When it comes to personal injury claims, truck accidents and car accidents differ in numerous ways. One of the most significant distinctions lies in how settlements are calculated, negotiated, and awarded. For personal injury victims in Nebraska and Iowa, understanding these differences can be crucial when pursuing fair compensation.
If you or a loved one has been seriously injured in a car or truck accident, don’t wait to get the help you deserve. Our experienced attorneys at Hauptman, O’Brien, Wolf & Lathrop, LLC work tirelessly to collect crucial evidence, consult expert witnesses, and build compelling cases for our clients.
We understand the complexities of truck crash claims and fight to maximize compensation for victims. Contact Hauptman, O’Brien, Wolf & Lathrop, LLC today to schedule a free consultation and learn how we can protect your rights and pursue the compensation you’re entitled to receive.
Insurance Policy Limits and Coverage
One of the most significant differences between truck accident and car accident settlements is the amount of insurance coverage available.
In Nebraska, private passenger vehicles are required to carry a minimum liability insurance of $25,000 per person and $50,000 per accident for bodily injury. In Iowa, the required minimum is $20,000 of bodily injury per person and $40,000 bodily injury or death of 2 or more people per accident.
Commercial trucks are required to carry much higher policy limits, often ranging from $750,000 to $5 million. For victims, this means that truck accident settlements can potentially be much higher than car accident settlements.
The higher policy limits provide more financial resources to cover severe injuries, long-term medical care, and extensive property damage. However, insurance companies representing trucking companies are often more aggressive in disputing claims to protect these larger policies.
Uninsured and Underinsured Motorist Coverage
Both Nebraska and Iowa allow victims to leverage their own insurance when the at‑fault party lacks adequate coverage:
- Uninsured motorist (UM) coverage: Provides compensation when the at‑fault driver has no insurance at all. It steps in to cover your medical bills and lost wages up to your UM limits.
- Underinsured motorist (UIM) coverage: Kicks in when the at‑fault driver’s policy limits are too low to cover your losses. You can tap into your own UIM policy to make up the difference.
- Policy stacking: Some insurers permit stacking UM/UIM coverage across multiple vehicles or household policies, increasing total available compensation — an important tool when a truck’s policy is insufficient.
Severity of Injuries and Medical Expenses
Truck accidents are typically more severe than car accidents due to the size and weight of commercial trucks.
Common truck accident injuries include:
- Traumatic brain injuries
- Spinal cord damage and paralysis
- Multiple fractures
- Severe burns
These injuries often result in longer hospital stays, multiple surgeries, and extensive rehabilitation. Settlements for truck accidents must account for the higher medical expenses associated with severe injuries. This includes not only current medical bills but also future treatment costs, such as physical therapy, home modifications, and adaptive equipment.
Car accident settlements may still provide compensation for injuries, but the overall settlement amounts are generally lower due to less severe injuries.
Role of Immediate Medical Treatment
Your initial medical care not only affects your health but also your settlement. This is because your treatment can strengthen your claim by means of the following:
- Documentation: Seeking care right away creates a medical record linking your injuries directly to the crash, reducing insurer arguments for unrelated medical issues
- Specialist referrals: Early visits to specialists — such as neurologists for head trauma or orthopedists for fractures — demonstrate the severity and ongoing nature of your injuries
- Preservation of evidence: Medical imaging and physician notes are key evidence, but delays in treatment can weaken your case and settlement value by suggesting injuries were minor or pre‑existing
Negotiation Tactics and Defense Strategies
Negotiating a settlement in a truck accident case is often more contentious than in a car accident case. Trucking companies and their insurers are well-funded and employ aggressive defense tactics to minimize liability. For instance, insurers may argue that the victim was partially responsible for the accident or that pre-existing conditions contributed to their injuries.
In Nebraska, a modified comparative negligence rule applies, reducing the victim’s settlement by his or her percentage of fault but barring anyone sharing over 50 percent of fault from receiving damages. In Iowa, a similar rule of modified comparative fault allows a party to recover damages if they share up to 51 percent of fault, but the settlement is reduced accordingly.
Such legal nuances can significantly impact settlement outcomes, making experienced legal representation crucial for truck accident victims.
Multiple Liable Parties
In car accident cases, liability typically falls on one or both drivers involved in the collision. However, in truck accident cases, multiple parties can be held liable, including the truck driver, trucking company, cargo loader, maintenance contractor, and truck manufacturer.
For example, if a truck driver is found to be driving under the influence in Iowa, both the driver and his employer may be held liable under vicarious liability, or Owner Responsibility Law. In Nebraska, the trucking company may also be liable for failing to maintain the vehicle or enforce safety protocols.
The involvement of multiple parties can complicate settlement negotiations, as each liable party’s insurance provider may attempt to shift blame or minimize their payout. This complexity often leads to higher settlement amounts but also longer timelines for resolving the case.
Federal Regulations and Compliance Violations
Truck accident cases are subject to federal regulations governed by the Federal Motor Carrier Safety Administration (FMCSA). These regulations cover driver hours of service, truck maintenance standards, cargo loading protocols, and more.
If a trucking company or driver violates FMCSA regulations, it can serve as strong evidence of negligence in a personal injury claim. For instance, if a truck driver exceeds the maximum hours of service and causes a collision due to fatigue, the settlement may include additional compensation for punitive damages.
In contrast, car accident cases are typically governed by state traffic laws, which may not carry the same level of scrutiny or potential for punitive damages. This distinction can significantly impact the overall settlement value in truck accident cases.
Economic and Non-Economic Damages
In truck accident cases, settlement calculations often include substantial economic and non-economic damages due to the severity of injuries.
Economic damages may cover:
- Lost wages and future earning capacity
- Extensive medical bills
- Rehabilitation and physical therapy
- Property damage
Non-economic damages may include pain and suffering and loss of enjoyment of life. Iowa does not set a cap on non-economic damages in general personal injury cases, which can lead to higher settlement amounts in serious truck accident cases.
Impact on Family and Emotional Distress
Truck accidents can have lasting psychological effects, including anxiety and depression. The emotional toll of a truck accident can be devastating, not only for the victim but also for his or her family members.
Settlements may also provide compensation for psychological or emotional injuries. Of course, psychological injuries must be thoroughly documented through medical records and expert testimony to support a higher settlement demand.
Car accident settlements, on the other hand, may focus primarily on immediate medical bills and short-term lost wages. Emotional distress claims are less common and typically limited to severe injuries. However, truck accident settlements often account for the broader impact on a victim’s family.
Potential for Punitive Damages
When state law allows, truck accident settlements may also include punitive damages, if the defendant’s conduct was particularly reckless, gross negligence, or intentionally engaging in misconduct.
Truck accident cases involving DUI, falsified maintenance records, or intentional violations of safety protocols may still result in higher settlements. In contrast, car accident settlements rarely include punitive damages unless the defendant’s conduct was exceptionally reckless.
Federal Regulations and Compliance Violations
Truck accident cases are subject to federal regulations governed by the Federal Motor Carrier Safety Administration (FMCSA). These regulations cover driver hours of service, truck maintenance standards, cargo loading protocols, and more.
If a trucking company or driver violates FMCSA regulations, it can serve as strong evidence of negligence in a personal injury claim. For instance, if a truck driver exceeds the maximum hours of service and causes a collision due to fatigue, the settlement may include additional compensation for punitive damages.
In contrast, car accident cases are typically governed by state traffic laws, which may not carry the same level of scrutiny or potential for punitive damages. This distinction can significantly impact the overall settlement value in truck accident cases.
Litigation and Settlement Timeline
Truck accident claims often take longer to settle due to the complexity of evidence, multiple liable parties, and high-value damages. Car accident claims may be resolved within a few months, but truck accident cases can take over a year to settle or proceed to trial.
Victims in Nebraska and Iowa should be prepared for prolonged negotiations, especially in cases involving severe injuries or disputed liability. Hiring an experienced personal injury attorney can expedite the process and increase the likelihood of a favorable settlement.
Protect Your Rights After a Truck Accident
If you or a loved one has been injured in a truck accident in Nebraska or Iowa, it’s vital to understand how settlements differ from car accident cases. From higher insurance limits and complex evidence to federal regulations and multiple liable parties, truck accident claims require skilled legal advocates to secure fair compensation.
At Hauptman, O’Brien, Wolf & Lathrop, LLC, our experienced personal injury attorneys are dedicated to advocating for victims of truck accidents. We understand the financial, emotional, and physical toll these accidents can cause, and we’re here to help you navigate the complex claims process. Contact Hauptman, O’Brien, Wolf & Lathrop, LLC, or call us at any of our offices in Omaha, South Omaha, Bellevue, or Council Bluffs, and start your recovery journey today.
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