLC can investigate on your behalf to determine what caused the crash and who is responsible. Truck accidents often result in life-altering injuries that can make it difficult for victims to collect evidence at the scene. Furthermore, fault for a trucking accident is a complicated and challenging issue.

When you engage our firm, we might send a forensic investigator to the scene of the crash. We will examine the evidence to determine what additional steps are necessary to assert your legal rights.

To speak to one of our Omaha truck accident lawyers, call (402) 241-5020 today for a FREE case review. We serve clients throughout Nebraska and Iowa.

7 Steps for Determining Fault in a Truck Accident

While every case requires a custom-tailored approach based on the facts and timing at hand, determining fault in a truck accident generally consists of the following seven steps:

1. Conducting an Investigation at the Crash Site

Several forms of critical evidence may be available at the crash site. Skid marks, damaged guardrails or road signs, debris on the road or on the shoulder, and various other types of physical evidence may still be available if you engage our firm promptly. We may also examine traffic patterns, visibility, road conditions, and various other factors that can help us determine the cause of the accident.

2. Examining Each Vehicle Involved in the Collision

After a truck accident, we may have an expert thoroughly examine each vehicle involved in the crash. This includes not only inspecting the location and extent of the damage to each vehicle but examining each vehicle for signs of defects as well. If a vehicle defect played a role in the accident, then the vehicle manufacturer could be liable.

3. Obtaining the Truck Driver’s Employment Records and Driver Log

Operating an 18-wheeler or other large commercial truck requires special training and licensing. Unfortunately, some truck drivers may lack the training and experience needed to operate their big rigs safely. If the trucking company hired an unqualified driver, or if the trucking company forced or encouraged the driver to log too many hours behind the wheel, then the trucking company could be financially responsible for the subsequent accident.

As part of our investigation, we can examine the driver’s qualifications, employment records, and driving logs for evidence that may help us determine whether the driver or trucking company contributed to the crash.

4. Obtaining the Truck’s Maintenance History and Shipping Manifest

Inadequate maintenance can also lead to truck accidents. Failure to replace worn tires or brakes, failure to fix engine and transmission issues, and failure to replace aging parts are all common and potentially dangerous errors. Cargo loading issues (i.e., overloading the truck or failing to properly secure or pressurize the truck’s cargo) can lead to dangerous accidents as well.

We can review maintenance records, shipping documents, and other available evidence to determine whether one of these issues contributed to your accident. Depending on the specific issue involved, the trucking company, the shipping company, and/or a maintenance provider could be deemed at fault in the crash.

5. Obtaining All Drivers’ Cell Phone Records

Distracted driving is a leading cause of roadway accidents. When we investigate a truck accident, it may be important for us to obtain the cell phone records of each driver involved. If distracted driving was to blame, then the distracted driver, as well as the distracted driver’s employer in appropriate circumstances, can be held accountable.

6. Examining Video Footage, Photos, and Other Evidence

If available, video footage and photos from the crash site can all be extremely helpful for proving who is responsible for a truck accident. We may look for traffic camera and surveillance camera footage, dash camera footage, and cell phone photos and video taken by drivers, passengers, and witnesses.

7. Interviewing or Deposing Witnesses (Including the Truck Driver)

Finally, witness testimony can be a key form of evidence in truck accident cases. We may be able to interview witnesses who saw what happened, as well as take the depositions of the truck driver, the trucking company’s representatives, and other individuals. If the truck driver or trucking company acknowledges errors that led to the accident, this could provide a significant advantage in settlement negotiations.

Analyzing the Evidence to Determine Fault in a Truck Accident

After gathering all of the available evidence, we will analyze it to determine all of the parties that may be at fault. It is very possible that multiple parties could share liability for the crash.

Once we perform this analysis, we can initiate legal proceedings against the defendant(s). This may consist of settlement negotiations and potentially taking your case to trial.

Contact an Omaha Truck Accident Lawyer Today

Fault is a complex issue in truck accident claims. Without qualified legal assistance, it is easy to overlook evidence of errors or wrongdoing that can expose one or more parties to liability. Identifying all potentially responsible parties can be an important part of pursuing the compensation available for your injuries and damages.

At Hauptman, O’Brien, Wolf & Lathrop, we have the experience and resources to help with your case. Our attorneys have more than 268 years of combined experience, and we put that experience to work when investigating serious truck accidents throughout Nebraska and Iowa.

Truck accident cases require significant knowledge, skill, and resources. We know what it takes to handle these complex claims, investigate the parties that may be responsible, and build a case supported by the available evidence. If necessary, we are prepared to take on the parties at fault and pursue your case in court.

Contact Hauptman, O’Brien, Wolf & Lathrop today for a free, no-obligation consultation.

Client Testimonials

Ron Beberniss

1 day ago

David was extremely detail oriented and responsive. We always knew where the case stood and were pleased with the outcome.

Julie

4 days ago

Everyone worked hard to resolve my case. My team was professional, courteous, and so kind to me. They kept me well informed throughout the process, and they were always very timely with their responses to any questions I had. I would highly recommend these fine folks. It was a pleasure to work with them.

Bryan Mattox

8 days ago

Tim O'Brien was prompt when I initially reached out to this firm. There was never any nonsense or unnecessary communication. When my case settled I was contacted and got in right away to finish our business. It was a pleasure working with Tim O'Brien & his staff!

Brandon Cruz

8 days ago

Jeremy Elliot, Nicole Kays, and their team were very helpful, thorough, and understanding in helping me reach a settlement after I was injured in a car accident. I valued their communication and advice throughout the process, and I recommend them highly to anyone.

Derek Simonson

9 days ago

I suffered severe injuries in an auto accident in May of 2025. I chose Mr. Cripe to represent me and pursue liability compensation against the at-fault driver and their insurance carrier. After a very tedious but thorough process we were able to secure substantial damages which is more than normally expected. I have nothing but kind words to say about Mr. Cripe. Throughout this ordeal he was very supportive, informative and always asked for my opinion on the given situation. I would choose Mr. Cripe without a doubt if the situation should ever arise again where I need legal counsel.

Marisa Cohn

18 days ago

I would like to send a huge THANK YOU to David O'Neal and everyone at Hauptman O'brien. They were so wonderful to work with. They went above and beyond with helping me through my accident and navigating medical. I highly recommend hiring David for your personal injury needs. You cannot go wrong.

Reginald B York IV

22 days ago

As a college educated working professional, I never wanted or thought I or my family would need the services of a personal injury attorney. When someone in our immediate family was involved in an accident, my wife and I thought we could navigate the insurance process on our own, (after all we weren’t looking to profit from it). We quickly realized the process has become complicated and can turn into a full time job, costing our family in ways we never even dreamed. While I pray we never find ourselves in a situation to need their services again. David will be my first call. Everyone from top to bottom was patient and understanding. They walked us through the process and advised us along the way, filling in the gaps that hospitals, insurance companies and representatives failed to provide. Thanks to David and his wonderful team our family was able to focus on the emotional and physical healing while they found resolution and we were able to move on.

Chris M

24 days ago

David and his team were great and made the whole process seamless. Would highly recommend them to anyone seeking a personal injury lawyer.

Della Farris

25 days ago

Choosing Hauptman ,O'Brien , Wolf & Lathrop for my personal injury lawsuit, was one of my better decisions . They were always available & considerate to us . We were kept updated & informed all the way through . Jeremy & Nicole were awesome.. I would highly recommend.

Paulette Henderson

1 month ago

David O’Neill, Jody Bowman & Desiree at the Bellevue Nebraska location were amazing! They explained things thoroughly, It was easy to communicate with them. They outlined exactly the documentation that was needed. They helped us through every step of the process and kept us informed of the progress. It was a pleasure working with them, and we are extremely satisfied with the outcome. I highly recommend them, they are professional, knowledgeable and handle every aspect with efficiency.

Linda C

1 month ago

A little over 2 yrs ago I walked through the doors @ Hauptman O’Brian Wolf & Lathrop, a little nervous and a little scared. I was in a car accident on the interstate, my car was totaled and I’m thankful to be here. With their help and reassurance that everything will be fine. And it is. Jeremiah Elliott and his fantastic staff kept me well informed through out the process. It took patients on my part and time to heal too. They were always there to answer my question and so kind. I would recommend their legal service’s for any type of situation you might be in. It will only take a little time to tell your story or situation and listen to what they say. They are there to help you through the legal process and protect you. I will say I’m grateful for their compassion and knowledge of the legal process. I couldn’t do it without them. Thanks to them my case was successful.

Dan Aitken

1 month ago

Fortunately I haven’t required their legal services, but I have made use of their “Safe Ride Home” program. I feel safer knowing that this service is available for everyone, not just clients, during the holidays.

Connor Villen

1 month ago

First time getting into a motor vehicle accident and the team was really helpful during this process. The piece that made me feel better to work with the Hauptman Bellevue office was that they were always asking how I was doing. The office really ensured my health and recovery was the priority. They made me comfortable throughout the whole process, and would recommend anyone in a motor vehicle accident to reach out to this office. Thank you all!

Hannah Miller

1 month ago

Fantastic job!! I am so grateful they kept me updated through every step of the process. Thank you so much!

Tiera Robinette

1 month ago

Was a pleasure working with the team. They really fought for us

Michael Ciaccio

1 month ago

Great communication and amazing work this group did with my settlement

Laron Stewart

1 month ago

David cripe is very helpful he will get the job done and get you a good amount of money for your case..I would recommend him to anybody that being injured in a accident thank you David and staff…

Sadie Hall

2 months ago

David O’Neill and his team were wonderful. I was in a car accident with my young son that left me with no vehicle and a broken arm. I was getting overwhelmed with phone calls from insurance and hospitals while trying to heal and care for my two young sons. David and his team took care of every communication and kept me in the loop about how things were progressing. Definitely recommend as he and his team are very empathetic and professional!

Jeanne Belitz Jr

2 months ago

Tim and his asst Janet made everything very easy for me the entire time so I could concentrate on healing. They communicated with me every step of the way. I was not rushed or told what to do. They let me make decisions on how we wanted to approach things. I felt heard and I was happy with the outcome. Thank you for your hard work. I will definitely be recommending you.

Chris Hoel

2 months ago

With 10 years left until retirement I had an accident at work requiring back surgery. Due to the severity of the injury I am no longer physically able to work. Hauptman, O’Brien, Wolf and Lathrop was able to secure a settlement to help bridge that gap. Without them, I would have nothing.