Wrongful Death

Motorist Killed in Collision with Two Semi Trucks on I-80

By Cullan & Cullan on September 4, 2013 - Comments off

Nebraska Wrongful DeathAccording to a report by Omaha.com, on August 31, a motorist was killed after his vehicle crossed the median on Interstate 80 and collided with two semitrailer trucks. The accident took place at night around 8:30 p.m.

A lieutenant of the Sarpy County Sheriff’s Office stated that the motorist was heading east on I-80 in a 2003 Acura RSX and was nearing the Melia Hill Rest Area when the fatal accident took place. The Acura veered into the westbound side and struck two trucks going in the opposite direction, causing one of them to roll over.

The driver of the Acura was declared dead at the scene. The drivers of the two semi trucks were not injured. A female passenger with one of the truck drivers was taken to a nearby hospital with only minor injuries. Read the rest »

Woman Dies from Injuries in Omaha Crash with Landscaping Truck

By Cullan & Cullan on June 19, 2013 - Comments off

Omaha Personal InjuryOne of the victims from a multi-vehicle accident in Omaha Friday morning, June 7, has died. As reported by 6 News NBC WOWT, the accident involved a stolen lawn service truck owned by Penton Landscaping. According to police, the truck was stolen at approximately 10:45 a.m. at 34th Street and Arbor. Lawn service personnel told Channel 6 News that they were at a job site when the suspect jumped into the truck and sped away. Lawn service workers chased the truck on foot and then dialed 911.

Witnesses reported seeing the truck with a trailer attached swerving all over the highway near Leavenworth and Saddle Creek. They said they saw the truck rear end a car, strike another vehicle that was waiting to make a left-hand turn, and then hit an SUV before coming to a stop. Read the rest »

Crashes on I-480 and I-80 Involving Metro Buses Leave One Man Dead

By Cullan & Cullan on May 13, 2013 - Comments off

A crash involving a Metro Transit bus and a pickup truck has proven fatal.  Courtesy of KMTV Action 3 News Omaha, the crash occurred on I-480 North near Martha just after 6:30 p.m.  Omaha police say a Metro bus had broken down on the interstate and had its flashers on when the pickup truck slammed into the stopped bus.  The bus was out of service due to having mechanical issues and breaking down.  The driver of a Chevrolet pickup truck crashed into the back of the bus.

The pickup truck driver was 67 years old and from Omaha.  He was transported to a local hospital where he died from injuries sustained.  The crash occurred near Leavenworth Street on northbound I-480.  Police are in the process of conducting an investigation into the cause of the driver’s death. Read the rest »

Appeals Panel Rules Against Verdict in NE Jail Suicide Case

By Cullan & Cullan on July 6, 2012 - Comments off

NE Wrongful Death AppealA federal appeals panel ruled that an $850,000 jury award does not have to be paid to the mother for the wrongful death of her son as was originally decided by an Omaha jury. As explained by a news report in the Sioux City Journal, the 37-year-old son of an Effingham, KS mother was being held on several charges in a Dodge County Jail when he committed suicide in August of 2006. As her son had a history of mental illness, the mother filed a NE wrongful death lawsuit declaring jail officials disregarded the signs that her son was suicidal, including warnings from the man’s psychiatrist. He was the third inmate to commit suicide at the jail since 2001.

A federal jury in Omaha agreed with the mother’s claims and ordered damages of $750,000 from the county, $25,000 from the jail’s nurse, and $75,000 from the jail administrator. The grand jury also recommended that jail officials review policies and procedures for suicide watches, change air vent covers in cells, and take other steps to prevent other suicides. Read the rest »

Hastings Truck Accident on Highway 6 Claims the Life of One Man

By Cullan & Cullan on May 2, 2012 - Comments off

A 52-year-old Prosser man died as a result of a recent Nebraska semi truck accident near Hastings, according to TheIndependent.com. The Nebraska State Patrol stated a truck hauling batteries was traveling eastbound on Highway 6 around 11:30 a.m. when it stopped at a railroad crossing. An eastbound semitrailer truck that was hauling corn then collided with the rear of the first truck, and the collision then forced the truck into the westbound lane where the accident victim who lost his life was driving his 2008 Ford pickup truck.

The 63-year old driver of the battery truck, a resident of Omaha, was taken to Mary Lanning Memorial Hospital for treatment of injuries to his face and shoulders. The 46-year-old semi trailer truck driver who caused the initial collision was not injured. Tragically, the pickup truck driver was announced dead at the scene. The victim was reportedly a safety officer for the Wood River Volunteer Fire Department. Read the rest »

Nebraska Man Sentenced to 51 Years in Prison for Fatal Motorcycle Drunk Driving Accident

By Cullan & Cullan on February 6, 2012 - Comments off

According to a report from KETV7, a 55-year-old northeast Nebraska man received a lengthy prison sentence for being the cause of a drunk driving motorcycle crash in Nebraska that killed two Emerson college students. The Hubbard resident was driving his vehicle drunk when he crossed the road’s center line and hit the oncoming motorcycle of the two students head-on. The driver was a 20-year-old male and the passenger was his girlfriend, a 19-year-old female. The driver reportedly had a blood alcohol content (BAC) of 0.196 percent, which is more than twice the legal limit in Nebraska of 0.08 percent. This DUI conviction marked the second for the convicted man in Nebraska and his seventh overall.

Court records show that the convicted drunk driver was sentenced to 25 to 40 years in prison for each of the vehicular homicide charges and one year for drunken driving, which the judge ordered he serve consecutively. The judge considered the man’s past convictions when deciding upon a prison sentence and considered the fact that he clearly never took advantage of the state’s many offers to get him help for his alcohol problem. The father of the female victim states the man’s sentencing closes this painful chapter of his family’s life, though he states no matter the length of the prison sentence, it won’t bring his daughter back. He hopes the offender’s sentence makes other Nebraska drivers think twice before drinking and driving. Read the rest »

Bellevue Couple File Wrongful Death Lawsuit over Son’s Death

By Cullan & Cullan on December 12, 2011 - Comments off

According to Omaha.com, a Bellevue couple who tragically lost their son in a truck accident in September are now taking legal action and filing a wrongful death suit. The married couple’s 26-year-old- son died September 3 as he was riding his bike south in the northbound lanes on Dahlman Avenue near D Street in South Omaha, according to Omaha police. The lawsuit alleges that a Nebraska-Iowa supply company semi truck that was also traveling south suddenly turned into the victim’s path as he tried to enter a Nebraska Beef parking lot. Police state that the victim tried to stop, but died when his bike hit and slid under the semi. The couple is seeking compensation for funeral expenses, medical expenses, pain and suffering, and loss of companionship in this wrongful death lawsuit.

In the event of a loved one dying unexpectedly, the family is often left with the horrific question as to whether or not the death was preventable and was caused because of the negligence of another person. If the victim died due to the negligent actions of another, then a family may have a valid wrongful death claim and can seek compensation for their loss. Read the rest »

Common Causes of Wrongful Death

By Cullan & Cullan on August 26, 2011 - Comments off

The term “wrongful death” refers to the death of a person due to the inaction, malpractice, or negligence of another person. When a wrongful death occurs, the victim’s family has the right to file a wrongful death lawsuit against the person responsible. Although no amount of money can replace a loved one, a successful wrongful death claim can help a family find closure and may also prevent the responsible party from harming others with negligence or malpractice. Wrongful death cases have several common causes, including but not limited to the following examples.

Medical Malpractice

Physicians must provide an accepted standard of care for their patients. If a medical care provider fails to do so, causing the death of a patient, they can be held liable. Several types of medical malpractice can lead to wrongful deaths. Read the rest »