Truck Accident Claims in Nebraska
The safety and insurance rules for trucks in Nebraska, how fault is shared, any limits on damages, and the deadline to sue.
Short answer: Nebraska adopts listed parts of the federal motor carrier safety regulations as state law, including hours of service (49 CFR part 395), inspection and maintenance (part 396), driver qualifications (part 391) and financial responsibility (part 387). Neb. Rev. Stat. § 75-363; 49 CFR 387.9
| Truck safety and insurance rules | Nebraska adopts listed parts of the federal motor carrier safety regulations as state law, including hours of service (49 CFR part 395), inspection and maintenance (part 396), driver qualifications (part 391) and financial responsibility (part 387). They apply to interstate carriers and to intrastate carriers' vehicles over 10,000 pounds, certain passenger vehicles, placarded hazmat vehicles and CDL drivers, with exceptions for some farm vehicles and modified intrastate hours-of-service limits (for example, no driving more than 12 hours after 10 hours off duty). Federal rules separately require for-hire interstate carriers of ordinary (nonhazardous) property in vehicles of 10,001 pounds or more to carry at least $750,000 in liability coverage (49 CFR 387.9). Federal: https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-387/subpart-A/section-387.9 . A separate state minimum insurance amount for intrastate trucks was not confirmed. |
|---|---|
| Fault rule (comparative negligence) | Modified comparative negligence (50% bar). The injured person's contributory negligence reduces damages proportionately but does not bar recovery, unless it is equal to or greater than the total negligence of all persons being sued, in which case recovery is completely barred. The jury must be told the effect of its allocation. Source: Neb. Rev. Stat. § 25-21,185.09 |
| Damage caps | No general cap on damages in ordinary injury cases was found. Caps apply to medical malpractice under the Nebraska Hospital-Medical Liability Act and to claims against political subdivisions. |
| Deadline to sue for an injury | Four years for an action for injury to the rights of the plaintiff not arising on contract and not otherwise listed, which covers most negligence personal injury claims. Some claims have different periods under other sections (for example, professional negligence and wrongful death, two years). Source: Neb. Rev. Stat. § 25-207(3) |
More Nebraska personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Nebraska
- Wrongful Death Lawsuits in Nebraska
- Medical Malpractice Rules in Nebraska
- Car Accident Claims in Nebraska
- Dog Bite Liability in Nebraska
- Sidewalk and Public Property Falls in Nebraska
- Motorcycle Accident Claims in Nebraska
- Pedestrian Accident Claims in Nebraska
- Bicycle Accident Claims in Nebraska
- Uber and Lyft Accident Claims in Nebraska
- Construction Site Injuries in Nebraska
- All Nebraska personal injury & wrongful death rules
FAQ
What safety and insurance rules apply to trucks in Nebraska?
Nebraska adopts listed parts of the federal motor carrier safety regulations as state law, including hours of service (49 CFR part 395), inspection and maintenance (part 396), driver qualifications (part 391) and financial responsibility (part 387). They apply to interstate carriers and to intrastate carriers' vehicles over 10,000 pounds, certain passenger vehicles, placarded hazmat vehicles and CDL drivers, with exceptions for some farm vehicles and modified intrastate hours-of-service limits (for example, no driving more than 12 hours after 10 hours off duty). Federal rules separately require for-hire interstate carriers of ordinary (nonhazardous) property in vehicles of 10,001 pounds or more to carry at least $750,000 in liability coverage (49 CFR 387.9).
Can you recover damages if you were partly at fault in Nebraska?
Modified comparative negligence (50% bar). The injured person's contributory negligence reduces damages proportionately but does not bar recovery, unless it is equal to or greater than the total negligence of all persons being sued, in which case recovery is completely barred. The jury must be told the effect of its allocation.
Does Nebraska cap damages in personal injury cases?
No general cap on damages in ordinary injury cases was found. Caps apply to medical malpractice under the Nebraska Hospital-Medical Liability Act and to claims against political subdivisions.
What is the statute of limitations for personal injury in Nebraska?
Four years for an action for injury to the rights of the plaintiff not arising on contract and not otherwise listed, which covers most negligence personal injury claims.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.